Agenda 06/23/2015 Item #11F6/23/2015 11.F.
EXECUTIVESUNIMARY
Recommendation to award Request for Proposal No. 14 -6307 Annual Contract for General Contractor
Services to the following five firms: Bradanna, Inc., Surety Construction Company, PBS Contractors,
Wright Construction Group, Inc., and Compass Construction, Inc.
OBJECTIVE: To secure general contracting services to provide an efficient and timely
response to address maintenance and repairs to the facility infrastructure.
CONSIDERATIONS: The Facilities Management Division is responsible for more than 4.3
million square feet in more than 900 structures. In order to efficiently and effectively address
the maintenance and repair items brought forward by building occupants (i.e. office re- designs,
restroom repairs, heating ventilation rehabilitation, door relocations, etc.); small repair items
(i.e. window replacements, plumbing repairs, electrical re- wiring, etc.); and /or small dollar
construction projects outlined on the capital project list approved by the Board, General
Contractor Services are used.
On behalf of all County divisions, Facilities Management and Procurement Services staff
developed Request for Proposal (RFP) No. 14 -6307 Annual Contract for General Contractor
Services. Based on historical data, and other similar contracts approved by the Board, this
competitive solicitation was issued with the following selection criteria, as many of these
projects are dependent on specialized expertise /experience, project scheduling, quality of work
or other customer critical components. The criteria included:
• Cost of Service (25 points)
• Experience and Capacity (25 points)
• Specialized Expertise of Team Members (25 points)
• References (10 Points)
Local Vendor Preference (10 Points)
• Business Plan (5 points)
This solicitation was issued September 26, 2014; notices were emailed to one thousand
five hundred twenty three (1,523) finns with eighty (80) requests for solicitation packages.
The Procurement Services staff received proposals from ten (10) firms by the due date of
October 27, 2014. According to standard procurement procedures, a selection committee
was formed to review and rank the proposals. Prior to submitting the selection committee's
rank order. a minor mathematical miscalculation was found on the scoring sheet; the selection
committee was reconvened on April 1, 2015 to review the scores, re -rank and obtain consensus
on the order of the fines. By consensus, the committee recommended the following firms
to be awarded a contract:
1. Bradanna, Inc.
2. Surety Construction Company
3. PBS Contractors
4. Wright Construction Group, Inc.
5. Compass Construction, Inc.
For projects between three thousand ($3,000) to fifty thousand ($50,000) dollars, staff will
endeavor to notify all contractors under this contract to obtain a quote; and staff will estimate the
project, compare prices and terms, and select the overall best value for the County.
Packet Page -356-
6/23/2015 11. F.
Staff requests that the Board award RFP N o . 14 -6307, "Annual Contract for General
Contractor Services" to the five (5) firms identified herein and authorizes the
Chairman to sign the contracts.
FISCAL IMPACT: The funding for each Work Order that is assigned under the approved
contracts has been approved by the Board during the annual operating and capital budget
process. Historical average annual expenditures for these services total approximately $2.1M
GROWTH MANAGEMENT IMPACT: While these contracts have no direct gromh
management impact, they are consistent with the County's long -term growth plans.
LEGAL CONSIDERATIONS: This item is approved as to forin and legality, and requires
majority vote for Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners awards RFP No. 14-
6307, Annual Contract for General Contractor Services to five firms: Bradanna, Inc.,
Surety Construction Company, PBS Contractors, Wright Construction Group, Inc., and
Compass Construction, Inc. and authorizes the Chairman to sign the attached contracts after
Zn
final County Attorney review.
Prepared by: Margaret Bishop, P.E., Senior Project Manager, Division of Facilities
Management
Attachments:
• Selection Committee Final Reconvened Rankines
• Request for Proposal No. 14 -6307 Annual Contract for General Contractor Services
• Bradanna Inc. - Contract
• Surety Construction Company - Contract
• PBS Contractors - Contract
Wright Construction Group, Inc. - Contract
• Compass Construction, Inc. - Contract
Packet Page -357-
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.F.
6/23/2015 11.F.
Item Summary: Recommendation to award Request for Proposal No. 14 -6307 Annual
Contract for General Contractor Services to the following five firms: Bradanna, Inc., Surety
Construction Company, PBS Contractors, Wright Construction Group, Inc., and Compass
Construction, Inc.
Meeting Date: 6/9/2015
Prepared By
Name: JonesHank
Title: Project Manager, Principal, Administrative Services Department
5/11/2015 4:52:44 PM
Submitted by
Title: Project Manager, Principal, Administrative Services Department
Name: JonesHank
5/11/2015 4:52:46 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 5/12/2015 8:45:52 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M. Administrative Services Department
Date: 5/1 2/2015 9:51:31 AM
Name: HerreraSandra
Title: Manager - Procurement, Administrative Services Department
Date: 5/12/2015 9:52:05 AM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
Date: 5/12/2015 11:52:21 AM
Packet Page -358-
6/23/2015 11. F.
Name: CummingsRhonda
Title: Procurement Specialist, Administrative Services Department
Date: 5/12/2015 1:33:18 PM
Name: CummingsRhonda
Title: Procurement Specialist, Administrative Services Department
Date: 5/12/2015 1:33:27 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/13/2015 1:52:39 PM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 5/20/2015 3:39:32 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/20 /2015 3:58:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/21/2015 8:23:22 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 5/22/2015 10:26:48 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/26/2015 6:18:49 PM
Packet Page -359-
w
0)
O
U
C
O
u
CD
m
1
0)
1
O
0)
0
C
Y
C
Li.
1r
U-
rA
d
V
Packet Page -360-
T91
O
N_
V
d7
C
E
E
7
U
m
C
O
m
t�
C
a)
a)
a
a)
C
.N
f6
U
d
6/23/2015 11.F.
r-1
O
e--I
ao
a
0000000
0)
0
0
0
L
O
0
0000000000
U
t6
c
O
�r
0000000000
ti U
W v
T
0
0
0
t°` V
� J
M
'U
0
CL
Q
T
N
M
L
Packet Page -360-
T91
O
N_
V
d7
C
E
E
7
U
m
C
O
m
t�
C
a)
a)
a
a)
C
.N
f6
U
d
6/23/2015 11.F.
r-1
O
e--I
ao
a
0000000
0
0
0
0
0000000000
c w
0000000000
0
0
0
0
0
0
0
0
0
0
Q
T
N
M
lC)
CO
CO
o0
O
O
= O H
LL U p
d
N
M
d
CO
CO
T
O
a0
T
ti
0
0
d
>
Q
L
d
T
d a+
T
N
M-e
CO
Lo
h
00
O7
O
Y
T
Ci
T
N
M
er
W
Co
aD
ti
CA
O
y
� w
O
T
v
Q Q
T
M
N
t0
d
h
Lo
07
M
O
=
T
C N
� C
O �
Q
M
T
IRT
N
Lo
CO
1-
CO
O
C>
r
d Q
T
ns O
M=
L (A
m
U
J
J
O
Co
O
}
Q
U
U
L
O..
>+
�
O
O
U
J
O
_
E
Cu
U
�
C
0
m
o
c
O
O
O
L
U
C
U
O
U
m
U
o
c
U
E
c4
O
O
U
�
(�
O
..
O
Z
a=
cn
O
s=
O
�=
C
c
U
O
U
..
N
C
O
U
L
C
Co
+
C
O
U
C
Cn
+J
o
O
O
o
U
O
U
m
U
U
C
(6
Cu
0-
a)
�
N
a
J
Q
N
/C)
VJ
E
s_
f0
U
C
.�
00mo.0��
Packet Page -360-
T91
O
N_
V
d7
C
E
E
7
U
m
C
O
m
t�
C
a)
a)
a
a)
C
.N
f6
U
d
6/23/2015 11.F.
r-1
O
e--I
ao
a
6/23/2015 11. F.
REQUEST FOR PROPOSAL
cortr County
Adn�nist-abve Services Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 14 -6307 General Contractor Services
Rhonda Cummings, CPPB, Procurement Strategist
(239) 252 -8941 (Telephone)
(239) 252 -6700 (Fax)
RhondaCummings @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Company may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Pimnasnq D%a-,ml 3327 Tama Trail East • Naples, Flo, ids, 3411.2 -+4901 � wvnt colic pc -v,ne porchasi?g
Packet Page -361-
6/23/2015 11. F.
Table of Contents
LEGALNOTICE ................................................................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................14
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................18
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................22
ATTACHMENT 1: COMPANY'S NON - RESPONSE STATEMENT ............................................................... .............................31
ATTACHMENT 2: COMPANY CHECK LIST ............................................................................................. .............................32
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................33
ATTACHMENT 4: COMPANY DECLARATION STATEMENT .................................................................... .............................34
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................36
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................38
ATTACHMENT 7: COMPANY SUBSTITUTE W — 9 .................................................................................. .............................39
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................40
ATTACHMENT 9: REFERENCE QUESTIONNAIRE .. ............................... .............................42
14 -6307
RFP_Non_CCNATemp1ate_04152014
2
Packet Page -362-
6/23/2015 11. F.
0 C4:�Uy
Adnrinistn ve Services Division
Purchasing
Legal Notice
Sealed Proposals to provide General Contractor Services will be received until 2:30 PM Naples local
time, on October 27 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
Solicitation
14 -6307 General Contractor Services
Services to be provided may include, but not be limited to the following: complete and miscellaneous
contracting jobs that require the services of a General Contractor.
No pre - proposal conference will be held.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net /bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on September 26, 2014.
