Agenda 05/22/2018 Item #11D05/22/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7339 North Collier Regional
Park Artificial Turf Conversion, to Hellas Construction, Inc., for construction of four (4) artificial
turf soccer fields at North Collier Regional Park in the amount of $4,107,031, authorize the
Chairman to execute the attached construction services contract, authorize the necessary Budget
Amendment, and make a finding this expenditure promotes tourism.
OBJECTIVE: To procure professional construction services to convert four (4) of the eight (8) existing
grass soccer fields at North Collier Regional Park to artificial turf fields. The conversion will provide for
greater availability and use of fields for play, minimize maintenance time, and resting time required by
existing natural grass fields, improve field drainage, and provide for more durable fields for play. The
project is based on the Artificial Turf Standardization products (AstroTurf) established by RFI No. 17 -
7163 Standardization - Artificial Turf.
CONSIDERATIONS: On March 29, 2018, the Procurement Services Division issued ITB Solicitation
No. 18-7339 - North Collier Regional Park Artificial Turf Conversion to 1,274 vendors. Thirty-eight (38)
vendors downloaded bid packages and the County received four (4) bids by May 01, 2018. A copy of the
Bid Tabulation and the Notice of Recommended Award is attached for reference.
The Base Bid is for all work required for the conversion of four (4) natural grass fields to artificial turf.
Alternate #1 is the cost for additional fencing & gates indicated on drawing PF-6.01 and PF-6.02.
Alternate #2A is an alternate extending working hours from M-F 7:00 am to 7:00 pm to M-F 7:00
am to 12:00 am and 7:00 am to 7:00 pm Saturday for the purposes of accelerating construction
and completion of the project and in consideration of scheduled tournament play.
Alternate #2B is an alternate extending working hours from M-F 7:00 am to 7:00 pm to M-F 7:00
am to 10:00 pm and 7:00 am to 7:00 pm Saturday - the same hours as the park currently operates
- for the purposes of accelerating construction and completion of the project and in consideration
of scheduled tournament play.
The bid results are summarized as follows:
Bidder Base Bid Alternate
#1
Alternate
#2A
Alternate
#2B
Total - Base Bid
+ Alt #1 + Alt 2A
ProGrass LLC $3,985,494 $47,408 $94,651 $83,281 $4,127,553
Hellas Construction, Inc. $4,072,548 $34,483 $0 $0 $4,107,031
SCG Fields LLC $4,141,655 $44,636 $90,448 $79,498 $4,276,739
Burke Construction Group NO BID
Engineer’s Estimate $4,433,500 $87,600 $N/A $N/A $4,521,100
The Procurement Services Division reviewed all bids received. The ProGrass LLC bid was deemed non -
responsive for failing to provide the required information.
Staff recommends that the contract be awarded to Hellas Construction, Inc., the lowest responsible and
responsive bidder, based on the award of the Base Bid, plus Alternate #1, plus Alternate #2A, for the total
amount of $4,107,031.
FISCAL IMPACT: The existing budget for the four field Artificial Turf Conversion project discussed
herein was approved by the Board in separate actions in FY 17 and FY 18. Funding of $1,980,000 for
11.D
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05/22/2018
two fields was authorized by Board action on 3-28-17, item 11B. Additional funding of $1,980,000 for
two more field conversions was authorized as part of adopting the FY 18 budget on September 28, 2017.
Incurred professional engineering and related services account for $274,700 of the original project budget
leaving a balance of $3,685,300.
The award amount is $4,107,100. As noted, $3,685,300 is available in TDC Capital Fund (758) Artificial
Turf Conversion project 80359. An additional $421,800 will be provided from General Fund reserves for
contingencies (001-919010-991000). A Budget Amendment moving funding from General Fund (001)
reserves to the Artificial Turf Conversion project in TDC Capital Fund (758) is required.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
ADVISORY BOARD RECOMMENDATIONS: The Parks and Recreation Advisory Board (PARAB)
reviewed this project at its regularly scheduled meeting on February 16, 2017 and recommended approval
with a vote of 6-1. The Tourist Development Council approved an initial request approving the
expenditure of $1.8 million dollars, plus a 10% contingency, to convert two natural turf fields to artificial
turf, with a finding that that expenditure promotes tourism, at its regular March 27, 2017 meeting.
Thereafter, the Tourist Development Council approved a further appropriation of funds in the FY18
budget, which included the conversion of two more natural turf fields to artificial turf for an additional
expenditure of $1.8 million dollars, plus a 10% contingency, with a finding that that expenditure
promotes tourism, at its regular July 31, 2017 meeting.
RECOMMENDATION: To Award ITB Solicitation No. 18-7339 North Collier Regional Park Artificial
Turf Conversion to Hellas Construction, Inc., for the construction of North Collier Regional Park
Artificial Turf Conversion (Project No. 80359), in the amount of $4,107,031, authorize the Chairman to
execute the attached contract, authorize the necessary Budget Amendment, and make a finding this
expenditure promotes tourism.
Prepared By: David Berra, Project Manager, Parks and Recreation Division
ATTACHMENT(S)
1. 18-7339 - Bid Tabulation (XLSX)
2. 18-7339 - NORA - Executed (PDF)
3. 18-7339 - ELORA - ABB-FTE - NCRP Turf Bid Rec 5-8-181 (PDF)
4. [linked]18-7339 HellasConst_VendSign_Contract (PDF)
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05/22/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 5480
Item Summary: Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7339
North Collier Regional Park Artificial Turf Conversion, to Hellas Construction, Inc., for construction of
four (4) artificial turf soccer fields at North Collier Regional Park in the amount of $4,107,031, authorize
the Chairman to execute the attached construction services contract, authorize the necessary Budget
Amendment and make a finding this expenditure promotes tourism. (Barry Williams, Parks and
Recreation Division Director)
Meeting Date: 05/22/2018
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
05/10/2018 11:43 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
05/10/2018 11:43 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/16/2018 11:44 AM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 05/16/2018 1:25 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 05/16/2018 1:44 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/16/2018 1:47 PM
Procurement Services Swainson Hall Additional Reviewer Completed 05/16/2018 2:08 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 05/16/2018 2:10 PM
Procurement Services Ted Coyman Additional Reviewer Completed 05/16/2018 2:35 PM
Solid and Hazardous Waste Dayne Atkinson Additional Reviewer Completed 05/16/2018 2:37 PM
Procurement Services MaryJo Brock Additional Reviewer Skipped 05/16/2018 2:38 PM
Public Services Department MaryJo Brock Level 1 Division Reviewer Skipped 05/16/2018 2:38 PM
Public Services Department MaryJo Brock Level 2 Division Administrator Review Skipped 05/16/2018 2:38 PM
County Attorney's Office Scott Teach Additional Reviewer Completed 05/16/2018 3:25 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 05/16/2018 2:22 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/16/2018 3:59 PM
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05/22/2018
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2018 4:08 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/16/2018 4:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM
11.D
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Project No:18-7339 Procurement Strategist Jim Flanagan Notices Issued 1274
Project Title:North Collier Regional Park Artificial Turf Conversion Project Manager David Berra Bid Pkgs Downloaded 38
Date:5/1/2018 Bids Received 4
BID TABULATION
ENGINEER'S
BIDDER:ProGrass LLC Hellas Construction,
Inc
SCG Fields LLC Burke Construction
Group ESTIMATE
(FTE SPORTS)
Base Bid Bid as subcontr 372,400 sf
MOBILIZATION $17,148 $184,934 $9,720 No Bid $16,000 $0.04 /sf
REMOVAL OF EXISTING IRRIGATION SYSTEM $6,316 $8,381 $5,017 $0 $10,000 $0.03 /sf
SITE PREP EXCAVATION & GRADING $302,599 $355,080 $239,192 $0 $272,000 $0.73 /sf
DRAINAGE SYSTEM $516,332 $391,891 $410,163 $0 $500,000 $1.34 /sf
IRRIGATION/WATER SYSTEM $172,777 $156,382 $137,250 $0 $160,000 $0.43 /sf
DRAINAGE LAYER & FINISH LAYER $567,625 $612,472 $450,604 $0 $660,000 $1.77 /sf
SHOCK PAD $492,213 $515,242 $446,880 $0 $588,500 $1.58 /sf
SYNTHETIC TURF - MATERIAL, DELIVERED $1,433,096 $1,496,602 $1,932,756 $0 $1,729,000 $4.64 /sf
SYNTHETIC TURF - INSTALLATION $381,670 $257,149 $413,364 $0 $400,000 $1.07 /sf
MAINTENANCE EQUIPMENT $15,718 $14,415 $16,709 $0 $18,000 $0.05 /sf
OWNER'S ALLOWANCE $80,000 $80,000 $80,000 $0 $80,000 $0.21 /sf
Base Bid:$3,985,494 $4,072,548 $4,141,655 $0 $4,433,500 $11.91 /sf
ALTERNATES:
Alternate #1 ADD FENCING AND GATES INDICATED ON DRAWINGS PF-6.01 and PF-6.02
Total Alternate #1 $47,408 $34,483 $44,636 $0 $87,600
Alternate #2A WORK HOURS 7:00 am to 12:00 am midnight, M-F, Sat 7:00 am to 7:00 pm
Total Alternate #2A $94,651 $0 $90,448 $0
Alternate #2B WORK HOURS 7:00 am to 10:00 pm, M-F, Sat 7:00 am to 7:00 pm
Total Alternate #2B $83,281 $0 $79,498 $0
DETAILED SCHEDULE ATTACHED
Completed Bid Schedule Y Y Y
Completed Bid Forms: (Solicitation pages 3-13)
Bid Response Form (Form 1)Y part Y
Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)Y Y Y
Material Manufacturers (Form 3)Y Y Y
List of Major Subcontractors (Form 4)Y Y Y
Statement of Experience of Bidder (Form 5)Y Y (no FL sites)Y
Trench Safety Act Acknowledgement (Form 6)irregularity Y Y
Bid Bond (Form 7)Y Y Y
Insurance and Bonding Requirements (Form 8)Y Y Y
Conflict of Interest Affidavit (Form 9)Y Y Y
Vendor Declaration Statement (Form 10)irregularity Y Y
Immigration Affidavit Certification (Form 11)Y Y Y
Vendor Substitute W-9 (Form 12)irregularity Y Y
Bidders Checklist (Form 13)Y Y Y
Copies of required information attached
Company's E-Verify Profile Page or MOU Y Y Y
Copy of Active Registration with Current FL Divisions of
Corporations Y Y Y
Copy of Active GC License with Depart. of Business & Professional
Regulation Y Y Y
Copy of Local Business Tax Receipt N/A N/A N/A
Additional Required Bid Forms - from Bidders Checklist Item 11:
Copy of Certification by the American Sports Builders Association Y Y Y ?
Certification for Installation of Astroturf Products N Y Y
Evidence of experience with the FIFA Pro Certification Process N Y Y
Minimum 10 similar Synthetic Turf Multi-use Athletic Fields in the last
5 years Y Y Y
Statement of no past legal action over last seven years as a result of
poor workmanship, warranty issues, etc.irregularity Y Y
Number of full-time employees on staff that specializes in synthetic
turf playing field construction N Y Y
Playing Field Contractor's Jobsite Superintendent with similar playing
field experience - telelphone and contact info Y Y Y
Preliminary Playing field construction schedule y Y Y
Acknowledgement - Receipt of Addendum
Addendum #1 Y Y Y
Addendum #2 Y Y Y
Strategist: Confirm validity w/FL Divisions of Corporations on-line Y Y Y
Strategist: Confirm validity of GC License w/DPBR on-line Y Y Y
Strategist: Confirm Insurance and Bonding Requirements Y Y Y
Strategist: CONFIRM ALL BID DOCS COMPLETED & SIGNED:Y Y Y
Contractor's Office Location:Sharpsburg PA Austin TX Brecksville OH
County:------
Opened By:Jim Flanagan
Witnessed by:David Berra, Margaret Bishop
11.D.1
Packet Pg. 539 Attachment: 18-7339 - Bid Tabulation (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
11.D.2
Packet Pg. 540 Attachment: 18-7339 - NORA - Executed (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
K:\2017\17-0159 North Collier Regional Park Artificial Turf Design\Correspondences\Documents\Bid Tabulation\NCRP Turf Bid Rec 5-8-18.docx
May 8, 2018
James Flanagan, Procurement Strategist Via email to Jim.Flanagan@colliercountyfl.gov
Collier County Procurement Services
3295 Tamiami Trail East
Naples, FL 34112
Re: 18-7339 - NCRP Artificial Turf Conversion, ABB PN 17-0159
Dear Mr. Flanagan:
We are in receipt of the bid tabulation prepared by Collier County Procurement dated May 1, 2018 in reference
to the above construction project bid. The apparent low bidder, as verified by the spreadsheet, was Hellas
Construction Inc. with a bid of $4,107,031.00 for the base work plus Alternate #1 and #2 as specified by Collier
County. Neither we nor our sub-consultant, FTE Sports, have any direct history with this contractor or their
subcontractors that will construct the work. We have contacted the following references as provided by Hellas:
1. Rockwall ISD - Cain & Williams Middle School, TX
2. Cypress Springs - Ridge High School, TX
3. Twin City Youth Soccer Association, NC
4. Conroe ISD – Grand Oaks High School, TX
The references reported satisfaction with Hellas’ work. The results of our questions to them are provided as
attachments to this letter.
Hellas holds a valid Florida General Contractor’s license. Please note that this license is due to expire prior to the
contract time. Thus, you should request a copy of their renewal when appropriate.
Based on the information obtained, we are, therefore, of the opinion that this company is capable of performing
the work in accordance with the plans and specifications and recommend that Collier County award the
construction contract to Hellas Construction Inc. for the bid amount.
Should there be any questions, please feel free to contact our office.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
Dominick J. Amico
Dominick J. Amico, Jr., P.E.