33, , 'a mi am: ; fai.; z2c7 Na, „_ .4flM3 , 4112 ' ww ^ -0ilte "Cot nci: WUF;.h ?sIno
14 -6307
RF P_Non_CC NATem p late_04152014
Packet Page -363-
6/23/2015 1 1.F.
Exhibit 1: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Department (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of
obtaining proposals from interested and qualified Consultants in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the
requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
The selected companies shall be responsible for knowledge of and compliance with all relative
local, state, and federal codes and regulations. The selected companies will also be required to
follow Collier County vertical standards, unless otherwise approved by the Department of
Facilities Management (copy of current vertical standards will be included with RFP packets).
This Contract will be available, but not mandatory, for use by all County Departments in need of
this service.
Historically, County departments have spent approximately $4,200,000 over the past two (2)
years. The construction services associated with this agreement generally will not exceed
$250,000 for any one project unless approved by the Board of County Commissioners.
Scope of Work
The selected general contractor(s) will be responsible for providing complete construction
services for a wide range of projects as may be required by Collier County including, but not
limited to:
• Construction supervision /administration;
•
New construction;
• Renovations /retrofits;
• Design Build projects (generally only under $50,000);
• Demolition associated with renovations /retrofits;
• Scheduling work and subcontractors in harmony with the County's operations;
• Estimating cost of future projects.
2. Should any project that is active extend past the contract termination date, that contract shall
be extended until completion of such project.
3. The general contractor(s) selected for this contract 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 that will be provided in the bid schedule are fully burdened to include overhead,
insurance and profit. Mobilization and MOT are excluded from those rates and should
14 -6307
RFP_Non_CCNATemplate_04152014
4
Packet Page -364-
6/23/2015 11. F.
be priced in accordance with the demand of the job. Mobilization and MOT charges
must be agreed upon with the Collier County representative prior to issuance of a work
order.
Jobs that require bonding (typically over $200,000), the bonding fee may be charged to
Collier County without an up- charge.
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.
4. The procedure to be followed will be determined by the value of the project. The procedure for
projects with a value of fifty thousand dollars ($50,000) or less is as follows:
• Summary of Work to be provided to one (1) of the selected companies.
• Contractor shall respond with the information and /or proposal sought within seven (7)
working days;
• Owner may negotiate terms and conditions;
• Issuance by Owner of a numbered Work Order;
5. The Procedure for projects with a value of more than fifty thousand dollars ($50,000) up to
two hundred fifty thousand dollars ($250,000) is as follows:
• Quotations shall be solicited from all of the selected companies. Completion time and the
collection of liquidated damages may be specified in the Quotation. Performance and
Payment Bonds may also be required.
• Contractor shall respond with the information and /or proposal sought within seven (7) to
ten (10) working days;
• Owner may negotiate terms and conditions;
• If Performance and Payment Bonds are required, Contractor shall provide within seven
(7) working days after notification of award;
• Issuance by Owner of a purchase order is required.
6. Performance and Payment Bonds Requirement: When a construction project is in excess
of $200,000 and more than thirty (30) days in duration, the Contractor(s) may be required to
provide Performance and Payment Bonds, in the form prescribed in Exhibits A, and B,
Pages A -1 through B -3, in the amount of 100% of the Contract Amount, the costs of which is
to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a
surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall be rated as "A-" or better as to general policy holders
rating and Class V or higher rating as to financial size category and the amount required
shall not exceed 5% of the reported policy holders surplus, all as reported in the most
current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street,
New York, New York 10038. Should the contract amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
All performance security under the subsequent contract shall be continued for a six (6)
month period beyond the final completion of the project. If the surety for any bond furnished
by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated
in the State of Florida, or it ceases to meet the requirements imposed by the Contract
Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
14 -6307
RF P_Non_CCNATemp late_04152014
Packet Page -365-
6/23/2015 11.F.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
year renewal options..
Prices shall remain company for the initial term of this contract. Requests for consideration of a
price adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event
Date
Issue Solicitation Notice
September 26 2014
Last Date for Receipt of Written Questions
October 16, 2014,
4:00 PM, Naples
Local Time
Addendum Issued Resulting from Written Questions
TBD
Solicitation Deadline Date and Time
October 27, 2014,
2:30 PM, Naples
Local Time
Anticipated Evaluation of Submittals
October 2014
Anticipated Completion of Contract Negotiations
October — November
2014
Anticipated Board of County Commissioner's Contract
December 2014
Approval Date
Response Format
The Company understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Company further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Company's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
14 -6307
RF P_Non_CCNATemplate_04152014
6
Packet Page -366-
6/23/201 5 1 1. F.
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Company to include all listed items may result in the rejection of its proposal.
The Points Awarded by Company will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Company's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Company. The Selection Committee may, at their sole discretion modify the points assigned after
a thorough review of the proposal and prior to final ranking by the final Selection Committee.
1. Tab I, Cover Letter I Management Summary
Provide the following information which does not exceed two (2) pages:
• Acknowledge the scope of work and how the proposer will complete that scope of work.
• Include the primary authorized contact for this contract including name, address, telephone
number, FAX number and email address.
• List all proposed subcontractors who may participate on the General Contractors team.
Provide a cover letter, signed by an authorized officer of the company, indicating the
underlying philosophy of the company in providing the services stated herein. Include the
name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning
proposal. Submission of a signed Proposal is Company's certification that the Company will
accept any awards as a result of this RFP. List all proposed subcontractors who will
participate on the team.
2. Tab Il, Business Plan (5 points)
In this tab, provide the following information:
• Detailed plan of approach (including major tasks and sub - tasks).
• Detailed time line for completion of the project.
• Provide responses to the following items below in the format requested so that the
Selection Committee members will be provided with the same objective information for
each company for scoring purposes. Companies who do not respond to the items
below in this format will be pre- scored zero (0) points; items not completed or left blank
will be pre- scored zero (0)
1.
My company has a business manual which outlines
administrative procedures.
Instructions: Enter ten (10) if the company has a
business manual. Enter zero (0) if the company does
not have a business manual.
2.
My company has a drug -free workplace policy.
Instructions: Enter ten 10 if the company has a drug
14 -6307
R F P_N o n_C C NATem p l ate_04152014
Packet Page -367-
6/23/2015 11. F.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each financial institution's information provided in this area:
• The County shall total each of the company's scores and create a ranking from highest
total to lowest total.
• The highest number of points will be awarded to the company who has the highest total.
• For all distribution of criteria points, the company total will be divided by the highest
company's total which will then be multiplied by the criteria points within this section to
determine the financial institution's Points Awarded. Each subsequent company's score
will be calculated in the same manner.
• Points awarded will be extended to a "whole" number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Company
free workplace policy. Enter zero (0) if the company
points Awarded
Firm ABC
does not have a drug free workplace policy.
5
Firm DEF
• If the answer is yes, provide a copy of that
policy.
5
3.
My company performs random drug testing.
3
Firm JKL
Instructions: Enter ten (10) if the company performs
3
Firm MNO
20
random drug testing. Enter zero (0) if the company
Firm POR
10
does not provide random drug testing.
TOTAL (Add items #1 —3, and place the total in the
adjacent field
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each financial institution's information provided in this area:
• The County shall total each of the company's scores and create a ranking from highest
total to lowest total.
• The highest number of points will be awarded to the company who has the highest total.
• For all distribution of criteria points, the company total will be divided by the highest
company's total which will then be multiplied by the criteria points within this section to
determine the financial institution's Points Awarded. Each subsequent company's score
will be calculated in the same manner.
• Points awarded will be extended to a "whole" number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Company
Company Total
Score
points Awarded
Firm ABC
30
5
Firm DEF
30
5
Firm GHI
20
3
Firm JKL
20
3
Firm MNO
20
3
Firm POR
10
2
The Points Awarded by financial institution will be distributed to the Selection Committee prior
to their evaluation of the proposals. The Selection Committee will review the proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
company. The Selection Committee members may, at their sole discretion modify the points
assigned after a thorough review of the proposal and prior to final ranking by the final
Selection Committee.
14 -6307
RFP_Non_CCNATem plate_04152014
8
Packet Page -368-
6/23/2015 11. F.
3. Tab III, Cost of Services to the County (25 points)
In this tab, include:
Provide proposed fully burdened labor rates of subcontractors and staff anticipated to be a
part of this contract.
Provide responses to the following items below in the format requested so that the
Selection Committee members will be provided with the same objective information for
each company for scoring purposes. Companies who do not respond to the items below in
this format will be pre- scored zero (0) points; items not completed or left blank will be pre -
scored zero (0)
1.
Identify the number of similar projects that the company
started during this time frame (1/1/2013 — 6/30/2014)?
2.
Of the projects identified above (in item #1), identify
how many of those projects are complete, closed and
all documentation has been turned over to the "owner."
3.
Of the projects identified above (in item #2), identify
I., many of those projects are complete, closed and
all documentation has been turned over to the "owner."
4.
Of the projects identified above (in item #2), identify
how many of those projects were completed in the
owner's timeframe.
5.
Of the projects identified above (in item #2), identify
how many of those projects were completed in the
owner's outlined budget requirements.
TOTAL (Add items #'s 1 — 5, and place the total in
the adjacent field)
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each financial institution's information provided in this area:
• The County shall total each of the company's scores and create a ranking from highest
total to lowest total.
• The highest number of points will be awarded to the company who has the highest
total.
• For all distribution of criteria points, the company total will be divided by the highest
company's total which will then be multiplied by the criteria points within this section to
determine the financial institution's Points Awarded. Each subsequent company's
score will be calculated in the same manner.
• Points awarded will be extended to a "whole" number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
14 -6307
RFP_Non_CCNATemp1ate_04152014
Packet Page -369-
6/23/2015 1 1. F.
Company
Company Total
Score
points Awarded
Firm ABC
128
25
Firm DEF
125
24
Firm GHI
92
18
Firm JKL
67
13
Firm MNO
67
13
Firm POR
14
3
The Points Awarded by financial institution will be distributed to the Selection Committee
prior to their evaluation of the proposals. The Selection Committee will review the proposal
to ensure consistency and completion of all tasks in the RFP, and review the Points
Awarded per company. The Selection Committee members may, at their sole discretion
modify the points assigned after a thorough review of the proposal and prior to final ranking
by the final Selection Committee.
4. Tab IV, Experience and Capacity of Company (25 points)
Include the following information
• Provide information that documents your company's and subcontractors' qualifications
to produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services.
• Describe the various team members' successful experience in working with one
another on previous projects.
• Provide responses to the following six (6) items below in the format requested so that
the Selection Committee members will be provided with the same objective information
for each company for scoring purposes. Companies who do not respond to the items
below in this format will be pre- scored zero (0) points; items not completed or left blank
will be pre - scored zero (0).
1.
As described in the solicitation document, the
company must be licensed and insured in the
State of Florida.
Instructions: Insert ten (10) if evidence of licensure
and insurance is included in the submittal, insert
zero (0) if evidence is not presented.
• Provide evidence of licenses and insurance. If
this evidence of licensure and insurance is
not provided, the County reserves the right
to no longer consider the proposaL
2.
Identify the number of years the company has provided
General Contracting services to the public sector (under
the same name and /or the same principle owners).
number of ears
3.
Identify the number of "industry awards and /or
recognitions" that the company has received from peer
group (i.e. Associated General Contractors of America or
(number of awards
14 -6307
RFP_Non_CCNATemp1ate_04152014
IN
Packet Page -370-
6/23/2015 11. F.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each financial institution's information provided in this area:
• The County shall total each of the company's scores and create a ranking from highest
total to lowest total.
• The highest number of points will be awarded to the company who has the highest
total.
• For all distribution of criteria points, the company total will be divided by the highest
company's total which will then be multiplied by the criteria points within this section to
determine the financial institution's Points Awarded. Each subsequent company's
score will be calculated in the same manner.
• Points awarded will be extended to a "whole" number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Company
one of its affiliates) in the past five (5) years (1/1/2009 -
points Awarded
Firm ABC
12/31/2013).
25
4.
Provide a list of projects that were performed for Collier
24
Firm GHI
County Government project managers over the past five
17
Firm JKL
years 1/1/2009 — 12/31/2013).
(number of Collier
Firm MNO
14
County projects)
Firm PQR
• Provide a list of those projects, the year, and the
Collier County project manager.
6
TOTAL (Add items Ws 1 — 4, and place the total in the adjacent
field)
(TOTAL)
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each financial institution's information provided in this area:
• The County shall total each of the company's scores and create a ranking from highest
total to lowest total.
• The highest number of points will be awarded to the company who has the highest
total.
• For all distribution of criteria points, the company total will be divided by the highest
company's total which will then be multiplied by the criteria points within this section to
determine the financial institution's Points Awarded. Each subsequent company's
score will be calculated in the same manner.
• Points awarded will be extended to a "whole" number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
Company
Company Total
Score
points Awarded
Firm ABC
54
25
Firm DEF
52
24
Firm GHI
36
17
Firm JKL
24
11
Firm MNO
14
6
Firm PQR
12
6
The Points Awarded by financial institution will be distributed to the Selection Committee
prior to their evaluation of the proposals. The Selection Committee will review the proposal
to ensure consistency and completion of all tasks in the RFP, and review the Points
Awarded per company. The Selection Committee members may, at their sole discretion
modify the points assigned after a thorough review of the proposal and prior to final ranking
by the final Selection Committee.
5. Tab V, Specialized Expertise of Team Members (25 points)
In this tab, include:
Packet Page -371-
14 -6307
R F P_N o n_C C N AT em p f a te_04152014
IF
AMINGUIRMIS
• Description of the proposed contract team and the role to be played by each member
of the team.
• Attach brief resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific
services.
• Attach resumes of any sub - contractors and attach letters of intent from stated sub-
contractors must be included with proposal submission.
6. Tab VI, References (10 points)
In order for the company to be awarded any points for this tab, the County requests that the
company submits five (5) completed reference forms from clients whose projects are of a
similar nature to this solicitation as a part of their proposal. The County will only use the
methodology calculations for the first five (5) references (only) submitted by the company in
their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each company's information provided in this area:
• The County shall total each of the company's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Companies who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the company who
has the highest score.
• The next highest company's number of points will be divided by the highest company's
points which will then be multiplied by criteria points to determine the company's points
awarded. Each subsequent company's point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Company Name
Company Total
Reference Score
Points Awarded
Company ABC
445
10
Company DEF
435
10
Company GHI
425
10
Company JKL
385
9
Company MNO
385
9
Company PQR
250
6
The points awarded by company will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the company's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
company. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
14 -6307
R F P_N o n_C C N ATe m p l a te_04152014
12
Packet Page -372-
6/23/2015 11. F.
7. Tab VIII, Required Form Submittals
• Attachment 2: Company Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Company Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Company Substitute W -9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Other: i.e. signed addenda, licenses or certifications, promotional materials, etc.
14 -6307
UP_Non_CCNATemplate_04152014
13
Packet Page -373-
Exhibit II: General RFP Instructions
1. Questions
6/23/2015 11. F.
Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding
System website: www.collier.gov.net /bid. Companies must clearly understand that the only official
answer or position of the County will be the one stated on the Collier County Purchasing
Department Online Bidding System website. For general questions, please call the referenced
Procurement Strategist noted on the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Companies having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Companies are strongly encouraged to attend, as, this will usually be the only pre -
proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory",
prospective Companies must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Company if the Company discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Company in the preparation
of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation
in any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 2:30 PM, Naples local time, on or before October 27,
2014 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
14 -6307
R F P_Non_C CNATem p late_04152014
14
Packet Page -374-
6/23/2015 11. F.
Attn: Rhonda Cummings, Procurement Strategist
The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing company an unfair
advantage in the selection process.
Companies must submit one (1) paper copy clearly labeled "Master," and five (5) disks
(CD's /DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Company makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Companies
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
14 -6307
R F P_N o n_C C N ATem p I a te_04152014
15
Packet Page -375-
6/23/2015 11. F.
the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top- ranked company(s),
make site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and /or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Company nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
List evaluation factors and points (see below for examples)
Tab II, Business Plan 5
Tab 111, Cost of Services to the County 25
Tab IV, Experience and Capacity of Company 25
Tab V, Specialized Expertise of Team Members 25
Tab VI, References 10
Local Company Preference 10
TOTAL Number of Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the company
with the lowest paid dollars by Collier County to the company (as obtained from the County's
financial system) within the last five (5) years will receive the higher individual ranking. If there is a
multiple company tie in either individual scoring or final ranking, the company with the lowest
volume of work shall receive the higher ranking, the company with the next lowest volume of work
shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by
14 -6307
R F P_N o n_C C N ATe m p l a te_04152014
M
Packet Page -376-
6/23/201 5 1 1.F.
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Company, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Company or to re- advertise using the same or revised documentation, at its sole discretion.
14 -6307
RF P_Non_CCNATemplate_04152014
17
Packet Page -377-
4.
6/23/2015 11.F.
Exhibit III: Collier County Purchase Order Terms and Conditions
Offer
and to comply with all carrier
This offer is subject to cancellation by the
regulations. Risk of loss of any goods
COUNTY without notice if not accepted by
sold hereunder shall transfer to the
COMPANY within fourteen (14) days of
COUNTY at the time and place of
issuance.
delivery; provided that risk of loss prior
to actual receipt of the goods by the
Acceptance and Concompanyation
COUNTY nonetheless remain with
This Purchase Order (including all
COMPANY.
documents attached to or referenced
b)
No charges will be paid by the COUNTY
therein) constitutes the entire agreement
for packing, crating or cartage unless
between the parties, unless otherwise
otherwise specifically stated in this
specifically noted by the COUNTY on the
Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery
provided in Purchase Order, no invoices
of goods and /or services received by the
shall be issued nor payments made
COUNTY from COMPANY shall be deemed
prior to delivery. Unless freight and
to be upon the terms and conditions
other charges are itemized, any
contained in this Purchase Order.
discount will be taken on the full amount
of invoice.
No additional terms may be added and
c)
All shipments of goods scheduled on the
Purchase Order may not be changed except
same day via the same route must be
by written instrument executed by the
consolidated. Each shipping container
COUNTY. COMPANY is deemed to be on
must be consecutively numbered and
notice that the COUNTY objects to any
marked to show this Purchase Order
additional or different terms and conditions
number. The container and Purchase
contained in any acknowledgment, invoice
Order numbers must be indicated on bill
or other communication from COMPANY,
of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance
Purchase Order number and must be
or payment for any delivery of goods and /or
included on each package of less than
services, or any similar act by COMPANY.
container load (LCL) shipments and /or
with each car load of equipment. The
Inspection
COUNTY reserves the right to refuse or
All goods and /or services delivered
return any shipment or equipment at
hereunder shall be received subject to the
COMPANY'S expense that is not
COUNTY'S inspection and approval and
marked with Purchase Order numbers.
payment therefore shall not constitute
COMPANY agrees to declare to the
acceptance. All payments are subject to
carrier the value of any shipment made
adjustment for shortage or rejection. All
under this Purchase Order and the full
defective or nonconforming goods will be
invoice value of such shipment.
returned pursuant to COMPANY'S
d)
All invoices must contain the Purchase
instruction at COMPANY'S expense.