President & Project Engineer
Attachments
cc: David Berra (Via email to David.Berra@colliercountyfl.gov)
Bill McBride (Via email to bmcbride@fteinc.net)
11.D.3
Packet Pg. 541 Attachment: 18-7339 - ELORA - ABB-FTE - NCRP Turf Bid Rec 5-8-181 (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
Date: Ma
Referenc
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d by: William
as Constructi
ect Referenc
act name: M
e number: 1+
e of services
of project co
nal budget: a
ge orders: Y
cts complete
ct completed
warrantee iss
d you consid
omments:
ontractor fai
e client.
cts did have
actor did co
ect Referenc
act name: M
e number: 1+
e of services
of project co
nal budget:
ge orders: Y
ct completed
ct completed
warrantee iss
d you consid
ng on other o
omments:
ct did have s
ruction. How
est.
ect Referenc
act name: M
e number: 1+
e of services
of project co
North Collie
Project B
E
J. McBride,
on, Inc.
ce: Rockwal
Mr. Jim Lawso
+972-772-114
: (2) Running
ompletion: 2
approx. $4 m
Yes, as direct
ed on time:
d within orig
ues with the
der using Hel
iled to meet
some minor
orrect them p
ce: Cypress
Mr. DoeBelle
+281-517-602
: (3) Multi-Us
ompletion: 2
approx. $3.5
es, as direct
d on time: Y
d within orig
ues with the
der using Hel
on-going sc
some joints/s
wever, the co
ce: Twin City
Mr. Scott Wo
+336-209-747
: 4 Youth Siz
ompletion: 2
er Regional
idder’s Refe
EXHIBIT A
Sr-Vice Presi
ll ISD-Cain &
on-Director o
48
g Tracks and
2016
million dollars
ted by clien
No
inal budget
work that h
las Construc
t the original
r issues on th
per the clien
–Springs, Rid
-Superintend
22
e Synthetic T
2016-2017
5 million dolla
ed by owne
es
inal budget
work that h
las Construc
hool district
seam issues a
ontractor did
y Youth Socc
llaston
79
ze Synthetic
2018
Park Artific
erence Chec
ident, FTE spo
& Williams Mi
of Maintena
d Synthetic T
s
t.
: No
as been com
ction, Inc. ag
projects sch
e field const
nts’ request.
dge High Sch
dent
Turf Fields
ars
er.
: Yes
as been com
ction, Inc. ag
projects.
after constru
d correct the
cer Associati
Turf Soccer
ial Turf Con
ck List
orts
iddle School
ance
Turf Fields
mpleted: see
gain: Yes
hedule dead
truction. How
hools, TX
mpleted: see
gain: Yes, the
uction of the
e issue per th
ion, NC
Fields
nversion
1 | P a
ls, TX
e below
dlines, at no
wever, the
e below
ey are curren
e field was
he clients’
age
fault
ntly
11.D.3
Packet Pg. 542 Attachment: 18-7339 - ELORA - ABB-FTE - NCRP Turf Bid Rec 5-8-181 (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
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William J
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ence submit
. McBride, Sr
sident-FTE sp
e@fteinc.ne
inick Amico,
Devaguptap
n Kanak, RLA
18-7339 - N
nal budget: a
ge orders: Y
cts complete
ct completed
warrantee iss
d you consid
omments:
ct did have s
ruction of th
ct the issue p
mark Constru
acting as the
ruction.
ect Referenc
act name: M
e number: 1+
e of services
of project co
nal budget: P
ge orders: Y
cts complete
ct completed
warrantee iss
d you consid
omments:
roject is ong
School Cons
ng fields.
oster indicate
truction, Inc.
have check
tted by Hella
r.
ports
t
, P.E. amico
pu, P.E. ravi@
A jason@ftein
North Collie
Project B
E
approx. $3.7
Yes, as direct
ed on time:
d within orig
ues with the
der using Hel
some minor
e fields had
per the clien
uction was th
e owners’ rep
ce: Conroe I
Mr. Easy Foste
+936-709-788
: Football, Ba
ompletion:
Pending fina
Yes, as direct
ed on time:
d within orig
ues with the
der using Hel
oing and sc
truction proj
ed that they
in the future
ked only the
as Constructi
@abbinc.co
@fteinc.net
nc.net
er Regional
idder’s Refe
EXHIBIT A
million
ted by clien
Yes
inal budget
work that h
las Construc
finished surfa
been const
nts’ request.
he prime Ge
presentatives
ISD-Grand O
er-Director o
85
aseball, Soft
Estimated A
al constructio
ted by clien
Estimated c
inal budget
work that h
las Construc
heduled for
ject, which in
y have no res
e.
e above liste
ion, Inc. sign
om
END OF DO
Park Artific
erence Chec
t. Sub-surfac
: Yes
as been com
ction, Inc. ag
ace non-uni
ruction. How
eneral Contr
s overseeing
Oaks High Sc
of Planning &
ball and Tra
August 2018
on
t.
completion A
: TBD
as been com
ction, Inc. ag
completion
ncludes all t
servations re
d projects in
ned on April 3
OCUMENT
ial Turf Con
ck List
ce subgrade
mpleted: see
gain: Yes
form infill issu
wever, the co
ractor for this
g the playing
chool, TX
& Constructio
ck & Field Sy
August 2018
mpleted: see
gain: Yes
in August 20
he new build
ecommendin
ncluded in Fo
30, 2018.
nversion
2 | P a
e stabilization
e below
ues after
ontractor did
s project tha
g field
on
ynthetic Turf.
e below
018. This is a
dings and
ng using Hell
orm5-Statem
age
n.
d
at
.
new
las
ment
11.D.3
Packet Pg. 543 Attachment: 18-7339 - ELORA - ABB-FTE - NCRP Turf Bid Rec 5-8-181 (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-13952601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783
SCHNITZLER, MATTHEW CARL HELLAS CONSTRUCTION INC 12710 RESEARCH BLVD SUITE 240 AUSTIN TX 78759
Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better. For information. about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license!
STATE OF FLORID A DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CGC1520756 ISSUED: 08/24/2016 ,
IS CERTIFIED under the provisions of Ch.489 FS.
Expiration date : AUG 31, 2018 L1608240002882
DETACH HERE
RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONA L REGULAT ION CONSTRUCTION INDUSTRY LICENSING BOARD
The GENER AL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018
SCHNITZLER, MATTHEW CARL HELLAS CONSTRUCTION INC 12710 RESEARCH BLVD SUITE 240 AUSTIN TX 78759
SEQ# L 1608240002882
11.D.3
Packet Pg. 544 Attachment: 18-7339 - ELORA - ABB-FTE - NCRP Turf Bid Rec 5-8-181 (5480 : 18-7339 North Collier Regional Park Artificial Turf Conversion)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("OwneY')
hereby contracts with Hellas Construction, Inc. ("Contractor") of '12710 R¢s¢arch Blvd Suites
240, Austin, Texas, 787b9, a Corporation, authorized to do business in the State of Florida, to
partorm all work ("Work") in connection with North Collier Regional ParK Artiflelal Turt
Convarslon, Invitation to Bid No. 18-7339 ("Project"), as said Work is sat forth in the Plans and
Specifications prepared by Agnoll Barber S Brundage and FTE Sports, the Engineer and/or
Archltact of Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein sat forth, agree as follows:
Section 1. Contraot Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Dfreclive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents era incorporated by reference and made a part
of this Agreement (all of said documents Including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "AgraemenC' and sometimes as the
"Contract"). A copy of the Contract Documents shall ba maintained by Contractor at the Project
site at all times during the pertormanca of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Docu mants, signed and sealed by the Design
Professional, as era reasonably necessary for permitting.
Section 2. Scop¢ of WorK.
Contractor agrees to furnish and pay for all management, supervision, finan Gng, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully pertorm and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. ContractAmount,
In consideration of the faithful pertormanca by Contractor of the covenants In this Agreement to
the full satlafaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Four Million, Ona Hundred Seven Thousand, Thirty -Ona Dollars ($4,107,031.00)
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, In the form prescribed in
Exh'bit B -t and B-2, in the amount of '100 % of the Contract Amount, the costs of which era to ba
paid by Contractor. Tha 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 meat the requirements of the Dapa rtmant of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority es Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies" circular. This circular may ba accessed via the web at
www fms trees cov/c570/c570. htmlMcartiTiad. Should the Contract Amount ba lass than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety. _
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ConsVuctlon Services HgreemenT fteWseO 022018
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 6. Contract Time and Liquidated Damages.
A. Time of Pertormanca.
Time is of the essence in the performance of the Work under this Agreement. Tha
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Man agar, as hereinafter deft had. Contractor shall commence the Work within five (5)
calendar days from the Commencement Data. No Work shall be partormed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall ba at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within ninety (90) calendar days from the Commencement Date (herein "Contract
Time"). The date of Substantial Completion of the Work (or dasig Hated portions tharaofl is the
date certified by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is Intended. Contractor shall achieve Final Completion within tan
(10) calendar days after the date of Substantial Completion. Final Completion shall occur when
the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated
by the Owner as completed. As used herein end throughout the Contract Documents, the phrase
"Project Manager" refers to the Owner's duly authorized raprasentative and shall mean the
Division Administrator or Department Dlrecto r, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said lima may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will ba d�cult, if not Impossible, to deft Wifely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two
thousand eight hundred eleven dollars ($2,81'1.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the avant Substantial Completion is reached, but
the Co Mractor fails to reach Final Completion within the required time period, Owner shall also
ba entitled to assess and Contractor shall ba liable for all actual damages incurred by Owner as
a rasuk of Contractor falling to timely achieve Final Completion. The Project shall ba deemed to
be substantially completed on the data the Protect Manager (or at his/her direction, the Design
Professional) Issues a Certificate of Substa Mial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is refe rencad by days herel n, it shall be computed to exclude the first
day and include the lest 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 ba omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday. O
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D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count defa uit days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor underthis Agreement or any other
agreement between Owner and Contractor, as payment on such liqu(dated damages due under
this Agreement in Owners sola discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and In its sola discretion, is allowed to cont(nue and to finish the Work, or any
part of it, after the expiration of the Contract Time Including granted rima extensions.
F. Completion of Work by Owner.
In the avant Contractor defaults on any of Its obligations under The Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and Its surety shall continue to ba liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Fin ai Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonabl¢ actbn or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall ba entitled to final payment in accordance with the terms of the Contract
Documents. '
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extant Owner Incurs damages from a third party as a
result of Contractor's failures to fulfill all of its obligations under the Contract Documents. Owners
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incoroorated.
Exhibits Incorporated: The following documents era expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation tS-7339-North Collier Regional Park Artlfle lal
Turt Conversion.
Exhibit A-7:
Contractors Bid Schedule
Exhibit A-2:
Contractors Bid Submittal Forms and Addendurrts
Exhibit A-3:
Contractors List of Kay Parson nel
Exhibit B -t:
Payment Bond Forms
Exhibit B-2:
Pertormanca Bond Forms
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and AffidavR Form
Exhibit D:
Contractor Application for Payment Form
Exhibit E:
Change Order Form
Exhibit F:
Certificate of Substantial Completion Form
Exhibit G:
Final Payment Chackiist
Exhibit H:
General Terms and Conditions
Exhibit I:
Supplemental Terms and Conditions � Applicable ®Not Applicable
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ConelruUlon Services Agreamanl: Ravisetl 0220'18
The following documents are expressly agreed to ba incorporated by refs rence and made a part
of this Agreement for Solicitation 1B -7339 -North Collier Regional ParK Artificial Turt
Co overs loo. Tha complete contract documents, including Addendum with attachments,
are available on the County's on-line bidding system: htto '//www bidsvnc com/bidsvnc-
cas/, which the parties agree comprise the final integrated agreement executed by the
parties.
Sections corresponding to any checked box (®)expressly apply to the terms of this
Agreement and are available through the County's on-line bitlding system.
Q Exhibit J: Technical Spadfications
Q Exhibit K: Permits
Exhibit L: Standard Details
®Exhibit M: Plana and SpeciFlcations prepared by;
Agnoll Barber 8 Brundage Inc and FTE Sports
and identified as follows: Collier County North Regional Park Multi -Use
Paying Fields -Construction Documents March 13, 2018
as shown on Plan Sheets 1 through 22 -as par C-1.00 Drawing Index.
Section 7. Notices
A. Ail notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E -mall or Facsimile, addressed to
the following:
Collier County Board of County Commissioners, FL
c/o Parks and Recreation Division
15000 Livingston Road
Naples, Florida 34109
Attn: David Berta, Landscape Architect
Phone: (239) 252-4020
Email: David.Barra@collieroountyfl.gov
B. All notices required or made pursuant [o this Agreement by Owner to Contractor shall be
made in writing and shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Hellas Construction, Ine.
12710 Research Blvd, Suite 240
Austin, Texas 78759
Attn: Josh Adams, Vice President of Estimating
Phone: (512) 250-291 O
Email: JAdams(c�hellasconstruction.com
C. Either party may change Its above noted address by giving written notice to the other party
In accordance with the requirements of this Section.
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Conatrucfbn Services A9raamenC ReNaetl 022018
3¢ctlon 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.t33(2)(a) of the Florida Statutes which read as
follows:
"A parson or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not ba awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.0'17 For CATEGORY TWO for a period of
36 months from the data of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change [o the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to ba bound by it.
3¢ction 10. Succ¢ssors and Assio ns.
Subject [o other provisions hereof, the Agreement shall ba binding upon and shall inure to the
benefit of the successors and assigns of the parttas to the Agreement.
Section 11. Govern ins Law.
The Agreement shall be interpreted under and its performance governed by the laws of the States
of Florida.
Section 12. No WaiY¢r.
The failure of the Owner to enforce at any time or for any period of time any one or mora of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 73. Entire Aoreem¢nt.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been enteratl into or will ba recognized,
and that all negotiations, acts, work pertormed, or payments made prior to the execution hereof
shall ba deemed merged in, integrated and superseded by the Agreement.
S¢ction 74. Sev¢rabllity.
Should any provision of the Agreement ba determined by a court to ba unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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ConarruUlon Services Agreamenl: Revlsatl D220t8
5¢ction 15. Change Order Authorization.
Tha Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extant provided for under the Owner's
procurement ordinance and polidas and accompanying administrative procedures.
5¢ction 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortfus
contra profarentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benaft of one of the parties shall be construed against the
benefited party) shall not ba applied to the construction of this Agreement.
Section 17. Order of Precedent¢
In the event of any conflict between or among the farms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedent¢ over the Construction Agreement and the
General Terms and Conditions. To the extant any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall ba resolved by imposing the mora strict or costly obligation under
the Contract Documents upon the Contractor at Owners discretion.
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Cons�lucHon Services ABreOTanl Ravlsetl 0220'18
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates)
indicated below.
TWO WITNESSES:
F ST WITNESnS
�) a.c)G .�I.aMS
� Print Nape
SECOND WITNESS
�ebfa� e AIMS
Print Name
Date
ATTEST:
Dwight E. Brack, Clark
BY:
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
HELLAS CONSTRUCT N I
By:
c . S n S- v /8
Print Name and Titles Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY:
Andy Solfs Data
Chairman
co�sw�rm� services ngreament: namsea ozzots
EXHIBIT A-1: CONTRACTOR'S BIO SCHEOU LE
(FOLLOWING THIS PAGE)
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Con8ImC110n Services AgreBTanl: Ravisatl 0220'18
Prolecx No: 1g-9339
Prolem nue: NOrtM1 CGIII¢r Regional Perk AKIfldal Turf Conversion
BIU SCH EUULE R.Y 49-=]-2G=.
slooeR:
aa.e 6.d mal of e,: E plevm6 nelaa nem [aua n m n evmnetm nrf
fysmm fo. fay. 141 Nwtn Collim Re81nna1 Pa.k MultipwposeW FI•les p3. N4, pT.