Order number and any other specific
information as identified on the
To the extent that a purchase order requires
Purchase Order. Discounts of prompt
a series of performances by COMPANY, the
payment will be computed from the date
COUNTY prospectively reserves the right to
of receipt of goods or from date of
cancel the entire remainder of the Purchase
receipt of invoices, whichever is later.
Order if goods and /or services provided
Payment will be made upon receipt of a
early in the term of the Purchase Order are
proper invoice and in compliance with
non - conforming or otherwise rejected by the
Chapter 218, Fla. Stats., otherwise
COUNTY.
known as the "Local Government
Shipping and invoices
Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must
the Board of County Commissioners
be suitably packed and prepared to
Purchasing Policy.
secure the lowest transportation rates
Packet Page -378-
14 -6307
RFP_Non_CCNATemp1ate_04152014
18
Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of COMPANY to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. COMPANY agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. COMPANY
further agrees that undiscovered delivery of
nonconforming goods and /or services is not
a waiver of the COUNTY'S right to insist
upon further compliance with all
specifications.
Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and COMPANY. Notwithstanding
the foregoing, COMPANY has an
afcompanyative obligation to give notice if
the changes will decrease costs. Any claims
for adjustment by COMPANY must be made
within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by
the parties.
Warranties
COMPANY expressly warrants that the
goods and /or services covered by this
Purchase Order will conform to the
specifications, drawings, samples or other
descriptions furnished or specified by the
COUNTY, and will be of satisfactory material
and quality production, free from defects and
sufficient for the purpose intended. Goods
shall be delivered free from any security
interest or other lien, encumbrance or claim
of any third party. These warranties shall
survive inspection, acceptance, passage of
title and payment by the COUNTY.
8. Statutory Conformity
6/23/201 5 1 1. F.
Goods and services provided pursuant to
this Purchase Order, and their production
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
Advertising
No COMPANY providing goods and
services to the COUNTY shall advertise the
fact that it has contracted with the COUNTY
for goods and /or services, or appropriate or
make use of the COUNTY'S name or other
identifying marks or property without the
prior written consent of the COUNTY'S
Purchasing Department.
10. Indemnification
COMPANY shall indemnify and hold
harmless the COUNTY from any and all
claims, including claims of negligence, costs
and expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of COMPANY in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
COMPANY represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
COMPANY shall indemnify and hold
harmless the COUNTY from and against
any and all claims, including claims of
negligence, costs and expense, including
but not limited to attorneys' fees, which arise
from any claim, suit or proceeding alleging
that the COUNTY'S use of the goods and /or
services provided under this Purchase Order
are inconsistent with COMPANY'S
representations and warranties in section 11
(a).
Packet Page -379-
14 -6307
RF P_Non_CCNATemplate_04152014
m
if any claim which arises from COMPANY'S
breach of section 11 (a) has occurred, or is
likely to occur, COMPANY may, at the
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The COMPANY, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the COMPANY. All insurance policies
shall be executed through insurers
authorized or eligible to write policies in the
State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
COMPANY agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, COMPANY acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded company(s) to comply with
the laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor COMPANY shall
be responsible for any delay or failure in
6/23/2015 11. F.
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
and acts of nature. When COMPANY has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, COMPANY shall
immediately give notice thereof, including all
relevant information with respects to what
steps COMPANY is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
COMPANY may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the COMPANY. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
COMPANY of the terms and conditions of
this Purchase Order, provided that COUNTY
has provided COMPANY with notice of such
breach and COMPANY has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
14 -6307
RF P_N o n_CC NATem plate_04152014
20
Packet Page -380-
be the Twentieth Judicial Circuit in and
for Collier County, Florida
b) Failure of the COUNTY to act
immediately in response to a breach of
this Purchase Order by COMPANY shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by COMPANY hereunder shall not be
deemed a waiver of any subsequent
default by COMPANY.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
6/23/2015 11. F.
d) The Company agrees to reimbursement
of any travel expenses that may be
associated with this Purchase Order in
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and /or
provide the greatest protection to the
County shall govern.
14 -6307
R F P_N o n_C C N ATe m p l a te_04152014
21
Packet Page -381-
6/23/2015 11. F.
Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Company shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Company shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Company waive against each other and the County's separate Companies,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Company and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Companies, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Company to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Company under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Company has any self- insured retentions or deductibles under
any of the below listed minimum required coverage, Company must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be Company's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Company and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Company. The Company shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Company
from its insurer and nothing contained herein shall relieve Company of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Company
14 -6307
RFP_Non_CCNATemp1ate_04152014
22
Packet Page -382-
6/23/2015 1 1.F.
hereunder, Company shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Company not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Company for such coverage(s) purchased. If Company fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right to
offset these costs from any amount due Company under this Agreement or any other agreement
between the County and Company. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Company shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Company to provide the County with such renewal certificate(s) shall be considered justification
for the County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful company extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful company.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 80% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Company's facilities /project site
during and after each work assignment the Company is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Company shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and /or service agreements or other documents provided by the Company.
7. Payment Method
Packet Page -383-
14 -6307
R F P_N o n_C C NATe m p l a te_04152014
23
6/23/2015 11. F.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Companies and Sub Companies 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. Companies and Sub
Companies 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. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Company's work operations. This
provision is non - negotiable by any department and /or Company.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
9. Licenses
The Company is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Company to submit the required documentation may be
grounds to deem Company non - responsive. A Company, with an office within Collier County is
also required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
10. Principals /Collusion
By submission of this Proposal the undersigned, as Company, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
14 -6307
RFP_Non_CCNATemp1ate_04152014
25
Packet Page -385-
6/23/2015 11. F.
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Company shall be legally considered an independent
Company, and that neither the Company nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Company, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, company, or corporation.
12. Termination
Should the Company be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately 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.
13. Lobbying
All companies are hereby placed on NOTICE that the Board of County Commissioners does not wish
to be lobbied, either individually or collectively about a project for which a company has submitted a
Proposal.
Companies and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal
closing to final Board approval, no company or their agent shall contact any other employee of
Collier County in reference to this Proposal, with the exception of the Procurement Director or his
designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of
this contract to the company.
14. Public Records Compliance
The Company /Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, companies must be registered with the Florida Department of
State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.htmi) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Companies who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
company cannot provide the document within the referenced timeframe, the County reserves the
right to award to another company.
16. Single Proposal
Each Company must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
14 -6307
RFP_Non_CCNATemp1ate_04152014
26
Packet Page -386-
6/23/2015 11.F.
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other company submitting under the same RFP. If a legal entity is not submitting as
a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other company or companies submitting under the same RFP. All submittals in
violation of this requirement will be deemed non - responsive and rejected from further consideration.
17. Survivability
Work Orders: The Contractor agrees that any Work Order that extends beyond the expiration date
of Solicitation 14 -6307 will survive and remain subject to the terms and conditions of that Agreement
until the completion or termination of this Work Order.
18. Protest Procedures
Any prospective company / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current purchasing ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted company list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
company list.
20. Security and Background Checks
If required, Company / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing 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.
14 -6307
RF P_Non_CC NATem p late_04152014
27
Packet Page -387-
6/23/2015 115.
21. Conflict of Interest
Company shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a company from consideration. These disclosures are
intended to identify and or preclude conflict of interest situations during contract selection and
execution.
22. 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, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, company, and /or any employee of the company from contact with County staff for a
specified period of time; b. Prohibition by the individual and /or company 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 company for
cause.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Companies / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the company's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Companies are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder /Company does not comply with providing both the acceptable E- Verify evidence and
the executed affidavit the bidder's / company's proposal may be deemed non - responsive.
Additionally, Companies shall require all subcontracted Companies to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the company's responsibility to
familiarize themselves with all rules and regulations governing this program.
14 -6307
RFP_Non_CCNATemptate_04152014
28
Packet Page -388-
6/23/2015 11.F.
Company acknowledges, and without exception or stipulation, any company(s) receiving an award
shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded company(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Companies for being a local business by granting a ten (10) points incentive in the evaluation
criterion points.
Local business means the company has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the company's staff operates and performs business in an
area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a
non - permanent structure such as a construction trailer, storage shed, or other non - permanent
structure shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a company shall not be considered a "local business" unless it contributes to the economic
development and well -being of Collier County in a verifiable and measurable way. This may include,
but not be limited to, the retention and expansion of employment opportunities, support and increase
to the County's tax base, and residency of employees and principals of the business within Collier
County. Companies shall afcompany in writing their compliance with the foregoing at the time of
submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A company who misrepresents the Local Preference status of its company in a proposal or
bid submitted to the County will lose the privilege to claim Local Preference status for a period of up
to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
add their company /state and provide documentation as set forth in the solicitation in support of
their status as a local business. Any proposer who fails to submit sufficient documentation with their
proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exempt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local preference section.
The company must complete and submit with their proposal response the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation.
Failure on the part of a company to submit this Affidavit with their proposal response will
preclude said Company from being considered for local preference under this solicitation.
14 -6307
RFP_Non_CCNATemp1ate_04152014
29
Packet Page -389-
6/23/2015 11.F.
A company who misrepresents the Local Preference status of its company in a proposal or bid
submitted to the County will lose the privilege to claim Local Preference status for a period of up to
one year.
Packet Page -390-
14 -6307
RFP_Non_CCNATemplate_04152014
30
6/23/2015 1 1.F.
Adl I UNau d`uve Lei v'ices Division
ITur^„ ha sing
Attachment 1: Company's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Companies not wishing to respond to this solicitation. If your company is not responding to this RFP,
please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax,
noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 14 -6307 General Contractor Services for the following
reason(s):
❑ Services requested not available through our company.
❑ Our company could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Company:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
14 -6307
RFP_Non_CC NATem plate_04152014
31
Packet Page -391-
6/23/2015 11.F.
C o Mr Covint„v
Adrnanistra ve Services al-vision
Purchasing
Attachment 2: Company Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Company should check off each of the following items as
the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Rhonda Cummings, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation 14 -6307 General Contractor
Services and October 27, 2014.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Company:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -392-
Date
14 -6307
R F P_N o n_C C N ATe m p l ate_04152014
W
6/23/2015 11. F.
C;Oyie�-r g4nty
rtdiiiini3iau'vc vcrr't'„ca ✓ Jlsion
Purcha. in0
Attachment 3: Conflict of Interest Affidavit
By the signature below, the company (employees, officers and /or agents) certifies, and hereby discloses,
that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently
planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the
proposed work; and bear on whether the company (employees, officers and /or agents) has a possible
conflict have been fully disclosed.
Additionally, the company (employees, officers and /or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and /or project duration.
Company:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this
20
by
identification
Notary Public
My Commission Expires
day of
, who is personally known to me to be the
for the Company, OR who produced the following
Packet Page -393-
14 -6307
Rr P_Non_CCNATem plate_04152014
33
6/23/2015 11. F.
riniri �ra4 -e Services 3✓ iSi iii
r ,rchasinp
Attachment 4: Company Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 14 -6307 General Contractor Services
Dear Commissioners:
The undersigned, as Company declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud.
The Company agrees, if this proposal is accepted, to execute a Collier County document for the purpose
of establishing a formal contractual relationship between the company and Collier County, for the
performance of all requirements to which the proposal pertains. The Company states that the proposal is
based upon the proposal documents listed by Solicitation: 14 -6307 General Contractor Service.
(Proposal Continued on Next Page)
14 -6307
RFP_Non_CCNATemplate_04152014
34
Packet Page -394-
6/23/2015 11. F.
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20
in the County of in the State of
Company's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Send payments to:
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title
Address:
City, State, ZIP
Telephone:
Additional Contact Information
Company name used as payee
Email
Packet Page -395-
14 -6307
RF P_Non_CCNATemplate_04152014
35
6/23/2015 1 1. F.
coley colltnty
, tdrnniwzrawe Sefvoes Dvlson
P,,rchaanq
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 14 -6307 General Contractor Services (Check Appropriate Boxes Below)
State of Florida (Select County if Company is described as a Local Business
❑ Collier County
❑ Lee County
Company afcompanies that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the company has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the company's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a company shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Companies shall afcompany in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business"
under this section. A company who misrepresents the Local Preference status of its company in a proposal
or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to
one year.
Company must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, company will be required to provide documentation substantiating the information given
in this affidavit. Failure to do so will result in company's submission being deemed not applicable.
Company Name:
Collier or Lee County Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
.20
14 -6307
RFP_Non_CCNATemp1ate_04152014
36
Packet Page -396-
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Packet Page -397-
6/23/2015 11. F.
14 -6307
RFP_Non_CCNATemplate_04152014
37
6/23/2015 11.F.
C-ca eY county
Abrrvniwawe Services Division
?o ^ha5tflg
Attachment 6: Immigration Affidavit Certification
Solicitation:14 -6307 General Contractor Services
This Affidavit is required and should be signed, notarized by an authorized principal of the company and submitted
with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Companies / Bidders
are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the company's /bidder's proposal. Acceptable evidence consists of a copy of
the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify
Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable
evidence of enrollment in the E- Verify program, may deem the Company / Bidder's proposal as non-
responsive.
Collier County will not intentionally award County contracts to any company who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any company of unauthorized aliens a violation of Section 274A
(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the
INA shall be grounds for unilateral termination of the contract by Collier County.
Company attests that they are fully compliant with all applicable immigration laws (specifically to the 1986
Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Company's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
(Type of Identification and Number)
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
14 -6307
RFP_Non_CCNATem plate_04152014
38
Packet Page -398-
6/23/2015 11. F.
C;OILr ur�Lv
AdrniniV.aiive Services Division
Purd iasirny
Attachment 7: Company Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone
Order Information
Address
City State
FAX
Email
FAX
Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Companies who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
14 -6307
RF P_Non_CCNATemplate_04152014
39
Packet Page -399-
6/23/2015 1 1.F.
i 'rrunistrative Services Division
Pur,..hasing
Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor /Company /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor /Company /Consultant or
anyone employed or utilized by the Contractor /Company /Consultant in the
performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole
negligence of Collier County.
4. F� Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non -owned /Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft
noted:
Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
Packet Page -400-
6/23/2015 11. F.
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Company shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Company shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier
MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific
Project description, or must read: For any and all work performed on behalf of Collier County.
11. ❑ Thirty (30) Days Cancellation Notice required.
Company's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Company Date
Company Signature
Print Name
Insurance Agency
Agent Name Telephone Number
14 -6307
UP_Non_CCNATemplate_04152014
41
Packet Page -401-
6/23/2015 11.F.
C f101r county
Hdrntnisva ve Servioes division
P.rchasinrg
Attachment 9: Reference Questionnaire
Solicitation: 14 -6307 General Contractor Services
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on companies and their key personnel to be
used in the selection of companies to perform this project. The Name of the Company listed in the Subject above has
listed you as a client for which they have previously performed work. Please complete the survey. Please rate each
criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would
hire the company /individual again) and 1 representing that you were very unsatisfied (and would never hire the
company /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it
blank and the item or form will be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
Packet Page -402 -
LIZZ
14 -6307
RFP_Non_CCNATem plate_04152014
42
6/23/2015 11.F.
AGREEMENT146307
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 fifty thousand dollars ($50.000) or less:
• The Owner shall provide a Summary of Work to one (1), or, more of the awarded
firms;
• The Contractor(s) shall respond with the information sought within seven (7)
working days;
• The Owner may negotiate project terms and conditions;
• The Owner will issue a numbered Work Order; and
• In each Summary of Work, the Owner reserves the right to specify: the period c
completion; and whether time and materials or lump sum.
Packet Page -403-
GQ'
6/23/2015 11. F.
For projects with a value of more than fifty thousand dollars ($50000) up to two hundred
thousand and fifty dollars ($250,000):
Ther n�� e�n�lnl# n,.,+n #i^MS fr- all of tfle Gi�Y nr.4 firr"cn. in eucii Rerl IGC�
I Ile vvvnel Shall 0vll..It Muvuau I I I I Vm �t� -���
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 and in accordance to Exhibit H, "Rate Schedule" attached hereto.
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:
Page -2-
Packet Page -404-
6/23/2015 11. F.
Compass Construction, Inc.
824 Lafayette Street
Cape Coral, FL 33904
Phone: 239-542-711 1108; Fax: 239 - 542 -8648
Attn: Doug Oliver
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 Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
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.
Page -3-
cA
Packet Page -405-
6/23/2015 11. F.
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
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,
Page -4-
Packet Page -406- CA
6/23/2015 11. F.
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 LO Nina, judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. 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.
Page -5- ca
Packet Page -407-
6/23/201 5 1 1. F.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
16. CONTIRAC I T I1VIC AND T IfiilG Ell l ENSIONO.
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 ITEMSISERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
Page -6- cA
Packet Page -408-
6/23/2015 11. F.
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
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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.
Page -7-
Packet Page - 409 - l�
6/23/2015 11. F.
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 Linder the Contract Documents shall be new unles vU lul vv1Se
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
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.
Page -8-
Packet Page -410-
G�'
6/23/2015 11.F.
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 'toss. Contractor shall give a the owner written notice within fvftty -eiyhlL (48) hours -after ,he
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.
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 therefore.
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.
Page -9 -�,
Packet Page -411-
6/23/2015 111.
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 Courier icemen it 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.
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
Page -10-
Packet Page -412- CNo
6/23/2015 11.F.
bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual
and /or firm for cause.
33. SUBiEC T TO APP- ROPPRIA T ION. 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
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
Page -11-
Packet Page -413- CA
6/23/2015 11. F.
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.
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
Page -12-
Packet Page -414-
6/23/2015 11. F.
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
0
Dated
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tim Nance, Chairman
Compass Construction, Inc.
Contractor
By:
Signature
Print Name and Title
Page -13-
Packet Page -415-
�J
EXHIBIT A
PUBLIC PAYMENT BOND
6/23/2015 11.F.
Bond
ovi iu N v.
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 , 20r, 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
,;onnected 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.
Page -14 -��
Packet Page -416-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
6/23/2015 11.F.
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:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
W
Page -15-
Packet Page -417-
STATE OF _
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
6/23/2015 11. F.
The foregoing instrument was acknowledged before me this day of
2u 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.:
c
J
Page -16-
Packet Page -418-
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
6/23/2015 11.F.
Bond vo.
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.
Page -17-
Packet Page - 419 -
6/23/2015 11. F.
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
, 24 , 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 :
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this
20 , by , as
a corporation,
corporation. He /She is personally known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -420-
day of
of
on behalf of the
as
QF";�
6/23/2015 11. F.
ATTEST:
SURETY:
(r^rinted Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
6
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.:
Page -19- �� }
Packet Page -421-
6/23/2015 11. F.