MOBILIZATION
$364.934
REMOVAL OF E%I6TING IRRIGATION SYSTEM
$8,383
EFTE PREP E%LAVATION 8v GRADING
$395,080
DRAINAGE EY$TEM
$991,69=
IRRIGATION/WATER SYSTEM
$166,362
DRAINAGE LAYER 8a FINI6N W VER
$612.172
9NOL%PAO
$519,242
BYNTNETIC TV RF -MATERIAL, OEV V EREO
$1,996,601
9VNTXETIC TVRF-IN9TALLATION
$257,149
MAINTENANCE EQUIPMENT
$14,416
OW NER'$ALIOWANCE � $80,000
Bas¢Oltl: $4,072948 To[el
AREPNATE:
Alternate p1 wOO FENCING ANO GATES INDICATED ON ORAWINGE PE -6.01 anG PF -6.02
bl Altemata it
$34A83
Add
Altama[e p3A WORK N04R3]:OO em<o12:00 am m1anl6ht Mpg 5M T:00am to ]:OO pm
olmmrnae R2A
$G
wea
wR..na•%2a woBK XDGes].46 amwlG:GD pm, M -F, sat 7:GD em w]:GD pm
e[vl Alteenate p2a
$O
wtltl
R SRALL ALSO wTTACX R OETA:LEO SCXEOYLE TO REREQ COMPLETION THE WORK IN TXE TIME EMME pROVI0E0
T
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EXHIBIT A-2- CONTRACTOR'S BIO SUBMITTAL FORMS AND ADDENDUM
(POLIOWINO TNIS PAGEi
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Constructlan Servlcec AgraamanY RaWsad 0220te
Co Tier County
Administrative Services Division
Purchasing
ADDENDUM #1
Memorandum
Page 1 of 2
Email: jimflanagan@colliergov.net
Telephone: (239) 252-8946
Date: April 12, 2018
From: Jim Flanagan, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 — 18-7339 NCRP Artificial Turf Conversion
This addendum has been issued for the following items identifying changes, deletions, or
additions to the original solicitation document and bid schedule for the subject solicitation.
Changes and additions are identified with an underline and deletions have a strike -through.
CHANGES/ADDITIONS/DELETIONS:
➢ Project Schedule is hereby revised to 90 calendar days to Substantial Completion — All
work on fields complete - fields/site ready for Tournament Play plus 10 calendar days to
final completion — for submittal of closeout documentation, for a total of 100 calendar days
overall.
➢ Alternate #2 — Established work hours are Monday through Friday 7:00 am to 7:00 pm.
Alternate #2 is to extend available work hours to Monday through Friday from 7:00 am to 12:00
am/Midnight and 7:00 am to 7:00 pm Saturday. No work on Sunday.
➢ Existing As-builts are being made available for information only. Attached find 2003 site plan
as-builts, site electrical as-builts, and field dimension plan as -built drawings for the North
Collier Regional Park.
a. Site As -built drawings —for info only— may not reflect current conditions.
b. Electrical As -built drawings —for info only— may not reflect current conditions.
c. Field Dimension As -built drawing — for info only — may not reflect current
conditions.
and cannot be relied upon. Field verification is the responsibility of the bidders, the
successful general contractor and his subcontractors.
➢ Bidders shall review the Invitation to Bid Instruction Form, Construction Services
Agreement, and Purchase Order Terms and Conditions in preparation of signing a
contract as part of the Award and Approval process by the Board of County
Commissioners subsequent to submission of bid. These on-line forms are the basis of 01
the contract documents.
Pages 2 of Y
Y Blddars Quastio ns and Answers
o The Deadline for Bidder's Questions will close on Thursday April 79. All Bidder's
Questions are to be submitted on-line through the BldSync online bidding system.
Answers will be provided by April 24. Please refer to Solicitation 18-7339 NCRP
Artificial Turt Conversion — Q&A
04-10-18 Pra-Bid Meeting/Site Visit Minutes/Sign-in Sheets era included with this Addendum
Please acknowledge receipt of this Addendum with your bid proposal.
!4 @y'^
i nature Jack Adams, Vice President of Estimating
Hellas Construction, Inc.
Bidder
If you require etltlltlonal Informagon please po¢I a quaellon on tM1a Online Bltlding alfa ar conlacl ma usln9lM1e above contacf Infortnallon.
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GO�� COLIYI.'Gy
AdministlaWe Services Division
Purchneing
ADDENDUM #2
Page 1 0( 6
Email: Jim,flanagan(�colliarcountyfl.gov
Telephone: (239) 252-8948
Dat¢:
April 20, 2018
From:
Jim Flanagan, Procurement Strategist
To:
Interested Parties
Su bjeet:
Addendum #2 — 78-7339 NCRP Artificial Turt Conversion
This addendum has bean issued for the following items identifying changes, deletions, or
additions to the original solicitation document and bid schedule for the subject solicitation.
Cha ngas and additions are identified with an underline and deletions have astrike-through.
CHANGES/ADDITIONS/DELETIONS:
REMINDER: Bid Due Date remains May 7, 2078, however the bid due time has been changed
and Bids are to be submitted on-line by '10:00 am local time
➢ REMINDER: Project Sch¢dule is hereby revised to 90 Calan der days to Substantial
Com pletlon —All work on fields com plat¢ -fields/site ready for Tournament Play plus 70
calendar days to final com elation —for submittal of closeout documentation, for a total of 100
calendar days overall.
➢ Altarnafas:
o Alternate #2A —Established work hours era Monday through Friday 7:00 am to 7:00
pm. Alternate #2B is to extend available work hours fo Monday through Friday from
7:00 am to 72:00 am/Midnight and 7:00 am to 7:00 pm Saturday. No work on Sunday.
o Alternate #2B —Established work hours era Monday through Friday 7:00 am to 7:00
pm. Alternate #26 is to extend available work hours to Monday through Friday from
7:00 am to 70:00 pm and 7:00 am to 7:00 pm Saturday (Similar to weekday operating
hours of the Park). No work on Sunday.
➢ Revised Bid Schedule R3 revised, attached to reflect additional Alternates as described above.
Please include this with your bid response
➢ Bidd ors Questions and Answers
o The Deadline for Bidder's Questions have closed. All answers nava bean provided.
Please refer to Solicitation 18-7339 NCRP Artificial Turf Conversion — O&A.
Questions and Answers are hereby incorporated as part of the bid.
➢ Bidders shall review the Invitation to Bid Instruction Form, Construction Services
Agreement, and Purchase Order Terms and Conditions In preparation of signing a
contract as part of the Award and Approval process by the Board of County
Commisslonars subsequent to submission of bid. Thasa on-line forms era the basis of
the contract documents.
Pe9e 1 or 4
➢ CAD files as requested, indicated below, are made available, attached, with the following
disclaimer:
ACAD-11719X8 ASL-.. D W G
AG'AD-1 1719PBASL.D WG
7953-I3PP MAIN.D WG
Bidders Please Nota: This document is being madeavaila ble only as a convenience
to the bid dare, and accuracy of the documents have not been verified and cannot be
relied upon. Field verification is the responsibility of the bidders, the successful
general contractor and his subcontractors.
➢ Additional bid information/clarifications/questions and answers generated by the engineer is as
fol lows:
Basad upon ravlew of soma of the currant written spacificotion documents, sports IlgMing and
update new testing standards, the following items are requested to ba incorporated into iha
addendum number 2.
Quastlon: 1 . Section 1 .4, 2 G -Where will Gaogrid to ba instglled3
Answer i. Greogrld product is not req wired as part of chis proJecT scope.
Question: 2. Section 1 .46 -Please confirm attic stock requirements,
o. 50,000 square feet of green turf
b. 1,000 Ilneor feet of 4" while, blue, black
Answer. 2. The revised req viremenl for attic stock /or green surf is 5,000 square feet of green
turf and �QQ linear feel o! 4" white, blue and block.
Question: 3. Section 3.3 A 2 q - Plaasa clarify whether planarity tolerance is 1 / 1 O of an
Inch qs stated or should It ba 1 / 1 O of a foot.
Answer: 3. The plgngtlly tofergnce Is %" Inch on any portion of the ploying field svb-grade. All
other playing field levels ora required fo hove q tolerance of Y." of on inch on q 25'
x 25' grid. Please refer To page 11, section i. 1.3. par! B, i.
Ouastfon: 4. section 2.2 Drainage System Materials, 7. Tha gravel drainage materials
should minimally meat LA Abrasion and desirable to meet both of the following
stability requirements: Sulfate Soundness (C-88) Not to exceed 12T loss using
magnesium sulfate and LA Abrasion (ASTM C131) Not To exceed 40.
Answer: 4. In accordance with the new release of Tha USGA 2018 feSHng recommenddlion5:
Tha approved testing method shall be used to replace The above specified
raqulrernent and is os follows: Micro Davol method (ASTM 06928) The USGA guidelines
indicate "A Joss of material greater than IS percent using this method is
unoccaotoble." This shall be the standard of cora os It relates To the grovel drainage
materials IesRng requirement.
Question: 5. Is the contractor responsible for the actual f(eld location and field
adjustment of Tha axist{n9 undargrou nd sports lighting conduit and the necessary
field adjustments to the conduit2
Answer: S. Yes, the contractor is fully finonclggy responslbfe for all labor, costs, inspections and
materials necessary Io relocate any elecirtco/ power conduit that is In dfracf conflict with the
inslgllgllon of the entire 5yntheHc surf ploying Neld system.
Page 3 of 9
In submitting your bid response, the following information Is required to ba included with your bid
as per the Bidders Checklist (Form 13)
Complat¢d Bid Schedule
Completed Bid Forms: (Solicitation pages 3-13)
Bid Response Form (Form 7)
Exhibit N -Contractors Key Personnel Assigned to Yha Proj¢ct - (Form 2)
Malarial Manufacturers (Form 3)
List of Major Subcontractors (Form 4)
Statement of Experience of Bidder (Form 5)
Trench Safety Act Acknowledgement (Form B)
Bid Bond (Form 7)
Insurance and Bonding Requirements (Form 8)
Conflict of Interest Affidavit (Form 9j
Vendor Declaration Statement (Form 10)
Immigration Affidavit Ce Kification <Form 11)
Vendor Substitute W -g (Form 12)
Bidders Checklist (Form 73)
Copies of required information attached
Company's E -Verify Profile Page ar MOV
Copy of Aclive Registration with Currant FL Divisions of Corporations
Copy of Active General Contractors License with Depart. of Business &Professional
Regulation
Copy of Local Business Tax Receipt
Additional Req aired Bid Forms -from Bidders Checklist Item 11
Copy of Certification by the American Sports Builders Association
Certification for Installation of AstroWrf Products
Evidence of experience with the FIFA Pro Certlficatlon Process
Minimum 10 similar Synthetic Tort Multi -use Athletic Fields in the Iasi 5 years
Statement of no past legal action over last seven years as a result of poor workmanship,
warranty issues, etc.
Number of full-time employees on staff that specializes in synthetic tart playing field
construction
Playing Field Contractor's Jobsite Superintendent with similar playing field experience -
talaphone and contact info
Preliminary Playing field construction schedule
Acknowledgement -Receipt of Addendum
Addendum #1
Addendum #2
0
Page 4 of 4
Thank you In advance for your interest in the project, and we look forward to receiving your bid.
Please acknowledge racalpt of this Addendum with your bid proposal.
dG
g atura Jack Adams, Vice Prasitlent of Estimating
Hellas Construction, Ine.
eldaar
If you tequlm adtlitlonel ln(otmallon please pea\ a queer\Ion on \Fe Onllne Bitltling alta of conlecl ma uslnB tM1a above contact Infotmallon.
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.FORM Y:-BIp RESPONSEFORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Nar[h Co111er Regional Park Artiflc[al Turf Convereioo
B1D NO. 18-'1339
Pull Name of Bidder
Main Business Address c H
Place of Hvaineas 1
Telephone No. (5121 25 0-2910 Fax Not 12 0-1960
State Contractor's License # COC 152
Stats of Prorida Certifcata of Authority Doownant Number 0400000ica9
Federnl Tex ldentifioe[lon Number 2 O 4538
DUNS # 14-601-8887 CCR# Cege Code 3UOJ3
To: BOARD OP COUNTY COMNIISSIONHRS OF COLLIBR COUNTY, FLORIDA
(herelnaRar called the Owner)
The undersigned, as Bidtler declares that the only person or part:cs interested in this Bid as principals are those nomad
herein, fMet thio Hitl is submitted without collusion with any other person, £rm o � corporation; [hn[ it has carefully
ived the location of ffie prapoaed Work, the proposed form of Agreement endtall other CantracT Doouments end
Bonds, entl the Contraot Drawings and Speeiflcations.
Bidtler proposes, entl agrees :f this Bid is accepted, Bidder will ex cute the Agreement included in [he Bidding
Documents, [o provide ell n nary machinery, tools, apparatus end other means of construction, inoluding utility
end [renspor[at[on s sary t9 de all the Work, end famish all the materials and equipment apecifled or
referratl to in the Contraot Documents in the manner and Lima herein prescribed and sacoMing W fire requirements of
the Owner as therein set forth, furnish [ha Conmactor's Bonds entl Insurance speoitied in the General Conditions of
the Conh�ac4 entl to tlo ell other tfiings required of the Contractor by [he Confront Documents, entl that if will [eke full
payment the sums se[ forth In the following Bid Schedule:
Unft prices shall be provided in no more than two decimal points, and In the ease where further decimal points
'e inadvertently provided, rounding to [can deeimnl points will be conducted by Procurement Serv[cea Dlvlston
atnff.
O
FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
North COOIer Regional ParK ArHBelal Turf Conversion
Bid No. 18-T339
`1SB[Ri
Kirk Welah
Faus[o Rozan
Matt Schnitzler
Personnel Cateaory
Construction Superintendent
Project Manager
VP Construction
O
FORM 3 -MATERIAL MANUFACTURERS
TH[S FORM MUST BE COMPLETED OR B[D SHALL BE DEEMED NON-RFSYONSIVF.
All Biddovs shall canfiran by signature that they will provide the m nufacturers antl materiels outlinod in [Itis Bid
specifications, Including compliance with Florida SCatute 255.20 to provide lumber, timber and other £ores[ producW
produced and manufactured in the S'ta[e ofPiorida es long as the pries, Ftness and quality era equal. Exceptions (when
equals a e acceptable) may be requested by c mpleting the Matea�ial Manufacturer Excoption List below. If an
caption fora nufactttrer antl/or materiel Is proposed and listed below and is not approved by EnKineer/Pr joct
Manager, Biddc�shall furnish the manufAdurer named in the specification. Acceptance ofthis Form dons not constitute
acceptance of material Proposed on this list.