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
T ATE 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
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
[Corporate Seal]
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.:
Page -20- ,
Packet Page -422-
6/23/2015 11. F.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(L^,GuiiLy PrVJeit iJianaCJcr) RFP %vG. 14�vii7
(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:
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru [insert date] $
Retainage @ T% after [insert date] $ _
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Project Name)
Original Contract Price:
$
Total Change Orders to Date
$
Revised Contract Amount
$
Total value of Work Completed
and stored to Date
$
Less Retainage
$
Total Earned Less Retainage
$
Less previous payment (s)
$
AMOUNT DUE THIS
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)
Page -21-
Packet Page -423-
EXHIBIT D
CHANGE ORDER
..ontract #: Change #: Purchase Order #:
Contractor /Firm Name: Project Name:
Project Manager Name :1- Department:
6/23/201 5 1 1.F.
Project #:
O
Original BCC Approval Date; Agenda Item # `.
Dollar Amount of this Change #
#DIV /0! T
Total Change from Original Amount
_
Completion Dates Descr ption of the Tasks) Change; grid Raiionale for the Change";,
Notice to Proceed Original Last Approved Revised Date LJ
Date Completion Date Date (Includes this change)
# of Days Added Select Tasks ❑Add new tasks) ❑Delete task(s) (] Change task(s) ❑ Other (see t*ow>
Provide a response to the following: 1.) detailed and specific explanation /rationale of the requested change(s) to the task(s)
and 1 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 andlor 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 f 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 1 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 1 Consultant / Design Professional and Name of Firm, K project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page -22-
Packet Page -424- �'
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT E
CERTiFiVATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
6/23/2015 11. F.
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.
Page -23-
Packet Page -425-
6/23/2015 11. F.
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
Page -24-
Packet Page -426-
6/23/2015 11. F.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
DESIGN PROFESSIONAL'S Project No.
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
Page -25-
Packet Page -427-
i
The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on
Design Professional
Type Name and Title
rM
6/23/2015 11.F.
CONTRACTOR accepts this Certificate of Final Completion on , 20_
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
OWNER
By:
Type Name and Title
Page -26-
Packet Page -428-
, 20_
I.
6/23/2015 11. F.
EXHIBIT G
`v ""%Riga NT "I'
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
Statu es, Chapter 95, at seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -27- fir'
Packet Page -429-
6/23/2015 11.F.
EXHIBIT H
RATE SCHEDULE
Persarrnel
*These labor rates include all labor, labor burden, taxes and insurance and are applicable to any
projects associated with this contract.
Mark -up on Materials
Mark -up on Subcontractors
Page -28-
Packet Page -430-
10%
5%
c�.
H
Project Manager
$75.00
Superintendent
$65.00
Project Administrator
$50.00
*These labor rates include all labor, labor burden, taxes and insurance and are applicable to any
projects associated with this contract.
Mark -up on Materials
Mark -up on Subcontractors
Page -28-
Packet Page -430-
10%
5%
c�.
6/23/2015 11. F.
A G R E E M E N T 14-6307
Fair
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 fifty thousand dollars 050.0001 or less:
• The Owner shall provide a Summary of Work to one (1), or, more of the awarded
firms;
• The Contractor(s) shall respond with the information sought within seven (7)
working days;
• The Owner may negotiate project terms and conditions;
• The Owner will issue a numbered Work Order; and
• In each Summary of Work, the Owner reserves the right to specify: the period c
completion; and whether time and materials or lump sum.
Packet Page -431 -
GP
6/23/2015 11.F.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred thousand and
fifty dollars ($250,000):
• The Owner shall soiicit 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. TFE 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 and in accordance to Exhibit H, "Rate Schedule" attached hereto.
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTE. 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:
Page -2-
Packet Page -432-
6/23/2015 11. F.
Bradanna Inc.
125 Airport Rd North, Suite 200
Naples, R_ 34104
Fhone: 239455-8$91; Fax: 239.417 -1161
Attn: Joe Steinmann
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:
CollierCounty Government Complex
Procurement Services Division
3327 EaastTamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, ProcurernentSeMms Division
Phone: 239 -252 -8407
Fax: 239- 252 -WO
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: TAB. 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.
�.
Page -3- _
Packet Page -433-
6/23/201 5 1 1. F.
8. TISMINAT]ON. 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
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex,
color, creed or national origin.
10. (NSURANCE. 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,
Page -4- (C -1 �1
Packet Page -434-
6/23/2015 11. F.
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.
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. PAYNEMM. 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, PAYNENiS VM1J E-D. 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.
Page -5- `r�
Packet Page -435-
6/23/2015 11. F.
15. SIBMrTTALS AND SU3STITUTIONS. Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
16. ( DN—I RAC I TIME AND TIME Iii I EICbIONS.
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. CRANGES IN TF E WOFK Owner shall have the right at anytime 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. AMMONAL fIEMSJSSWM. Additional items and /or services may be added to this contract in
accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COLFUANCE WITH L AVVS. Contractor agrees to comply, at its own expense, with all federal,
Page -6- 9
Packet Page -436-
6/23/2015 11. F.
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
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119,
including specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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 OFPR]VCE. 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 Contractors Proposal, and /or the
County's Board approved Executive Summary; the Contract Documents shall take
precedence.
Page -7-
Packet Page -437-
6/23/2015 11.F.
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
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: PRGECT MANAGE SUPISWIS . EMPLa1f1$. 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 INSIMMNS. 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.
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.
Page -8-
Packet Page -438-
6/23/2015 11. F.
27. ENERGENCE'S. 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 i
;-,k, eight (48) hours after t1 he
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.
28. CONFLEf10N. 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 therefore.
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.
Page -9-
Packet Page -439- ��O
6/23/2015 1 1. F.
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.
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. OONTRACTADMINISTRATiON. This Agreement shall be administered on behalf of the County by
the Facilities Management Department.
31, CONPOW T 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. PROHBMN OFGPi5M 0UNTYEMPLOfEES. 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
Page -10-
Packet Page -440-
6/23/2015 11. F.
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. S11113CI TO APPROPRIAT)ON. 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. SNM 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. IMMIGRATONLAWCOMPLIANCE. By executing and entering into this agreement, the Contractor
is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at
8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
36. VENIE. 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. OFEREKENDEDTO OTHER GONUIMENTALENTMES. 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. AGR ENENT TERARS. 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. CITY. 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 FESOLUTION. 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
Page -11-
Packet Page -441-
6/23/2015 11. F.
submit to Mediation as required hereunder, the other party may obtain a court order requiring
Mediation under section 44.102, Fla. Stat.
A ._ 1 L.. either 1_ 1 Agreement l other ...1.. a' +... L..
Any suit or action brought ay either party to this against the other party aerating 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. STY. 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.
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
Page -12-
Packet Page -442-
6/23/2015 11.F.
IN WIT[fSS W-ERECF, 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:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
By:
Tim Nance, Chairman
Bradanna Inc.
Contractor
By:
Signature
Print Name and Title
Page -13-
Packet Page -443-
iI,
6/23/2015 11. F.
Ro- nrd 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
, 2G , the name of under - signed representative, pursuant to authority of its governing
body.
i�
Page -14-
Packet Page -444-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL:
By:
Name:
Its:
6/23/2015 11. F.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20
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:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of.
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -15-
Packet Page -445-
by_
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
6/23/201 5 1 1.F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
Packet Page -446-
6/23/2015 11.F.
bond 114
Contract No. 14 -6367
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,
executors, personal representatives, successors and assigns, jointly and severally.
our heirs,
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.
r
Page -17-
Packet Page -447-
6/23/2015 11. F.
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 :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -448-
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of,
Commission No.:
Page -19- t ��
Packet Page -449-
6/23/2015 11. F.
E KHBIT B
F ELEA'S'EAND AFFIDAVIT FORM
COUNTY OF COLLIER
CTATE (1F 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
Witnesses
STATE OF _
COUNTY OF
The foregoing instrument
the corporation
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
He /she
ITS:
DATE:
President
[Corporate Seal]
was acknowledged before me this day of
20 by , as
a corporation, on behalf of
is personally known to me or has produced
as identification and did (did not) take an oath.
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.: 1
Page -20- _
Packet Page -450-
6/23/2015 11. F.
•- • .• - . . -•• . ,
(r o my Project NAa gager)
vv�i�i. �v ev��r� ii ��
RFD No 14 -6307
�v v
(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)
Page -21-
Packet Page -451-
Contract #: Change #: Purchase Order #:
Contractor /Firm Name: ^� Project Name:
Project Manager Name: Department:
6/23/2015 11.F.
Project #:
Original Contract(Work Order Amount
_.
i{, l l (; ai : ; x � '
Original BCC Approval Date; Agenda Item #;
Current BCC Approved Amount
Last BCC Approval Date; Agenda item #
Current Contract/Work Order Amount
5
SAP Contract E )piration Date (Master)
Dollar Amount of this Change
#DIV /Of
Total Change from Original Amount
Revised ContracVWork Order Total
1 $ 0.001
#DIV /01
Change from Current BCC Approved Amount
Cumulative Changes
$ 0.001
#DIV /0!
Change from Current Amount
- Completion Date, Description of the Taskts)hange,,arid Rationale for the Change
Notice to Proceed Original -1 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 isee ,i
Provide a response to the following: 1.) detailed and specific explanationfrationale 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 1 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
Page -22-
Packet Page -452-
OWNER'S Project No.
PROJECT:
EXHBIT E
CERTFICAIE OFSLBS`ANTL4LCOMPLETION
ENGINEER'S Project No.