Complete end sign section A OI B.
Sectlan A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my tlrm, [ conErm that wo wili use ¢ll mmmfactur�ers and materials ¢s specif cellY outlined in
the Bid specifications.
Company: // / �
Signatu,.a;�i .G/9L.ZljL� Data:
U�—yam"' 4/30/18
Sec[lon B (Exception requested to Bid spcci£cetions manufacturers and materials)
XCEPTION MATERIAL EXCEPTION MANUPACTURBR
2.
4.
5.
Please insert additional pages as necessary.
CmnpanY:
De<e
O
FORM 4 - L[ST OF MAJOR S[IBCONTRACTOA9
THIS L[5'[' MUST 6E COMPLETED OR BtD MAV BE DEEMED NON-RESPONSIVE
The untl¢ralgned states that the following is a IisC of the proposed subcoNractors for the major oa[egorias oatlinetl in
the raga tramants of the Rid apeciPcwfions.
The undetsigneA wcknowicdges its responsibility For ensuring that [he Subcontractors £or them jor ca[agoriex listed
heroin are "qualified" (as defined in Ordinance 2017-08 and Section 15 of lnstruatlons to Hitlders) end meet all legal
r¢quiroments wpplicnble to mtd naceasimted by [ho Conirnct Documents, inalnding but not ]imi[eA Po p.vper licenses,
ertiflmtfons, regtslmfiona and insmm�cc co ra8e. Th¢ Owner rete ve9 the right IO diaquelity any Ridtler who
ncludas non-compliant or non-ynalifletl Subcanu'actore in itr bid off r.rFvrthor, the Owner may direct [ha Succasxful
Hitldar to remove/replace any Subcontractor, ¢t no additional cost to Owner, which is Pound to be non-eomplinnt with
this reyuh'em¢nt ai[har bafotn or after [he issuance of tha Award of Contract by Ownar. (Altnch additional sheets as
aedad). Purther, the wtlersignoA ¢cknowledgos and agrees that promptly after the Award f Cmrtmot, end in
n ordnnec with the mquh�emon[s of the Con[rncl Documents, [he Succe¢sfW Bidder shall identify all Svbcontrecto ra
it intentlx to use on the Rroject. The underaignaA huther agrees thxt ell Subcontractors aubseyuently identified for mly
portion of work on this PI ject mast b¢ qual[ficd as noted above.
Company:
Signature:
Date:
4/30/1R
M jor Category of Work
Subcontmator end Address
1.
S athelia Turf Mnnufkelurxr
ASIroTnI' 2630 Abutment l2Cna SG Dalton GA 30421
2.
S Iltil¢tiC TYI'f Installer
Saw nkSport UBA-AAMC Hailaera 901131efl ing Poin[Lnne Houstoq'IX 9"109)
3.
Ird atiU 1 5 stCms/PhlRlbiil
Sbblm n Hn tnml lrti liMa Inn 2063 Tmtla Center Wn N Im FL 39109
4.
Maintenance E t en[
Ho3aa a ...coon me. a4I0 rseae Hwa sage nmun rx s
5.
Silt WCrk and Excavation
Henan canevucHan too. 12TO Research elva scam 240 nawnn ix 99969
6.
IA¢R[lfy Othnr sYbCOR[mClOre
`+aa'ank Sport UBA-Aafm BWlaora 9011 3mrling Point Lena Hovabn, TX 9T144
that represent mora [hon IO%
of price or that affect the
critical eth of the sohetlula
Company:
Signature:
Date:
4/30/1R
G:ompany: Hellos. Canstructlon, Inc.
Bigtaetvrc
Data: 4/30/18
FORM 5 -STATEMENT OF EXPERIENCE OF BfDDSR
Tlae Bidden' is required to arae below whet work of similar magultude completed within the last Fva (5) years is
,jutlAo of itx axpericnce, skill and buxinens standing and of its ability [o conduct the work as completely and ns rapidly
ea required
under the terms of the AAacen.ent.
P i d
it adds
� _
B68,T Sports Park f4 soccer tlelda)
Twin City Youth Soccer Aasoclatlon
428 Twine Way, Ativanca, NC 27006
Scott Wollaston 336-209-7479
Rosetta Canycn Sports Park (5 36 tlelda & 1 FBI
2
39423 Ardanwood Wey. Lakes Elsinore. CA 92530
95'I-674-3124
W. Greg Sutga, Executive Dlrec[or of Feclll[las &
MOKinnay ISD - McKinney North (FB BB & SB
^ ^stn ^t
3.
T_�, Ron Poe Stadium & Bovd HS
t
suttle(camckinnevisd.net
Ysleta ISD: Ysleta HS. RI amide HS &Parkland
Edgar Goytia - YISO Projec[ Manager
}j_B in 20'17 Del Valle HS, Bal Alr HS 8. Henke
4'
HS In 2016
egoytiat @ylsd.nal
D L -Conroe ISO Athletic Director
Conroe ISO -Grand Oaks HS (FB. BB SB Turt 8.
`'��
Track
del t2xconroelad net
tenance
8
Rockwell ISD - Caln MS &Wllllams M3
1050 Wllllams Streef, Rockwall, TX 75087
Cypress- Felrbanka ISD - Cvorasa Sorinas HS,
_ ndent
7
Coorass RId9a HS, & Cvoresa Falls HS
10300 Jonas Roatl, Hous[on, TX 77085
Jasper ISD -Jasper Sports Complex.
rintandent
8.
(FB/Soccer B6 8 SB Turt)
409 Bulldog Avenue, Jaseer TX 75951
Pflu9ervllle ISD - Walss HS, Tha PFIELD Statllum,
ctor
9.
Handrid<s n H3, & Pllu9arvllle HS
T dd dCaE n a t
Mik H d CFUSD P I [ M
Cordova Foleum USD -Cordove HS &Folsom HS
� D'
1965 Blrkmonl Or., Rancho Cordove, CA 96742
MH d(r�f d
G:ompany: Hellos. Canstructlon, Inc.
Bigtaetvrc
Data: 4/30/18
FORM G - TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure ¢P, uanti Cost
(Description) SY)
1.
2.
3.
4. ---- --
5.
TOTAL
Failure to complete the above may result in the Bid being declared non-responsive.
Company:
Signature:
Date: April 30, 2018
Per the bid plans, proposed trenches on this project do not exceed 4 feet in depth. If any design change occurs during the project that
increases the trench depth to greater than 5 feet Hellas Construction will provide trench box protection or other measures for all trench
sections as required by the Florida Trench Safety Act (90-96, Laws of Florida), effective October 1, 1990.
Hellas Construction has reviewed the geotechnical report for this project and will follow the following procedures. All proposed
trenches will be completed in 40 feet sections to reduce the possibility of instability and "cave ins". A competent person will inspect
trench excavations and the adjacent areas, hourly, for possible cave-ins, failures of protective systems and equipment, hazardous
atmospheres, and other hazardous conditions.
Furthermore, Hellas Construction agrees to abide by all applicable trench safety standards that apply to this project and has included the
cost thereof in our base bid for this project.
M
FORM 7 - BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Hellas Construction, Inc. (herein
after called the Principal) and Liberiv MutLtai, Ia urrBlte_o Cmt arly (herein called the Surety), a corporation
chartered and existing under the laws of the State of Massachusett: with its principal offices in the city of Boston,_MA_
and authorized to do business in the State of Florida_ are held and firmly bound unto the
Collier County Board of County Commissioners (hereinalier called the Owner), in the full and just sum of
Five Percent of Total Amount of Bid dollars ($ 5%TAB ) good and lawful money of the United States
of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, adminisn'ators, and assigns,jointly and severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and
incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No, 18-7339 North Collier
Regional Park Artificial Turf Conversion.
NOW, TI-IEREPORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement
with the Owner and within ten days after the date ora written Notice of Award in accordance with the terms of such Bid, and give such
bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with
good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies
furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond
or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shalt pay to the OBLIGEE the fixed sum of
$ 5%TAB__ noted above as liquidated damages, and not as a penally, as provided in the Bidding Documents, then this obligation
shall be null and void, otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and seated this 30th day of
April 2018
sI;rt{.
BY
Hellas Construction, Inc.
11 11
C'ountersignecln
Nielson, os o er Assoc aces aura U. Mosholaer A380 St. o nS Parkway, wte 1—man ord, 32771-6388 Phone 1!407} 330-3990
Appointed Producing Agent For liberty Mutual Insurance Company
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding
Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the event the Agreement, insurance Certificates and
Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional
expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder
fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period, In
the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify.
It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site
within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in
writing, subsequently notifies the Contractor of it nnodified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Forty-five (45) consecutive calendar days, computed by excluding the
cotnmencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner
within Fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Prind),
Suety 00) 3
(Seal
��trF 411
11 11
C'ountersignecln
Nielson, os o er Assoc aces aura U. Mosholaer A380 St. o nS Parkway, wte 1—man ord, 32771-6388 Phone 1!407} 330-3990
Appointed Producing Agent For liberty Mutual Insurance Company
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding
Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the event the Agreement, insurance Certificates and
Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional
expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder
fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period, In
the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify.
It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site
within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in
writing, subsequently notifies the Contractor of it nnodified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Forty-five (45) consecutive calendar days, computed by excluding the
cotnmencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner
within Fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Respectfully Submitted:
State of Texas
County of Travis
Jack Adams being first duly sworn on oath deposes and says
that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder an
that this deponent is authorized to make them.
Jack Adams also deposes and says that it has examined and carefully prepared its
Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before
submitting this Bid; that the statements contained herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of Texas ._.__...__, which operates under the legal
name of Hellas Construction, Inc. and the full names of its officers are as follows:
President Reed J. Seaton
S,srEtaa-yyi.P —Pres glt_ Robert G Allison
Treasurer Erank Petrini
Manager
The Vice President of Estitnating is authorized to sign construction bids and contracts for the company by action of its
Board of Directors taken _ October_12,.2016 a certified copy of which is hereto attached (strike out this last sentence
if not applicable).
(b) Co -Partnership
The Bidder is a co -partnership consisting of individual partners whose fidl names are as follows:
The co -partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is and if operating under a trade name, said
trade name is
Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page.
DATED April 30�11�'l
itness
Witness
Hellas Construction, Inc.
Legal Entity
BY: Jack Adams
Name of BiddT ed)
s'
Signatur
ice President of Estimating
Title
STATE; OF TEXAS
COUNTY OF TRAVIS
The foregoing instrument was acknowledged before me this 30 day of April _, 2018 by
Jack Adams as VP of Estimating of Hellas Construction Inc. _, a
S _ corporation, on behalf of the corporation. He/she is_personal�_known to me or has produced
–---------
NIA _ identpf c t' d)did (did not) take an oath.
My Commission Expires: 3/7/2022
gnat r of Mtary)
NAME: Claribel Bonilla
,�gpry•, CLARIBEL BONILLA (L,egiblyPrinted)
(AI £ f7 M -?-A 5VAWic, State of Texas Notary Public, State of Texas
Comm. Expires 03.07-2022
Notary ID 131479434
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein staled.
Certificate No. 8028056
Liberty Mutual Insurance Company
The Ohio Casually Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the lays of the $Iola of New Hampshire, that
Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana therein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint.
Jacqueline Kirk; Mark R DeWitt; Ginger Hoke' D Gregory Stilts
i
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i
all of the city of Dallas stale of TX each individually if there be more than one named, its true and lawful atlornoy-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons,
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by at) authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this- 5th day of March 2018
i
rt!i, The Ohio Casually Insurance Company
Liberty Mutual Insurance Company
m
dpi
West American Insurance Company
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C
STATE OF PENNSYLVANIA ss David M.Carey; Assistant soaatary
COUNTY OF MONTGOMERY
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On This 51h day of March__ _ ___, 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
u i -
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Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
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therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written,
CL
C N
4yr.-PAV,, COMMONWEALTH OF PENNSYLVANIA
__..___-.._ __----__ ___...___. 1� �1 i
O.r„!/.ryf !� I F7r,lnrinf Seal / //i,�•!�Y%J K QiC lt.•J
Trresa Pos6:iia, Notary Publjr. By .___ .....................__._.-
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or ! t7pp-r Menon Twp., Montp,nery County Teresa Pasiella, Notary Public
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k` 161y Commission Esp(eis Mardi 23.2021
W
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X13 : x".ewbar, I'anosyl:ania t ss,aiali:�n nl F:clariva
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This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual
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Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
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ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
O e
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to such limitation as the Chairman or the President may proscribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
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acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
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powers of attorney, shall have full power to bind tile4) Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
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axeculed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or aulhorily granted to any representative or allorneyin-fact under
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the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5, Surely Bonds and Undertakings. Any officer of the Company authorized for 111a1 purpose in writing by the chairman or the president,
E
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and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
M
vseal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in lhoir
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respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
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executed Stich instruments shall be as binding as if signed by (tie president and attested by the secretary.
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Certificate of Designation - The President of (he Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety
obligations,
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of al(omey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and affect and
has not been revoked. _60 --
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this {,tel/ day of _ 20. ! �)
.fit .: n:,, S'y.',, h'r "�'7•r ;:, ,)`�9, , �7�;; � tY!,�4�'"'-w„'^�-+
By: L lMA°
0 191'? 1991
r. �u r Renee C. Llewe Xssis(ant secretary
•Yj/f`,`,S''�'�\"' I 'r^:moi_,; 'F\ ::�.
10 of 500
LMS 12878_022017 _ !_^ ,� __._,— ,—
Co¢r Couaxty
Aan,miaaavaa sonieas oapanmane
PeaeU.a�nM Sarvltga nrvnip,
FOAM 9 - CON PW CT OR INTP.RP6T APPIpA VIT
The Vendor cer[i tics [hat, to th¢ best of its knowledge and belief the past and c ant work on any Collier County p jwt afYlinted
with chis solicitation does not pose an or8anizationai canflint ns deacribcA by onetof <M1e thtrea categories below:
Bb,aea ground rn lea —The firm has no[ sat the "ground rules^ for efPliated pflat or ¢urcan[ Collier County p,njact identi£etl
above (e.g-. writing a procurement's atefemant of work, specifications, or pm4onni,tg systems. engineering and techvicnl
direction 1br [he proomomanp which appoara la xkaw a,a competition in favor of my £rm.
lmpah�ad objectivity —The firm has net perfarmetl work on an ef£linted poet or current Collier County p, joc[ identified
above to waluata proposals /past perf rmance of itself or a competitor, which calls into question [he cm,ta'nctor's ability to
render impartial aAvice to th¢ government.
Ln¢qunl a s [o InPormntion —Tho firm has not hod a s to nonpublic infarmntion as pmY of i[x parforman¢e of a
Collier County mojec[ identified above which may have provided the contractor (or an atliliata) with an uofeir competitive
aavanmga in ¢arrent nr r torn aou¢itatinns nna ¢ontmma.
m aamdon to mia aignea afraayi:, tea ¢entre«or / yonam� moat prooiae the renewing:
1. All documents pmancea axe ,vault of the work completed in the past or currently being worked on for the above mentioned
pr jccq and,
2. Indicate if the information produced was obtained ns a matter of public recoM (in the "srmshinc") or th,vugh non-public (not in
the "sunshine") conversotion (s), mnating(a), Aocument(a) nntl/or other means.
Failure [o discloac all material or having n organizafionel conflict in of the three categories above be identified, may
,eswl[ in 1M1e disqualification for fidwc solicitations atiiliatetl with the above referenced pt ject(s).
By the.aignetm�e below, the firm (nmployeas, attiners anA/or agents) ¢artiflea, and hereby discloses, Ihaq to the best oft6eir knowleaga
and belief, all relevant facts concemin6 PnaL P,'esenq or cmTm,tly plannca interest or oativity (financial, contractual, organizational,
m otherwise) whieM wleteua to [hc projeo[ identified above hos bee, £oily Aisclosea entl docs not pose an organizntlonal conflict
Pirm: —_Tid1
Signature and
Priv[ Nnme:
Title of Signatory: Vic
�o
code,- cot,,�sy
a�dmmb[rewe sa,ekea iJapannant
Wauianam+BeMear Oinrlaa
RORM lU - VGNOOR DEC[.ARATION STATRMP•.NT
BOARD OP COUNTY COMM135ION6R8
Collier Counly Oovarnment Complex
Naplos, PloriAa 34l 12
Dwr Commissioners:
Tbc undoraigncd, as Vendor' declprea [ha[ this response is nada without comvoction or artungmnent with any othea' pe+son and this
proposal is m wary reapeot Mir antl matla in good faith, without collusion or fraud.
The Vnndm� agrees, if this solici[atima submittal is a aepteA, [o execute n Collier County Aocumant fbr the pmpase of asMbiishing a
formal connacRaal ralationahip between the Pnn and Colllm� Cow.ty, for the performance ofal] requirements ro which the solioita[ion
perteina. The Vendor slates that the suhmittod ix based upon !ho doeu monfa listnd by [hu above refarnnced So]iciMtion. Rur[hmy tho
endor agrees that if awarded a contract for tivaac goods and/or aervicea, the vendor will not be eligfbla to compete, aabmi[ a
proposal, be awe NDA. ar perform as a snb-vendor for any hdm�e easoclataA with work that Is a rcault of tlrla awarded contract.
IN WI"INBSS WHBREOP, WP have hereunto subscribed our names on [his �Q_ tlay of_ April . 20j$ in the County of
Travis , n Me States of Teras
Pirm `s Lagel Namc Hellas Construction, Inc.
Addrnss: 1291 O Research Blvd Suite 240
City, Staln, Zip Code: Austin, Texns 98939
Plorida Gerti ficatn of P04000001949
Authority llocument
Nwnber
Pedeiai Tax _ ��-
Td¢ntification Number
"CCR # or CAGE Code 3U013
•Only if Orant Punded
Taleplwnw
Signature by:
(Typed and written)
l'itle:
Vim Prcaitlent of Estimating
Secondary Contecf for this
Solic:teHon:
email:
Phone:
O
waartional contaer xneormaHa..
Sentl payments to:
Q'equired iPdifi rent f'om
Company name used as payee
above)
Confect namc:
Melanie Grif'fln
TYde:
Accounts Receivable Manager
Address:
12]10 Research Blvd Suite 240
City, State, ZIP
Ausrin, TX 98759
Telephone:
0512) 250-2910
8mai1:
mgrit£ n�heliaswnstruction.com
Office servicing Collfer
County [o place order®
(required if different from
above)
Contact name:
Tide:
Address:
City. Stele, ZIP
Telephone:
Email:
Secondary Contecf for this
Solic:teHon:
email:
Phone:
O
C0148Y COUVIIy
Administrative Services Department
Procurement Services Drvis'wn
FORM 11 - IMMIGRATION AFFIDAVIT' CI',R'fIFICA'I'ION
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation
submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at
the time of the submission of the Vendor's proposal, Acceptable evidence consists of a copy of the properly completed E -Verify
Company Profile page ora 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 F -Verify program may deem the Vendors proposal as 11011 -
responsive.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act ("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such
Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to
provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Namc Hellas Construction Inc.
Print Name Jack Adams Title Vice President of Estimatini
Signature Date April 30.2018
State of Texas
County of Travis
The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this
affidavit to interrogatories hereinafter made. wwl a
µY AU��i CLARIBEL BONILLA
131479434 >�°' riY Notary Public, State of Texas
Commission No.: � •}r`, Comm. Expires 03-07.2022
ti'`� Notary ID 131478434
H
O � r Cpr4nrdr
r.+a„wx.aw. ae,ua.� ».n
ROIiM l2 - VRNnOR SV RRTtruTT•. W — 9
Regnea[ t r TnzPRYer' itl¢nHOcntlon Number and Cer411icntlon
Ina ordance with the ]nternal Rov¢nue Service rcgulnlions, Collier County is roquired m collnot the following Infonna[ion
for tax rapmYing purposes from individuals and companies who do bustnesa with the County (inclutling social security numbers
if used by the intlividnN o mpeny for tax reporting purposes). Plorida StaW[e 119.001(4) requires that the county
notify yoR in writing of the reason for collecting this informe[tov, which will be used for no other propose than herein smtod.
Please complete all int rmation that applies to your business and return wish your quete or Proposal.
1. General tnformntlon (provide all inf rmation)
2.
(as shown rnr lac/Io(m¢ rax rennin)
Atldrroae ,27104%da�6Trns(��SL prep l.e+'name) City
Stats
Telephone (4121 240-2910 P_maii d lriih
Order In Pormntipn (Must bn filled out) Remlt/ 1'nyment Lrtormntlon (Mwftip tllledou[)
Adtlress 12>IO Research ftivd Suile 240 Address
City Austin Sato Texas Zip 78749 City Aux gtnteTexas yip >g>49
Email JAdamsCrdhellrasn_uns[nwtio_oro. _ Email_m6riflnQhollaseonstruction.com
_Intlrvitlun / So a Proprietor
lf—Comm�ation _Pmtnership
_Tax Fxemp[ Pederal income tax-exempt emityY
antler In[emal Revenue Setvtce guidelines tRC
401 (¢) 3)
Limited Lin 6ty Company
C Enter the tax clnasiticntlon
(D = Disregarded latl/ry, C — Corporwrion, P — pmvnershtp)
3. Taxpayer ldentl0cntlon Nvmber�rinsr porlprgpa+posar only)
Pedm'al 9'ex Identification Namber (-CIN) 2 -0074438
Vendors who do not ]rave a l'IN will be rer uir¢d <o vide a aciel securit tuber eior [o an award .
4. Sign and Dat¢ Rotmr CerllflcaRnn:
9
O
FORM 13 - BIDDERS CHECKLIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed in Bidsync:
1. Construction bid instructions form
2. Construction services agreement
3. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
I , Bid Form (Form 1) 8. Insurance and Bonding Requirements (Form 8)
2. Contractors Key Personnel (Form 2) 9. Conflict of Interest Affidavit (Form 9)
3. Material Manufacturers (Form 3) 10. Vendor Declaration Statement (Form 10)
4. List of Major Subcontractors (Form 4) It. Immigration Law Affidavit Certification
5. Statement of Experience (Form 5) (Form H)
6. Trench Safety Act (Form 6) 12. Vendor Substitute W-9 (Form 12)
7. Bid Bond Form (Form 7) 13. Bidders Checklist (Form 13 -this form)
9. Copies of required information have been attached
1. Company's E -Verify profile page or memorandum of understanding
2. Certificate of Authority to Conduct Business in State of Florida
3. Any required professional licenses - valid and current
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been
submitted.
11. Bid Specified Requirements, as follows, are included and attached
1. Copy of Certification by the American Sports Builders Association
2. Certification for Installation of AstroTurf products
3. Evidence of Experience with the FIFA Pro Certification Process
4. Minimum of ten (10) similar Synthetic Turf Multi -Use Athletic Fields construction projects which
have been completed in the last five (5) years that are similar in scope and size
5. Statement by owner of playing field construction company that no present or past legal action over the
last seven years as a result of poor workmanship, warranty issues, etc.
6. Number of fulltime employees on staff that specializes in synthetic turf playing field construction
7. Playing Field Contractors Jobsite Superintendent, similar playing field experience, and telephone
contact number
8. Preliminary playing field construction schedule.
12. Any addenda have been signed and acknowledgement form attached and included.
13. The Bid will be uploaded in time to be received no later than the specified opening; date and time, otherwise
the Bid cannot be considered.
.Hellas Construction Inc.
Bidder Name
of Estimating April 30 2018
Signature & Title Date
N
f5" a'Wm
vNewport Drive, suite 200
rme»/Hill, »anz/mm
966`50/-Aaax(2722)
410.730,9595
January 1CL2O18
This will verify that Matt Schnitzler currently employed by Hellas Construction, Inc. with an
address of 12710 Research Blvd., Austin, TX 78759 has been awarded the designation of
Certified Track Builder (CTB) in the American Sports Builders Association (ASBA).
The Certified Builder Program was developed by the ASBA to help raise professional standards
and toimprove the practice oftennis court, running track and sports field construction. in
order to obtain the certification designation, Mr. 5chnitz|er has passed a comprehensive
written examination on construction and maintenance, and has fulfilled prescribed standards of
experience todemonstrate ahigh level ofexpertise inconstruction.
The certification of Mr. Sohn\tr|Or was awarded in 2004, and n2nnNDs in effect as |uDg as the
individual maintains the designation. The designation iamaintained bycompiling aprescribed
number ofactivity points for work done within the industry, orbyre-taking the exam.
Certification i5valid for three years following the original date and i2maintained inthree-year
increments thereafter.
Certification is an individual designation, and is not awarded to, nor applicable to, the company
for whom the certified individual works.
Should there be any question about the certification program, or about Mr. Schnitzler's
designation, please contact A58Aat886-5U1-A38A/I7ZZ\.
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Evidence of experience with FIFA Pro Certification Process
Canada College
San Mateo Community College District
4200 Farm Hill Blvd.
Redwood City, CA 94061
Scope: r) s t. r u ct i and I u f Inst 11aIion
Sports:
Completion Year: 2014
Contact Person:, I ai6:50 '.M -?3-
HELLASCONSTRUCTION.COM
12710 Re.v.wch Blvd, suiteMO o Austio,YX 078,'/59
N
.�
Evidence of experience with FIFA Pro Certification Process
Skyline College
San Mateo Community Collage Olstrict
3300 Collages Dr.
San Bruno, CA 94006
Scope: Fiultl<bnxt n¢alon anal "torr lru'[alla[iun
Sports: so=cer (If`A anProveat nu(
Completion Year: )n1n
Contact Pelson: CbrisHn iw - FiSO-:3JHJ362
12')10 I2csuaYcb BIVd. Sul[e 240 � Austin, TX � 98959
�O
_- ..,
Evidence of experience with FIFA Pro Certification Process
Univeristy of Nebraska
UNO Caniglla Fieltl
6001 Ootlga Street
Omaha, NE 68162
Scope 19eLL1 Cons'h'uctlnn zntl Turt InsC iJlaUnn
SPortS sourer FlPq xpprovetl Curl'
Completion Year: 2013
Contact Person: Wnit burr - 4u2-s5A-2500
HELLAECONST0.UCTION.COM
127Y0 RezearcA 6Wtl. Suite 2A0 � PusUn, TX � OS')59
1-lella�s
AFFIDAVIT
I, Paed J. Seaton, President of Hellas Construction, Inc. do hereby certify on behalf of
Helles Construction, Inc. that Boartl of County Commissioners Collier County, Florida
has NO present or past legal action and or Iltigatlon against the Hellas over the past
seven (7) years as a result of poor workmanship, warranty issues, non-payment to any
sub -contractors and or project delays. -
Subscribed and sworn to before ma this �Q days of Aori1 of 20]$.
Helles Construction, Inc.
By:
aed J. Ss n
Notary Public, Claribal Bonilla
My Commission Expires: March 7, 2022
l2>la RasaarcM1 61vd. suit¢ 290 Auatln, TX >a7S9 I office (5l2> 250-2910 � fax <Sl2) 250-1960 �O
ilei lascenslrucll an.com
COI IUN.�
April 30, 20'18
Boartl of Couniy Commissioners
Collier County Government Complex
Naples, Florida 341 � 2
Re: Response for Bid Specific Requirements 11 .6
To whom it may concern:
As of today, Hellas construction, Inc. has 293 full time employees specialize in
synthetic turf playing field construction.
Should you have any question or comments, please contact ma.
Sincerely,
��
ck Adams
Vices President of Estimating
9
O
Kirk Welsh
gal I -arcs Aikei, ,nth C .nlina L9UC>3
PIIONI - - 1-; ES'� - E-MAIL LTkwp� II-: ,mSL 1'- � vum
EMPLOYMENT HISTORY ANO SPORTS FIELD CONSTRUCTION EXPERIENCE
Hellas Construcilon, Inc. - 201]
Pro%ec! Supar/ntandant
BB&T Socear Park
Advance NG
griington ISD
Arlingtan TX
Sports TurT Inc. - 2016-201]
January 2D18
Prn/Bc! Suporinlondanl
November 2010
H gM
GA
Eflingl am County Scl ool South
y g
Gurrtonistiq
Dalf'ign Park
SavannaF, GA
Scarborough Park
Savannah. GA
Burk¢ Cow�ty High SCFooI
Waynaxbom, GA
6rouP - 2016
3Pa
SUR>a/intandentn
Ballpark nl the Palm Baacbas
Wast Pahn B¢acF. FL
nginooring 2015
PPoxctTMnna
1 gar
Tha Gilman School
Towson, MD
Montre0t Collage
Monlresat. NG
Dean Collage
Fran kkn, MA
[ Joseph by tba Saa Fligh Scholl,
Staten Island. NV '
Boman Catholic ArcFdloa'.¢se of Naw York
FIELDS, Inc. - 2014
P jacl SUA>arinlandan!
Joint V ohne Major Leagva Sasahall and
Iho Cal Ripkan, Sr. Foundation
Lalroba Parti
Baltimore. MD
Parti
MN
Le�Hl Ps �K!
M(nneaiapiolls,
XCEL Fie/d
M/nneapo/ls, MN
AairoTurf, LLC 2009-2012
Pro/act Manager
Jamas Madison Univarsit y.