6/23/2015 11. F.
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:
si• • •• •
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.
Page -23-
Packet Page -453-
6/23/2015 11.F.
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
Page -24- r
Packet Page -454-
6/23/2015 11. F.
E*iBIT F
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
DESIGN PROFESSIONAL'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
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:
Page -25-
Packet Page -455-
6/23/2015 11. F.
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 , 26._.
OWNER
By:
Type Name and Title
Page -26-
Packet Page -456-
6/23/2015 11. F.
N'T
. ►111
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:
Page -27-
Packet Page -457-
6/23/2015 11. F.
KA �.
fir o
.. ._. i
f
' 7 -
�1 Hr_
Superintendent
$55.00
Semi - Skilled Labor
$35.00
Skilled Labor
$45.00
Carpenter
$55.00
Heavy E ui ment Operator
$30.00
Plumber
$85.00
HVAC Technician
$85.00
Electrical Technician
$85.00
Mark -up on Materials 10%
Mark -up on Subcontractors 5%
Page -28-
Packet Page -458-
6/23/2015 11. F.
A G R E E M E N T 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 fifty thousand dollars ($50.000) or less:
• The Owner shall provide a Summary of Work to one (1), or, more of the awarded
firms;
• The Contractor(s) shall respond with the information sought within seven (7)
working days;
• The Owner may negotiate project terms and conditions;
• The Owner will issue a numbered Work Order; and
• In each Summary of Work, the Owner reserves the right to specify: the period c
completion; and whether time and materials or lump sum.
Packet Page -459- ��
6/23/2015 11. F.
For projects with a value of more than fifty thousand dollars ($50,000) 92 to two hundred
thousand and fifty dollars ($250.000):
• 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 and in accordance to Exhibit H, "Rate Schedule" attached hereto.
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:
Page -2-
Packet Page -460-
6/23/2015 11. F.
PBS Contractors, LLC
4395 Corporate Square
Naples, FL 34104
Phone: 239- 643 -6527: Fax: 239 - 643 -4393
Attn: Kimberly Ortegon
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 Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
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.
Page -3-
Packet Page -461-
6/23/2015 11. F.
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
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,
Page -4-
Packet Page -462-
6/23/2015 11. F.
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.
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.
Paqe -5-
Packet Page -463-
6/23/2015 11. F.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND THE 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.
Page -6-
Packet Page -464-
9)
6/23/2015 11.F.
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 (innl %dil— a� , hrut nwot I,iMi+ ,.A to, t hw p TrCi1n1 afe v�
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public .agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. Ali records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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.
Page -7-
Packet Page -465- J
6/23/2015 11. F.
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
GIIIU CtjlilplllClll tUIIIIbheU 1.111UC) the l.+Vlllldl.l LJVt+UlI1G11W shall be Ilevv, unless ut IeIYVIJG
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
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.
Page -8- rJ
Packet Page -466-
6/23/2015 11. F.
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 foss. 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.
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 therefore.
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 ail 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.
Page -9-
Packet Page -467-
6/23/2015 11. F
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. ivy vvorK 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.
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, andlor 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
Page -10- ' L,
Packet Page -468-
6/23/2015 11. F.
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
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
Page -11-
Packet Page -469-
6/23/2015 11. F.
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.
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
Page -12-
Packet Page -470-
6/23/2015 11. F.
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)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
PBS Contractors, LLC
Contractor
By:
Signature
Print Name and Title
Page -13- Jf -�
Packet Page -471-
EXHIBIT A
PUBLIC PAYMENT BOND
6/23/2015 11. F
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
drawings and specifications,
is referred to as the Contract
in accordance w1th
which contract is incorporated by reference and made a part hereof, and
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 goveming
body.
Page -14-
Packet Page -472-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL:
By: _
Name:
Its:
i
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of,
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -15-
Packet Page -473- -
As Attorney in Fact
(Attach Power of Attomey)
Nitnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
Packet Page -474-
1
6/23/2015 11. F.
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
aond 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,
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
our heirs,
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.
Page -17- �)
Packet Page -475-
6/23/2015 11. F.
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:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this
20 , by , as
a corporation,
corporation. He /She is personally known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -476-
day of
of
on behalf of the
as
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
6/23/201 5 1 1. F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -19-
Packet Page -477-
6/23/2015 11. F.
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
3 T ATE 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
:YA
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by I 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.:
Page -20-
Packet Page -478 -
6/23/2015 11. F.
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)
Page -21-
Packet Page -479-
EXHIBIT D
CHANGE ORDER
: ontract #: Change #: Purchase Order #:
ContractorlFirm Name: Project Name
Project Manager Name: Department:
6/23/2015 11. F.
Project M
Original ContractfWork Order Amount
'; ` �„ I;`
�" l Vii`
Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
Last BCC Approval Date, Agenda Item #
___....,
Current ContractlWork Order Amount
Date (Master)
Dollar Amount of this Change
� � _, n�..
#DIV /0f
.Total Change from Ori inal Amount
9
_ _ _ .... _ .....
Revised Contract/Work Order Total
$ 0.00
#DIV 10t
., _
Change from Current BCC Approved Amount
Cumulative Changes
I $ 0.0011
#DIV /01
Change from Current Amount
Completion Date; Description of the Tasks} Ghange; enii Ratiar+ale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (includes this change)
# of Days Added i I 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 explanationlrationale of the requested change(s) to the task(s)
and 1 or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
rlPscrihe the imoact 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 1 work order identified above and will be subject to all the same terms and
conditions as contained in the contract 1 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 l Vendor / Consultant l 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
Page -22-
Packet Page -480-
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT E
CERTIFOCATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
6/23/2015 11. F.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
UVVNEK
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.
Page -23-
Packet Page -481-
6/23/2015 11. F.
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
Design Professional
M
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
120—
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
1 20__
OWNER
Type Name and Title
Page -24 -'
Packet Page -482-
6/23/2015 11. F.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
DESIGN PROFESSIONAL'S Project No.
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
Page -25-
Packet Page -483-
6/23/2015 11. F.
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
Page -26-
Packet Page -484-
11�9)
6/23/2015 11. F.
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
St2tutes, Chapter a5, et se;.
DATE:
CONTRACTOR
BY:
Attest:
Page -27-
Packet Page -485-
6/23/2015 11.F.
EXHIBIT H
RATE SCHEDULE
t�ers�rnnetP
9�
I
Executive Office:
$150
Chairman, Principal
Project Management & Estimating:
President
$135
Project Manager
$115
Assistant Project Manager
$75
Accounting:
Senior Accountant
$100
Accountant
$75
Secretarial Assistant
$40
Field Support:
Superintendent
$90
Assistant Superintendent
$75
*Mileage
$0.445 per mile
*Miscellaneous Travel Expenses
100% of cost
Subcontractor Fully Burdened Labor Rates:
Laborer
$35
Carpenter
$80
Metal Framing & Drywall Foreman
$86
Metal Framer, Drywall Installer & Finisher
$68
Firestop Specialist
$132
Electrician - Helper
$66
Electrician -Lead Man
$86
Plumbing - Helper
$70
,Plumbing -Lead Man
$90
IHVAC- Helper
$65
HVAC -Lead Man
$85
* Travel Expenses must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla, Stats. Any trips within Collier and Lee Counties are expressly
excluded.
Mark -up for Materials
Mark -up for Subcontractors
Page -28-
Packet Page -486-
10%
5% 1
6/23/2015 11.F.
A G R E E M E N T 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:
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 fifty thousand dollars !$50,000! or less:
• The Owner shall provide a Summary of Work to one (1), or, more of the awarded
firms;
• The Contractor(s) shall respond with the information sought within seven (7)
working days;
• The Owner may negotiate project terms and conditions;
• The Owner will issue a numbered Work Order, and
• In each Summary of Work, the Owner reserves the right to specify: the period o
completion; and whether time and materials or lump sum.
Packet Page -487-
6/23/2015 11. F.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
• 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 and in accordance to Exhibit H, "Rate Schedule" attached hereto.
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:
Page -2 -1
Packet Page -488-
6/23/2015 11. F.
Surety Construction Company
28441 S. Tamiami Trail, Suite 109
Bonita Springs, FL 34134
Phone: 239-992 -6030; Fax: 239.9-92.7,977
Attn: Terry Kelly
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 Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
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 Ay-ree� i gent 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.
Page -3-
Packet Page -489-
6/23/2015 11. F.
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
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,
Page -4-
Packet Page -490- V
6/23/2015 11. F.
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.
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.
Page -5- r�
Packet Page -491 -
l
6/23/2015 11. F.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
i U 1 %,0 i T R'h` CT 1 IME AND TIME EATENSI ----
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 ITEMSISERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
Page -6-
Packet Page -492-
6/23/2015 11. F.
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, pensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at ro cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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.
Page -7- ='
Packet Page -493-
6/23/2015 11.F.
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
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 WORD.
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.
Page -8- (�
Packet Page -494-
6/23/2015 11. F.
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.
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 therefore.
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.
Page -9-
Packet Page -495- c,�a
6/23/2015 11. F.
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 WWork shall be performed a. 1 Protect 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.
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
Page -10-
Packet Page -496-
6/23/2015 11. F.
bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual
and /or firm for cause.
33. SlJl�ajE`i 1 TO APf' ROPR {AT{ON. 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
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
Page -11-
Packet Page -497-
6/23/2015 11. F.
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.
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
Page -12-
Packet Page -498-
6/23/2015 11. F.