Harr nburg, VA
NCAA Soccer and MUltipurposo Pioltl, Now Gonslr'uc[ion
Bt Josaph'a Univarsiey: Field Hockey Field Philadelphia. PA
EDUCATION
F-1e11as
Ohio Btata UnWaralty Agricultural Technical InalJtute
Landscape Daslgn and Tu>/grass Manag¢man!
CERTIFICATIONS
Ohio Btata UnWaralty Agricultural Technical InalJtute
Landscape Daslgn and Tu>/grass Manag¢man!
CERTIFICATIONS
30 -Hour Conxlnrction Training Courses, Occupational Sataty and Health Atlmini8b'ation
January 2018
HAZWOPEB 24 -Hour Courses. Associatotl Gan¢ral Contractors of America
January 2D18
9tormwatar Manayamant During Construction, Environmental Protection Agency
November 2010
Lav¢I lA GNrtitiatl Parspnnal, Georgia Soil and Westar C.onsarvahnn Commisgion
March, 201]
MELLASC ONSTR UCTI O N.COM
12]1 O Fics¢arch Blvd. Suite 240 � AusUn, TX � ]6]59
O
V" A . W H h L"Aa
EMPLOYMENT HISTORY CONT.
��� 8naomyo/d �nno ` Nxan�mW�Cum|ina ' oSO03 PH�NE
'��z�04'8�m ^ E-�N�ki/kw@)|�eUemmn�mdiun�om
'
AstroTurf, LLC, continued
University oxRichmond: Field HuckoyField
Richmond, VA
University o(Virginia's College atWise
Wise, VA
Western NbornadeHigh School, A|b*mudoCounty Public Schools
Crozet, VA
A|bemmdeHigh School, /VhemodnCounty Public Sohmdn
Charlottesville, VA
Duke. University: Baseball Field, Renovation
Durham, NO
Durham County Memorial 0adium, Durham County: County Recreational
Durham, NO
Football Field
Gnod|m Park, City of Hialeah
Hia|oah, FI.-
LTroFioanaDomo.TampoBayRayu:|ndnnrBaeahaUField.Ronoveioo.2011
-1 ropicana Dome, Tainpa Bay Rays: Indoor Baseball Field, Renovation, 2011
Saint Petersburg, FL
Charlotte Sports Park, TumpaBay Rays
Port Charlotte, [L
Ed Smith 8|adium, Baltimore Orioles
Sa,axo\u, FL
James Madison University, NCAA Baseball and Softball Fio|do.Ne*Construction
Harrisonburg, VA
ThirtyThi,d Street Boys and Girls C1ubcdBaltimore, Qd Ripxan, Sr. Foundation
Bdhmore, MD
F|uvannuCounty High School, F|uvannoCounty Public Schools
Palmyra, VA
\monnioW High Gohno(, Fairfax County Public Schools
ChunN|y, VA
University u/Maryland, College Pn,k�Field HockeyField: Renovation
College Park, MID
Davis Senior High Schoo|, Davis Joint Unified School District
Davis. CA
Havm Do Grace High Sohoo|, HuNu,d County Public School System
Havre Do Grace, MD
Fort Lea. United 8tataaAnny: Barrack Exercise Fields: New Construction
Fort Lue, VA
Huntington Mu||, United Service Organizations
Newport News, VA
Calvert Hall College High School,
To«mon, MD
Do La Salle Christian Brothers Watauga IF 8)ohno|, VVnkavga County
Boono, NO
School District: Mu|hopon Complex Robon E, Lee High Sohoo|, Fairfax County
Spring|ie|d, VA
Public Schools: Football and Soccer Field
Monticello High School, Ah|o*adeCounty Public Schools
Charlottesville, VA
Bailey Road Park, Town o(Cornelius
Como|iva, NO
VVi||iamA, HouOhHigh SdhoN.Cha riot te'Meok|enhm'gGcxmda. MuKi'SportField
Cornelius, NO
ElPauoNyhSchool, BPaso Independent School Di$nct� Foo(ba||and Soccer Fields
E|Paso, TX
Andress High Srhoo|, B Paso \ndnpnndentSohoo| Dist/id: Football and 8ocoerFielda
B Paso, TX
Burgess High School, E| Paso Independent School District: Football and Soccer Fields
B Paso, TX
Franklin HiOh Suhno|, E| Paso |ndopond*r8SohoW District: Football and Soccer Fields
B Paao, TX
Medallion Athletic Products '2O08
6edinyGobmmttadm
Watauga County Soccer Leogvo Boone, NO
Appalachian State University: Soccer Stadium and SoocerComp|ex� 800no, NO
The LandTwkGroup, Inc, ' 2002-2004' 2007
Pi-oject Manuym,
While Plains High School, While Plains Public School District: Mu|depodFaciUUoo White Plains, NY
White Plains Middle School, White Plains Public School District: MoWopon Facilities Whim P|aino, NY
Bloomingdale Park, New York City Department of Parks and Recreation Staten Island, NY
McClean Youth Soccer Association McClean, VA
Pnqooa Valley High School. PeqocaValley School District: Fmdbd| ond Soccer Field Kinzem, PA
Mm|pbruaConstruction Company, Inc. ' 2006-2007
Project Managei,
8uvkwaKor Regional Purk and Recreation Center, Town of B!ofKon 8|uK|on, SC
HELLASCONSTRUCT|ON.COM
12,18Research Blvd. Suite 240'Austin, TX^7V75S
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State of Florida
Department of State
I certify from the records of this office that HELLAS CONSTRUCTION, INC.
is a Texas corporation authorized to transact business in the State of Florida,
qualified on March 22, 2004.
The document number of this corporation is F04000001749.
I further certify that said corporation has paid all fees due this office through
December 31, 2016, that its most recent annual report/uniform business report
was filed on January 29, 2016, and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Twenty-ninth day of March,
2016
r
SBCYL'%(lYy ofState
Tracking Number: CU0731779385
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https:Hscrvices.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
. CONSTRUCTION INDUSTRY LICENSING BOARD
2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399-0783
SCHNITZLER, MATTHEW CARL
HELLAS CONSTRUCTION INC
12710 RESEARCH BLVD SUITE 240
AUSTIN TX 78759
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order
to serve you better. For information about our services, please
log onto www.myfloridalicense.com. There you can find more
Information about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new license!
RICK SCOTT, GOVERNOR
LICENSE NUMBER'
(850) 487-1395
r ' STATE OF FLORIDA
5 DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CGC1520756 1SSUED: .08/24/2016
CERTIFIED GENERAL CONTRACTOR
SCHNITZLER, MATTHEW'.GARL`
HELLAS CONSTRUCTION INC
IS CERTIFIED under the provisions of 6.489 FS.
Expiration dale : AUG 31, 2018 L1608240002882
DETACH HERE ,
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
The GENERAL CUNT KAU I UK
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2018
SCHNITZLER, MATTHEW CARL
HELLAS CONSTRUCTION INC
12710 RESEARCH BLVD SUITE,
AUSTIN TX 78759
ISSUED: 08/24/2016
LLEJ� U
,4p
DISPLAY AS REQUIRED BY LAW sEQ # L1608240002882
nl •I(.�
mill
VerifF.-y, E-VERXi'( ,5 A SE VICE nr WIS
Company ID Number: 224122
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF
UNDERSTANDING FOR DESIGNATED AGENTS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this Agreement are the Department of Homeland Security (DHS), and Hellas
Construction, Inc. (Designated Agent). The purpose of this Agreement is to set forth terms by
which SSA and DHS will provide information to Hellas Construction, Inc. (Designated Agent)
on behalf of the Designated Agent's client (the Employer). This MOU explains certain features
of the E -Verify program and enumerates specific responsibilities of DHS, SSA, the Employer,
and the Designated Agent. References to the Employer include the Designated Agent when
acting on behalf of the Employer. E -Verify is a program that electronically confirms an
employee's eligibility to work in the United States after completion of the Employment Eligibility
Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the
employment eligibility of all newly hired employees and all existing employees assigned to
Federal contracts.
The Employer is not a party to this MOU. The E -Verify program requires an initial agreement
between DHS and the Designated Agent as part of the enrollment process. After agreeing to the
MOU as set forth herein, completing the tutorial, and obtaining access to E -Verify as a
Designated Agent, the Designated Agent will be given an opportunity to add a client once
logged into E -Verify. All parties, including the Employer, will then be required to sign and submit
a new MOU. The responsibilities of the parties remain the same in each MOU,
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
SSA agrees to provide the Employer (through the Designated Agent) with
available information that will allow the Employer to confirm the accuracy of Social
Security Numbers provided by all employees verified under this MOU and the
employment authorization of U.S. citizens.
SSA agrees to provide the Employer and Designated Agent appropriate
assistance with operational problems that may arise during the Employer's
participation in the E -Verify program. SSA agrees to provide the Designated Agent
with names, titles, addresses, and telephone numbers of SSA representatives to
be contacted during the E -Verify process.
1
s-
E -Verifyµ
Company ID Number: 224122
3. SSA agrees to safeguard the information provided by the Employer through the E -
Verify program procedures, and to limit access to such information, as is
appropriate by law, to individuals responsible for the verification of Social Security
Numbers and for evaluation of the E -Verify program or such other persons or
entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C.
§ 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20
CFR Part 401).
4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or
tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal
Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative
nonconfirmations that is designed to provide final confirmation or nonconfirmation
of U.S. citizens' employment eligibility and accuracy of SSA records for both
citizens and aliens within 10 Federal Government work days of the date of referral
to SSA, unless SSA determines that more than 10 days may be necessary. In
such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
After SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS
agrees to provide the Employer (through the Designated Agent) access to selected
data from DHS's databases to enable the Employer (through the Designated
Agent) to conduct, to the extent authorized by this MOU:
• Automated verification checks on alien employees by electronic means
and
Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer and Designated Agent appropriate
assistance with operational problems that may arise during the Employer's
participation in the E -Verify program. DHS agrees to provide the Designated Agent
names, titles, addresses, and telephone numbers of DHS representatives to be
contacted during the E -Verify process.
3. DHS agrees to provide to the Employer (through the Designated Agent), the E -
Verify User Manual containing instructions on E -Verify policies, procedures and
requirements for both SSA and DHS, including restrictions on the use of E -Verify.
DHS agrees to provide training materials on E -Verify.
4. DHS agrees to provide to the Employer (through the Designated Agent) a notice,
which indicates the Employer's participation in the E -Verify program. DHS also
agrees to provide to the Employer (through the Designated Agent) anti-
discrimination notices issued by the Office of Special Counsel for Immigration -
Related Unfair Employment Practices (OSC), Civil Rights Division, U.S.
Department of Justice.
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Company ID Number: 229'122
5. DHS agrees to issue the Designated Agent a user identlficatlon number and
password that will be used exclusiv¢ly by the Designated Agent, on behalf of the
Employer, to verify information provided by alien employees with DHS's databases.
6. DHS agrees to safeguard the Information provided to DHS by the Employer
(through the Designated A9ant). end to limit access to such information to
individuals responsible for the vari£catlon of alien employment eligibility and for
evaluation of the E -Verify program. or to such other persons or entities as may ba
authorized by applicable law. information will be used only [o verify the accuracy of
Social Security Numbers and employment eligibility, to enforce the Immigration and
Nationality Act (INA) and Federal criminal laws, and to administer Federal
contracting requirements.
7. DHS agrees to provide a means of automated verification that is desig nad (in
conjunction with SSA verification procedures) to provide confirmation or tentative
nonconfirma[ion of employees• employment eligibility within 3 Federal Government
workdays of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative
nonconfirmations and photo non -match tentative nonconfirmations that is designed
to provide final confirmation or nonconfirmation of the employees' employment
eligi bilily within 10 Federal Government work days of the data of referral to DHS,
unless DHS determines that mora than 10 days may be necessary. In such oases,
DHS will provide additional verification instructions.
C. RES PON3161 CITIES OF THE EMPLOYER
1. Tha Employer shall display the notices supplied by DMS (through the Designated
Agenl) in a prominent pleas that is clearly visible to prospective empleyees and all
employees who era to be verified through the system.
2. Tha Employer shell provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted ragartling E -
Verify.
3. The Employer shall become familiar with and comply with the most recent version
of the E -Verify User Manual. Tha Employer will obtain the E -Verify User Manual
from [ha Designated Agent.
4. The Employer shall comply with current Form 1-9 procedures, with lwo exceptions:
• If an employee presents a "List B" identity document, the Employer agrees
to only accept "List B" documents that contain a photo. (List B documents
identHied in B C.F.R. § 274a.2(b)(1 )(B)) can ba presented during the Form
I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E -Verify at
1 -BBB -464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or
Form I -76B (Employment Authorization Document) to complete the Form 1-
9, the Employer agrees to make a photocopy of the document and [o retain
Pages 3 DI 151E-VenN MOV far UndrBrW '+J AganllRovmwn Uotclf129/OB
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Company ID Number: 224'122
the photocopy with the em ployea's Form I-9. The employer will use the
photocopy to verify the photo and to assist DHS with its review of photo
non -matches [hat era contested by employees. Note that employees retain
the right to present any List A, or List B and List C, documentation to
complete the Form I -g. DHS may in the future designate other documents
that activate the photo screening tool.
5. Pa rticipatlon In E -Verily does not exempt the Employer from the responsibility to
tom plate, retain. and make avails bla for inspection Forms 1-9 that relate to its
am ployaes, or from other requirements of applicable regulations or laws, Including
the obligation to comply with the antidiscrimina[lon requirements of section 2746 of
the INA with respect to Form I-9- procedures, except far the following modified
requirements applicable by reason of the Employer's participation in E -Verify: (1)
identity documents must have photos, as described in paragraph 4 above; (2) a
rebuttable presumption is established that the Employer has not violated section
274A(a)(1 )(A) of the Immigration and Nationality Act (INA) with respect to the hiring
of any individual if it obtains confirmation of the identity and employment elig lbility
of the intlividual in compliance with [he terms and conditions of E -Verify; (3) the
Employer must notify DHS if it continues to employ any employee after receiving a
final nonconfirmation, and is subject to a civil money penalty between $550 and
$1,100 for each failure to notify DHS of continued employment Follow'�ng a final
nonconfirmation; (4) the Employer is subject [o a rebuttable presumption [hat i[ has
knowingly employed an unauthorized alien In violation of section 274A(a)(1)(A) if
the Employer continues to employ an employee after receiving a Pinel
nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or
trim lnally liable under any law for any action taken in good faith based on
information provided through the confirmation system. DHS reserves the right to
conduct Form I-9 compliance inspections during the course of E -Verify. as well as
to conduct any other enforcement activity authorized by law.