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
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
Print Name and Title
Page -13-
Packet Page -499-
lei
EXHIBIT A
PUBLIC PAYMENT BOND
6/23/2015 11. F.
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
which contract is incorporated by reference and made a part hereof, and
drawings and specifications,
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.
Page -14- -%
Packet Page -500-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL:
By: _
Name:
Its:
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -15-
k
Packet Page -501- v
Nitnesses
STATE OF _
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
Packet Page -502-
6/23/2015 11. F.
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,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20 , with Oblige for
day of
our heirs,
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.
Page -17- �.
Packet Page -503- �'
6/23/2015 11.F.
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 Viable 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 :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this
20 , by , as
a corporation,
corporation. He /She is personally known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
7LON M
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -504-
day of
of
on behalf of the
as
6/23/2015 11. F.
ATTEST:
SURETY:
(Printed "Jame)
(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.:
Page -19- (!`
Packet Page -505-
6/23/2015 11. F.
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
J I A T E OF FLORID )
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
ITS:
[ilia"
Witnesses
STATE OF _
COUNTY OF
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
20 by I as
the corporation
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of , a corporation, on behalf of
He /she is personally known to me or has produced
as identification and did (did not) take an oath.
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
Page -20-
c. �
Packet Page -506- ��J
6/23/2015 11. F.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project "Aanager)
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)
Page -21-
Packet Page -507-
l ` JJ
EXHIBIT D
CHANGE ORDER
.ontract #: Change #: Purchase Order #:
Contractor /Firm Name: Project Name:
Project Manager Name: Department:
6/23/2015 11. F.
Project #:
Original Contract/Work Order Amount ,Ii,01 Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount
Last BCC Approval Date; Agenda Item #
Current Contract/V1/ork Order Amount �iJ!ril lli�lil� =
SAP Contract Expiration Date (Master)
_.... W. _
Dollar Amount of this Change ;;�'';''; '.;
#DIV /01
.........
Total Change from Original Amount
Revised ContractlWork Order_ Total $ 0.00
#DIV /0! 11,11,
Change from Current BCC Approved Amount
Cumulative Changes $ 0.00
#DIV /0!
Change from Current Amount
Completion Date ;Desorption of the Task(s) C- hahge, 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 (seeboow)
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 imnact 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 I work order identified above and will be subject to all the same terms and
conditions as contained in the oontract I 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 I Vendor I 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 I Consultant I 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
Page -22-
Packet Page -508-
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
6/23/2015 11. F.
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.
Page -23-
Packet Page -509-
6/23/2015 11. F.
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
Design Professional
Type Name and Title
M
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
By:
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
20`
OWNER
Type Name and Title
Page -24- '
Packet Page -510-
6/23/2015 11.F.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
DESIGN PROFESSIONAL'S Project No.
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
Page -25- \�
Packet Page -511-
6/23/2015 11.F.
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
Page -26-
Packet Page -512-
,O
IL
6/23/2015 11. F.
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:
Page -27- »�
Packet Page -513 -
6/23/2015 11. F.
EXHIBIT H
RATE SCHEDULE
Personnel.
_
H+ourl Rafe ,
Project Manager er
$115.00
Superintendent
$85.00
Administrative Assistant
$60.00
Carpenter.
$65.00
General Labor
1$45.00
Mark -up on Materials 10%
Mark -up on Subcontractors 5%
Page -28-
Packet Page -514-
6/23/2015 11. F.
A G R E E M EN T 14-6307
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of 2015 b and
between the Board of County Commissioners for Collier County Florida, y
a p olitical 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 new 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 fifty thousand dollars 050,000) or less:
• The Owner shall provide a Summary of Work to one (1), or, more of the awarded
firms;
• The Contractor(s) shall respond with the information sought within seven (7)
working days;
• The Owner may negotiate project terms and conditions;
• The Owner will issue a numbered Work Order; and
• In each Summary of Work, the Owner reserves the right to specify: the period of
completion; and whether time and materials or lump sum.
Packet Page -515- G�
6/23/201 5 1 1. F.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
The Owner shall solicit quotations from all of the awarders 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 and in accordance to Exhibit H, "Rate Schedule" attached hereto.
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:
Page -2-
Packet Page -516-
6/23/2015 11. F.
Wright Construction Group, Inc.
5811 Youngquist Road
Fort Myers, FL 33912
Phone: 239 - 481 -5000; Fax: 239 -4000 1-24480
Attn: Fred Edman
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 Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
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.
Page -3-
Packet Page -SIT
6/23/2015 11. F.
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 �ience with
a thirty (30) day written notice. The County shall be sole judge of non - performance
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,
Page -4-
Packet Page -518-
6/23/2015 11. F.
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.
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 ".
144. 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.
Page -5- i �J
Packet Page -519-
6/23/2015 11.F.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from
specifications shall be approved in writing by Owner in advance.
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.
Page -6- J
Packet Page -520-
6/23/2015 11. F.
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 T rench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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.
Page -7-
J
Packet Page -521-
6/23/2015 11. F.
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 Contra,-+, Documents shall be new sunless otherwise
VM Ip V11• furnished IV \ /Vl ll Vl
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
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.
Page -8- ! ��
Packet Page -522- `' J
6/23/2015 11. F.
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 fo y -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.
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 therefore.
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.
Page -9- 1`
Packet Page -523- �-�)
6/23/2015 11. F.
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.
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)NVork 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 111, 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
Page -10-
Packet Page -524-
6/23/2015 11. F.
bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual
and /or firm for cause.
33. SUBJECT TO APP°.OPRIATION. It .s further understood and agreed, by and be±:_ /een 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
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, YVhich 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
Page -11-
J
Packet Page -525- ��J
6/23/2015 111.
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.
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
Page -12-
Packet Page -526- `f
6/23/2015 11. F.
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:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
By:
Tim Nance, Chairman
Wright Construction Group, Inc.
Contractor
By:
Signature
Print Name and Title
Page -13-
Packet Page -527-
EXHIBIT A
PUBLIC PAYMENT BOND
6/23/2015 11. F.
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 fimlly 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
which contract is incorporated by reference and made a part hereof, and
drawings and specifications,
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.
Page -14 -�
Packet Page -S28-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL:
By:
Name:
Its:
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of.
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -15- cam;
Packet Page -529-
Mtnesses
STATE OF _
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
20 , by , as
of Surety, on behalf of Surety
known to me OR has produced as identification
take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
Packet Page -530-
6/23/2015 1 1.F.
He /She is personally
and who did (did not)
1�
13
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
6/23/2015 11. F.
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.
Page -17-
Packet Page -531-
6/23/2015 11. F.
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 :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this
20 , by , as
a corporation,
corporation. He /She is personally known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -532-
day of
of
on behalf of the
as
,C,
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Nlame)
(Business Address)
(Authorized Signature)
(Printed Name)
e
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
6/23/2015 11. F.
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of.
Commission No.:
Page -19-
Packet Page -533-
6/23/2015 11. F.
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER ) MA
JIM1C Ur r t-i UtA
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
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
2Q by , as
the corporation
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of , a corporation, on behalf of
He /she is personally known to me or has produced
as identification and did (did not) take an oath.
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
Page -20- ,� l
1
Packet Page -534-
6/23/2015 11. F.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Managed
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:
(shall be signed by a du
(Contractor's Name)
(Signature) DATE:
(Type Name & Title)
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)
Page -21-
Packet Page -535-
EXHIBIT D
CHANGE ORDER
:ontract #: Change #: Purchase Order #:
Contractor /Firm Name: I Project Name:
Project Manager Name: Department:
6/23/2015 11. F.
Project #:
Original Contract/Work Order Amount _ _' " " -'
'{'' '; "' !i
Original BCC Approval Date, Agenda Item #
Current BCC Approved Amount :x`,L,___
Last BCC Approval Date, Agenda Item #
Current Contract/Work Order Amount
I SAP Contract Expiration Date (Master)
�
Dollar Amount of this Change ihfi ;,Ilk tl':+ .3ls
#DIV /01
Total Change from Original Amount j
Revised Contract/Work Order T_ otal $ 0.00
#DIV 101
Change from Current BCC Approved Amount
Cumulative Changes $ 0.00
#DIV /01
Change from Current Amount
Completion Date,.Description of the Tasks) Chanoi and Rationale far the Change
Notice to Proceed Original Last Approved Revised Date LJ
Date Completion Date Date (Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (bee below)
Provide a response to the following: 1.) detailed and specific explanationirationale of the requested change(s) to the task(s)
and 1 or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the imnact if this change is not processed. Attach additional information from the Design Professional and /or Contractor if needed.
Prepared by:
(Project Manager Name and Department)
Date:
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 t 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:
(Procurement Professional
Date:
Page -22-
Packet Page -536-
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT E
C=MTIGICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
6/23/2015 11. F.
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.
Page -23-
Packet Page -537-
6/23/2015 11. F.
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
Design Professional
Type Name and Title
20
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20
At
OWNER
Type Name and Title
Page -24-
Packet Page -538-
6/23/2015 11.F.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
DESIGN PROFESSIONAL'S Project No.
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
Page-25- c�
Packet Page -539-
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
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
OWNER
By:
Type Name and Title
Page -26-
Packet Page -540-
6/23/2015 11.F.
, 20_
20
6/23/2015 11. F.
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 sen.
DATE:
CONTRACTOR
BY:
Attest:
Page -27-
Packet Page -541-
6/23/2015 115.
EXHIBIT H
RATE SCHEDULE
Mark -up on Materials: 10%
Mark -up on Subcontractors: 5%
Page -28-
Packet Page -542-
dD