6. Tha Em ployar shall initiate E -Verify verification procedures (through the
Designated Agan[), for new employees within 3 Employer business days after each
am ploysa has been hired (but after both sections 1 and 2 of the Form I -g have
been completed), and to complete as many (but only as many) steps of the E-
Varify process as are necessary according to the E -Verify Usar Manual. The
Employer is prohibited from initiating verification proeed urea before the employee
has bean hired and the Form I-9 completed. If the automated system to be queried
is temporarily unavailable, the 3 -day time period is extended until it is again
operational in order to accommodate the Employer's attempting, in good faith, to
make inquiries during the period of unavailability. In all cases, the Employer
(through the Designated Agent) must use the SSA verification procedures first, and
use DHS verification procedures and photo screening tool only after the SSA
verification response has bean given. Employers may in itlais verification, through
the Design a[ed A9en[, by notating the Form I-9 in circumstances where the
a mployea has applied fora Social Security Number (SSN) from the SSA and is
waiting to receive [ha SSN, provided [hat the Employer (through the Designated
Agent) pertorms an E -Verify employment verification query using the employee's
SSN as soon as the SSN becomes available.
The Employer may not use E -Verify procedures for pre-employment screening of
job applicants, in support of any unlawful ampleymant practice, or for any other use
... .. ...... CAO
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Company to Number: 224'122
not authorized by this MOU. Employers must use E -Verify (through its Desig Hated
Agent) for all naw employees, unless an Employer is a Fedarel contractor that
qualifies for the exceptions described in Article II. D.t.e. Except as provided in
Article II. D, the Employer will not verify selectively and will not verify employees
hired before the affective date of this MDU. Tha Employer understands that if the
Employer uses E -Verify procedures for any purpose other than as authorized by
this MOU, the Employer may ba subject to appropriate I¢gal action and termination
of its access to SSA and DHS Information pursuant to this MOU.
8. Tha Employer (through the Designated Agent) shall follow appropriate procedures
(s¢s Article III. below) regarding tentative nonconfirmations, including notifying
employees of the finding, providing written referral instructions to em ployaes,
allowing employees to contest the finding, and not taking adverse action against
am ployaes if they choose to co mast the finding. Further, when am ployaes contest
a tentative nonconfirmatlon based upon a photo non -match, the Employer is
required to take affirmative steps (see Article III. B. below) to contact DHS with
information necessary to resolve the challenge.
9. Tha Employer shall not take any adverse action against an employee based upon
the employee's perceived employment eligibility status while SSA or DHS is
processing the veriflcation request unless the Employer obtains knowledge (as
defined in 8 C.F.R. § 274 a.1 (p) that the employee is not work authorized. The
Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmatlon, acase
in continuance (indicating the need for additional time for the government to
resolve a case), or the finding of a photo non -match, does not eatablis h, and
should not b¢ interpreted as evidence, that the am ployea is not work authorized.
In any of the cases listed above, the employee must ba provided a full and fair
opportunity to contest the finding. and if he or she does so, the employe¢ may not
ba terminated or suffer any adverse employment consequences based upon the
em ployea's perceived employment eligibility status (including denying, reducing, or
extending work hours, delaying or preventing training, requiring an employee to
work in poorer conditions, refusing to assign the employee to a Fadaral contract or
other assignment, or otherwise subjecting an employee to any assumption that ha
or she is una u[horized to work, or otherwise mistreating an am pioyae) until and
unless secondary verif{cation by SSA or OHS has bean completed and a final
non confirmation has been iss uad. If [ha employee does not choose to contest a
tentative nonconfirmatlon ora photo non -match or if a secondary veriflcation is
completed and a final non confirm anon Is issued, then the Employer can find the
e mployea is not work authorized and terminate the ¢m ployea's employment.
Employers or em ployaes with questions about a final nonconfirmatlon may call E-
Varify al 7-888-464-4218 or OSC at 1-800-255-8755 or 7-800-237-2575 (TDD).
10. Tha Employer shall comply w{th Title VII of the Civil Rights Act of t964 and section
2746 of the INA by not dlscrim inating unlawfully against any individual in hiring.
firing, or recruitment or referral practices because of his or her national origin or, in
the case of a protected individual as defined in section 2746(a)(3) of the INA,
because of his or her citizenship status. The Employer shall not engage in such
illegal practices as selective verification or use of E -Verify except as provided in
part D below, or discharging or refusing to hire employees baeau se they appear or
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Company ID Number: 224'122
sound "foreign" or have received tentative nonco nfirmatlons. The Employer further
u nd¢rstands that any violation of the unfair immigration -related employment
practices provisions in section 2746 of the INA could subject the Em ployar to civil
penalties, back pay awards, and other sanctions, and violations of Title VII could
subject the Employer to back pay awards, eompan satory and punitive damages.
Violations of elthar section 274B of the INA or Titles VII may also lead to the
termination of its participation in E -Verify. If the Employer has any questions
relating to the anti -discrimination provision, it should contact OSC at 'I-800-255-
8'155 or 'I -BOO -237-2515 (TDD).
11. The Employer shall record the cess¢ verification number on the em ployea's Form 1-
9 or to print the screen containing the case verification number and attach it to the
employee's Fonn 1-g.
12. The Employer will use the inform atlon It r¢ceives from SSA or DHS (through Its
Designated Agent) pursuant to E -Verify and this MOV only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer
agrees that it will safeguard this information, and means of access [o it (such as
PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including ensuring that it is not disseminated
to any person other than employees of [ha Employer who are authoriz¢d [o
pertorm the Employer's responsibil idea under this MOU, except for such
dissemination as may be authorized in advance by SSA or DHS for legitimate
purposes.
13. The information that the Employer receieves through the Designated Agent from
SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)('I) and (3)) and the Social
Security Act C42 U.S.C. '1308(a)), and that any parson who obtains this information
under false pretenses or uses it for any purpose other than as provided for in this
MOU may be subject to criminal penalti¢s.
14. The Employer agrees to cooperate with DHS and SSA in their compliance
monitoring and ¢valuation of E -Verify, including by permitting DHS and SSA. upon
reasonable notice, to review Forms I-9 and oth¢r employment records and to
Interview it and its employees regard ing the Em ployar's use of E -Verify, and to
respond in a timely and accurate manner to DHS requests for information relating
to their participation in E -Verify.
D. EMPLOYERS THAT ARE FEDERAL CON"fRACTO RS
�. If the Employer la a Federal contractor subject to the employment verification terms
in Subpart 22.'18 of [ha FAR, it must verify the employment eligibility of any
"employee assig nad to the contract' (as defined in FAR 22.'180'1) In addition to
verifying the employment eligi bllity of all other employees requlrad to be verified
under the FAR. Once an employee has been verified through E-V¢rify by the
Employer. the Employer may not reverify the employee through E -Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer
that is not enrolled in E -Verify as a Federal contractor at the rima of a contract
award must enroll as a Federal contractor in the E -Verify program within 30
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Company ID Number: 224'122
calendar days of contract award and, within 90 days of enrollment, begin to
use E -Verify to initiate verification of am ployment eligibility of new hires of [he
Employar who are working in Lha United States, whether or not assigned to
the contract. Once the Employar begins verifying naw hires, such varificatlon
of naw hires must ba Initiated within 3 business days after the data of hire.
Once enrolled in E -Verify as a Federal contractor, the Employer must initiate
varificatlon of employees assigned to the contract within 90 calendar days
after the date of enrollment or within 30 days of an em ployae's assignment to
the contract, whichever data is later.
b. Federal contractors already enrolled at Lha time of a contract award:
Employers enrolled in E -Verify as a Federal contractor for 90 days or mora at
the time of a contract award must use E -Verify to initiate varificatlon of
employment eligibility for naw hires o7 the Employar who are working in Lha
Vnited States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled In E -Verify as a Federal
contractor for 90 calendar days or lass at the Lima of contract award, the
Employer must, within 90 days of enrollment, begin to use E -Verify to Initiate
varificatlon of new hires of the contractor who era working in Lha United
States, whether or not assigned to the contract. Such verification of naw hires
must be initiated within 3 business days after Lha data of hire. An Employar
enrolled as a Fadaral contractor in E -Verify must inttiata verification of each
employee assigned to the contract within 90 calendar days after data oT
contract award or within 30 days after assignment to Lha contract, whichever
is later.
c. Institutions of higher education, State, local and tribal governments and
sureties: Federal contractors that are institutions of higher education (as
defined at 20 U.S.C. 1001(a)), States or local governments, governments of
Fatlerally recognized Indian tribes, or sureties pertormin9 under a takeover
agreement entered into with a Federal agency pursuant to a partormanca
bond may choose to only verify naw and existing am ployaes assigned to the
Fetleral contract. Such Federal contractors may, however, elect to verify all
naw hires, antl/or all existing employees hired after Novam bar B, 1986. The
provisions of Article II, part D, paragraphs t.a and 1.b of this MOU providing
timeframes for initiating employment verification of employees assigned to a
contract apply to such Institutions of higher education, State. local and tribal
governments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Fadaral
contractors may elect to verify employment eligibility of all existing employees
working in the United States who were hired after Novam bar 6, 1986, instead
of verifying only those am ployees assigned to a covered Federal contract.
After enrollment, Employers must elect to do so only In the manner
designatetl by DHS and initiate E -Verify verification of all existing em ploys ea
within 180 days after the election.
e. Form 1-9 procedures for Fetleral co ntrac[ors: Tha Employer (through its
Designated Agent), may use a previously completed Form I-9 as the basis
for initiating E -Verify verification of an employee assigned to a contract as
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Company ID Number: 229'122
long as that Form 1-9 is complete (including the SSN), complies with Article
I1. C.4, the employee's work authorization has not expired, and the Employer
has reviewed the information reflected in the Form I-9 either in parson or in
communications with the employee to ensure that the employee's stated
basis in section 1 of iha Form 1-9 for work authorization has not changed
(including. but not limited to, a lawful permanent resident alien having
become a naturallzad V.S. citizen). If the Employer is unable to determine
that the Form I -g eom plies with Article II.C.4, if the employee's basis for work
authorization as attested In section 1 has expired or changed, or if the Form I-
9contains no SSN or is otherwlsa incom plate, the Employer shall complete a
new 1-9 consistent with Article II.C.4, or update the previous 1-9 to provide the
necessary Information. If section 1 of the Form 1-9 is otherwise valid and up -
to -data and the form otherwise complies with Article II. C.4, but re Flacts
documentation (such es a U.S. passport or Form I-55'1) that expired
subsaque nt to completion of the Form I -g, the Empleyar shall not require the
production of additional documentation, or use the photo screening tool
described in Article II. C.4, subject to any additional or superseding
instructions [hat may be provided on this subject in the E -Verify Vsar Manual.
Nothing In this section shall be construed to require a second verification
using E -Verify of any assigned employee who has previously been verified as
a newly hired employe under this MOV, or to authorize verification of any
existing employee by any Employer that is not a Federal contractor.
2. If the Employer is a Federal contractor, its compliance with [his MOV is a
pertormanca requirement under the t¢rms of the Federal contract or subcontract,
and the Employer consents to [ha release of information relating to compliance
with its verification responsibilities under this MOU to contracting officers or other
officials authorized to review the Employer's compliance with Federal contracting
requirements.
E. RESPONSI BI LITIE8 OF DESIGNATED AGENT
1. The Dasi9 Hated Agent agrees to provide to the SSA and DHS [ha Hamas, titles.
addresses, and telephone numbers of the Designated Agent represe n[ativ¢s who
will be accessing information under E -Verify.
2. The Designated Agent agre¢s to become 7amiliar with and comply with the E -Verify
User Manual and provide a copy of the manual to the Employer so that the
Employer can become 7amiliar with and comply with E -Verify policy and
procedures
3. The Deslgnat¢d Agent agrees that any Designated Agent Representative who will
pertorm employment verification queries will complete the E -Verify Tutorial before
that individual initiates any queries.
A. Tha Designated Agent agrees that all Designated Agent representatives
will la ka the refresher tutorials Initiated by the E -Verify program as a
condition of continued use of E -Verify, including any tutorials for Federal
contractors if the Employer is a Federal contractor.
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Company ID Numbac 224922
B. Failure to complete a refresher tutorial will prevent the Designated
Agent and Employer from continued use of [he program.
4. The Designated Agent agrees to abtaln the necessary equipment to utilize E -
Verify.
5. The Designated Agent agrees to provide [ha Employer with the notices described
in Article II.B.4 above.
8. Tha Design sled Agent agrees to initiate E -Verify procedures on behalf of the
Employer in accordance with the E -Verify Manual and E -Verify Web -Basad
Tutorial. Tha Designated Agent will query [he automated system using information
provided by the Employer and will immediately communicate the response back to
the Employer. If the automated system to be queried Is temporarily unavailable,
the 3 -day time period Is extandetl until i[ is again operational in order to
accommodate the Designated Agent's attempting, in good faith, to make inquiries
on behalf of the Employer during the period of unavailability. In all cases. the
Design atad Agent will use the SSA verification proced urns first, and will use DHS
verification procedures only as directed by the SSA verification response.
7. The Designated Agent agrees to cooperate with DHS and SSA in their compliance
monitoring and evaluation of E -Verify, including by permitting DHS and SSA, upon
reasonable notice, to review Forms I-9 and other employment records and [o
interview it and Its employees regarding the use of E -Verify, and to respond in a
timely and accurate manner to DHS requests for information relating to their
pa rticipaticn in E -Verify.
ARTICLE III
REFERRAL OF INOIVID VALS TO 33A AND DHS
A. REFERRAL TO SSA
t. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer
must print the tentative nonconfirmation notice as directed by the automated
system and provide It to the employee so that the arnployea may determine
whether he or she will contest the to native nonconfirmation.
2. Tha Employer will refer employees to SSA /laid offices only as directed by the
automated system basad on a tentative nonconfirmation, and only after the
Employer records the case van/ication number, reviews the Input' to detect any
transection errors, and determines that the employee contests the tentative
nonconfirmation. The Employer (through the Designated Agent), will transmit the
Social Security Number to SSA for verification again if this review indicates a need
[o do so. The Employer will determ ins whether [he employee contests the tentative
nonconfirmation as soon as possible after the Employer receives it.
3. If the employee contests en SSA tentative nonconfirmation, the Employer will
provide the employee with a system -generated referral latter and Instruct the
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E,, -Verify E YCArr`Y, Iv" A sv,i�F
Company ID Number: 224122
employee to visit an SSA office within 8 Federal Government work days. SSA will
electronically transmit the result of the referral to the Employer (through the
Designated Agent) within 10 Federal Government work days of the referral unless
it determines that more than 10 days is necessary. The Employer agrees to check
the E -Verify system regularly for case updates.
The Employer shall not ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social
Security Number from the SSA.
B, REFERRAL TO DHS
If the Employer receives a tentative nonconfirmation issued by DHS, the Employer
must print the tentative nonconfirmation notice as directed by the automated
system and provide it to the employee so that the employee may determine
whether he or she will contest the tentative nonconfirmation.
2. If the Employer finds a photo non -match for an employee who provides a
document for which the automated system has transmitted a photo, the employer
must print the photo non -match tentative nonconfirmation notice as directed by the
automated system and provide it to the employee so that the employee may
determine whether he or she will contest the finding.
3. The Employer shall refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification
process or when the Employer issues a tentative nonconfirmation based upon a
photo non -match. The Employer will determine whether the employee contests the
tentative nonconfirmation as soon as possible after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer
shall provide the employee with a referral letter and instruct the employee to
contact DHS through its toll-free hotline (as found on the referral letter) within 8
Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non -
match, the Employer will provide the employee with a referral letter to DHS. DHS
will electronically transmit the result of the referral to the Employer within 10
Federal Government work days of the referral unless it determines that more than
10 days is necessary, The Employer agrees to check the E -Verify system regularly
for case updates.
6. If an employee contests a tentative nonconfirmation based upon a photo non -
match, the Employer shall send a copy of the employee's Form 1-551 or Form 1-766
to DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (furnished and
paid for by DHS).
7. If the Employer cannot determine whether there is a photo match/non-match, the
�-VeriFy ` ..� �^ ..
Company ID Number_ 224122
Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described In the preceding
paragraph, and resolving the case as speciFled by the Immigration Services Verlflar
at DHS who wlll determine the photo match or non -match.
ARTICLE IV
SERVICE PROVISIONS
The SSA and DHS will not charge the Employer or [he Designated Agent for verification
services pertorm ed under this MOU. DHS is not responsible for providing the equipment needed
to make inquiries. A personal computer with Internet access is needed to access the E -Verify
System.
ARTICLE V
PARTIES
A. Tnis MOU is effective upon the signatu r¢ of the parties, and shall continua in effect for
as long as the SSA and DHS Bond uct the E -Verify program unless modified in writing by
the mutual consent of all parties, or terminated by any party upon 30 days prior written
notice to the others. Any and all system anhancementa [o the E -Verify program by OHS
or SSA, including but not limited to the E -Verify checking against additional data sources
and instituting naw verification procedures, will ba cove rad under this MOU and will not
cause the need for a supplemental MOU that outlines these chs ngea. DHS agrees to
train employers on all changes made to E-Verlfy through the use of mandatory refresher
tutorials and updates to the E -Verify Usar Manual. Evan without changes to E -Verify,
DHS reserves the right to require Designated Agents to take mandatory refresher
lutortals. A Designated Agent for an Employer that is a Fadaral contractor may
tanninata this MOU when the Fadaral contract that requires the Employer's participation
in E -Verify is term lnatad or completed. In such a circumstance, the Designated Agent
must provide written notice to DHS. If the Designated Agent fails to provide such notice,
it will remain a participant in the E -Verify program on behalf of the Employer, will remain
bound by the terms of thls MOU that apply to non -Federal contractor participants, and
will be required to use [he E -Verify procedures to verify the employment eligibility of all
the Employer's newly hired employees.
B. Notwilhsta nding Article V, part A of this MOU, DHS may terminate access to E -Verify if it
is deemed necessary because of the requirements of law or policy, or upon a
determination by SSA or DHS that there has been a breach of system integrity or
security by the Designated Agan[ or the Employer, or a fail urs on the part of either to
comply with este bllahed procedures or legal requirements. The Designated Agent
understands chef if the Empioyar is a Fadaral contractor, termination of this MOU by any
party for any reason may negatively effect the Employer's pertorm ante of its contractual
responsiblliti¢s.
C. Some or all SSA and DHS r¢sponsibilitias under this MOU may be performed by
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E -verify :,�K�;�,
Company ID Number: 224122
contractor(s), and SSA and DHS may adjust verification responsibilities between each
other as they may determine necessary. By separate agre¢ment with DHS, SSA has
agreed to per/orm Its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural. enforceable at law by any third party against the United
Slates, its agencies, of8cars, or am playeas, or a9 ainst the Designated Agent, the
Em ployar, or their ag¢nts, officers, or employees.
E. Each party shall be solely responsible for tlefending any claim or action against it arising
out of or related to E -Verify or this MOU, whether civil or criminal, and for any lie bilily
wherefrom, including (but not limited to) any dispute between the Designated Agent or
the Employer and any other parson or entity regarding the applicability of Section 403(4)
of IIRIRA to any action taken or allag¢dly taken by [he Designated Agent or the
Employer.
F. Participation in E -Verify is not confidential information and may ba disclosed as
authorized or required by law and DHS or SSA policy, Including but not limited to,
Congressional ovarsig ht, E -Verify publicity and media inquiries, daterm inatlons of
compliance with Fadaral contractual requirements, and responses [o inquiries under the
Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and [he
Design atad Agent.
The individuals whose signatures appear below represent that they are authorized to enter into
[his MOU on behalf of the Designated Agent and DHS respectively.
If you have any questions, contact E -Verify at 1-888-464-42'18.
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0ompany ID Number:
925009
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My prnllle
DOIng BVaInBBB AB (OBA)
Employer Itlen 011eatlon Number:2]00]4538
Naw Vaer Manua:
To[al Number of Employeae: 100 10 999
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Cnarpa Pasawom
DUNS Number:
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To[al Number of Employeae: 100 10 999
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Palanl Olgenlzallop:
Atlmin latrator:
OrBanizatlon DOalgnatlon:
Employer Ca[apory: Normo of lheae calegorlea appy
NAILS COtle: 238 -SPECIALTY TRADE CONTRACTORS
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EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Kirk Welsh
Fausto Rozon
Matt Schnitzler
Personnel Category
Construction Superintendent
Project Manager
VP Construction
10
Construction Services Agreement: Revised 022018
EXHIBIT B-1: PUBLIC PAYMENT BOND
18-7339
Bond No.
Contract No. 18-7339
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety,
located at (Business
Add rass) are held and firmly bound to as Obligee In the
sum of ($ )for the
payment whereof wa bind ourselves, our heirs, executors, personal representatives, successors
and assigns, Jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for in
accordance with drawings and specifications, which contract Is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.050), 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, than 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 Burettes obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2j. In no avant
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 Hama of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
ii
conavu�+mn services ngrean,enr. fxo�iaea ozzcia Cq0
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTYC
BY:
NAME:
ITS:
PRINCIPAL
The foregoing instrument was acknowledged before ma this day of 20
by as of
a corporation, on behalf of the
corporation. He/she Is parsonaliy known to ma OR has produced as Ida Mification
and did (ditl not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commission No.: _
SURETY:
(Printed Name)
(Business Add rass
(Authorized Signatu ra)
(Printed Nama)
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As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Add rass)
(Telephone Number)
STATE OF
COUNTY OF
The forgoing in strumant was acknowledged before me this _day of
20 by as
of Surety, on
behalf of Surety. He/Sha is personally known to me OR has produced
as identification and who did (did not) take an
My Commission Expires:
(Signature)
Nam¢:
(Logi bly Prl ntad)
(AFFIX OFFICIAL SEAL) Notary Public, States of:
Commission No.:
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EXHIBIT B-2: PUBLIC PERFORMANCE BOND
18-7339
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No.
Contract No. 18-7339
Surety, located at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ lfor the payment whereof we bond ourselves, our hairs, exeeuto rs, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligati for
in
accordance with drawings and specifications, whid'I contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CON OITION OF THIS BOND is that If Principal:
1 . Performs the Contract at Lha Limas end in Lha manner prescribed in Lha Contract; and
2. Pays Obligati any and all losses, damages, costs and attorneys' Feas that Obligee sustains
because of any default by Principal under the Contract, Including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Pertorms Lha guarantee of all work and materials furnished under the Contract for the lima
specified in Lha Contract, than this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any fortnalitias 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 lima,
alterations or additions to Lha farms of the Contract or other work to ba performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to Lha
terms of Lha Contract or to work or to the specifications.
This instrument shall Ue construed in all respects as a common law bond. It is expressly
undarstoed that Lha time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will [he Surety be iia bla in the aggregate to Obligee for mora than the penal sum of
this Partormance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 the Hama of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL
Witnesses as to Principal
NAM
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before ma this _day of
20 by as
of a
corporation, on behaK of the corporation. Ha/she is personally known
to me OR has produced as
identification and did (did not) take an oath
My Commission Expires:
(Signature)
Names:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Publio, S[ata of:
Commission No.:
t6 OCon¢IrvUlon 5¢rvlca¢ AgraemenL ft¢vlsatl 022o1B �+ O
ATTEST:
wtnassas as to Surety
m
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Nama)
As Attorney in Fact
(Attach Power of Attorn¢y)
(Printed Name)
(Business Addr¢ss)
(Telephone Number)
The foregoing Instrument was acknowledged before me this _day of
20 by , as of
e Straty, on behalf of
Surety. He/She is personally known to ma OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Slgnatu re)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expanse, carry and maintain Insurance coverage from responsible
companies duly authorized to do business in the State of Florida as sat forth In EXHIBIT B of this
solicitation. The Contractor shall procure and mai ntaln property insu tante upon the en[Ire project,
if required, to the full insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors.
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 Contractor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Contractors, Oasign Consultants and
Subcontractors antl shall require each of them to include similar waivers in their contracts.
Collier County shall ba responsible for purchasing and mai n[aining 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 Coliler County", or, the specific solicitation number/contract number and
title.
Tha General Liability Policy provided by Contractor Yo meet the requirements of this solicitation
shall Hama Collier Cou My. Florida, as an additional insured as to the operations of Contractor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be Hamad as Collier County Board of County Commissioners, OR,
Board of County Commissioners to Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project dascript(on, or must read: For any and all work performed on behalf of Collier
County.
Tha amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Contractor has any self-insured reternions or ded ucti blas under any of the
below listed minimum required coverage. Contractor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial rasponsibllRy for such obligations. All self-insured retentions or deductibles
will ba Contractor's sola responsibility.
Coverage( shall be maintained withoutintarruption from the data 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.
Tha Contractor antl/or its insurance carrier shall provide thirty (30) days written notice to the
County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor.
The Contractor 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 Contractor from its insurer and nothing conte fined herein shall relieve Contractor
of this requirement to provide notice. In the avant of a reduction in the aggregate limit of any policy
to ba provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
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Should at any lima the Contractor not maintain the insurance coverage!_5J. required herein, the
County may terminate the Agreement or at its sole discretion shall ba authorized to purchase
such coveragej� and charge the Contractor for such coverages purchased. If Contractor 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 Contractor under this Agreement or any other
agreement between the County and Contractor. Tha County shall ba under no obligation to
purchase such insurance, nor shall it ba responsible for the coveragejs], purchased or the
insurance company or companies used. The decision of the County to purchase such Insurance
coveragej� shall in no way be construed to ba a waiver of any of its rights under the Contract
�ocumants.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Contractor shall furnish to the County renewal or replacement Certificata(s)
of Insurance not later than ten (10) calendar days after the expiration data on the certificate.
Failure of the Contractorto provide the County with such renewal cartificate(s) shall ba considered
justification for the County to terminate any and all contracts.
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confer County Fiorlda
Insurance and Bonding Requirem¢nts
Insurance/B¢ntl Type Required Limits
1. ®Worker's Compensation Statutory Limits of Plorida Statutes, Chapter 440 and all Federal Government Statutory
Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the
Stats of Plorida is requiretl. Entities that era formed sa Sole Proprietorships shall not ba
required to provide a proof of exemption. An application for exemption can be obtained
online at htms//avvs.fidfs.com/bocexemvV
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 currant 150 $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and
farm Property Damage Liability. This shall nclude Premises and Operations; Independent
Contradora; Products and Completed Operations and Contractual Liability.
4. ®Indemnification To them m extent permitted by Plorida Inw, the Contrac[or/Ventlor/Consultant shell
defend, intlemnify and hold harmless Collier County, its otTicers and employees ftpm any and
ell liabilities, damages, losses and costa, including, but not limited [o, reasonable attornrys'
fees end paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of [his Agreement.
5. ®Automobile Liability S 1,000,000 Each Occurrence; Bodily I jury $Property Damage, OwnetlMon-owned/Hlrod;
Automobile Included
6. � OSher insurance es noted: � WaieroreR $ Pee Occurrence
Q United S[atea Longshoreman's and liarborworker's Act coverage shall be maintained where
applicable to the completion of the work.
$ Per Occurrence
Q Maritime Coverage (Jones Act) shall be maintained where applicable to the wmpletion of
the work.
$ Per Occurrence
Q Aircreft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to [he completion of the Services under this Agreement.
S Per Occurrence
Q Pollution $ Per Occurrence
® Professional Liability $ t 000_OOO Par claim Re in the aggregate
$1,000,000 per claim and in the aggregate
$2,000,000 per claim and in the aggregate
P jest Professional Liability $ Per Occurrence
Valuable Papers Insurance $ Per Occurrence
Q Cyber Liability $ Per Occurrence
Q Technology Errors � Omissions $ Per Occurrence
1B
ConsbucOon Services AgreemenC Ravlaad 022018
>. ®Did bond Shell ba submitted with proposal response in the tbrm of certifieA f mtls, coshiera• chock or an
evocable letter of wcdiq x cash bond posted with the County CIm1q or proposal bond in a
nr equal to 5%of the cast proposal. All checks shall he meals payable Io the Collier County
6owxl oFCounty Commissionors m. n bank or U'nst company located in tho State 6f Florida end
' red by the Federal Deposit Insurance Coryoration.
B. ®Performance end Payment Por projea[s in excess of $200,000, bonder shall ba submited with the executed contmet by
Gonda R'opoaw�s receiving award, xnd written for 100%ofthe Connect awa.m amount, the cost borne
by the Proposer t wing nn award. The PolYormanca and Payment Hontla shall be
undarwa'itten by a rc'ty nuthorlud to do businoss in She State of Florida and oiherwiso
cepfable to Owners proviAed, however, the sorely shall be rated as "A--" or b¢tter as to general
policy holders rating and Clasa V or higher rating ns to financial size eatagmy end the amount
reyuirad shot] not exoeetl 5%of the ropmSad policy holders' sarplus, all as mported in the most
ant Best Key Rating Guitlo, published by A.M. Dest Company, Lm. of >5 Fulton Street,
Naw York, Now York 10038.
A ® Conbactor shall a [sura [bat all aubcontracmrs comply with the same insurance requircmwtta that he is arxluirad to mea[. Ther
same Consultant shalhprovide County with wrtificerea of insurance meetin6 the required inaumnce provisioner.
10. ® Collier County must ben mad ns "ADDITIONAL lNSDRED" on the Insurance CartiBeate k'or Cammeroial General
Liability where required. '1'h Is insurance shall bo primary end non-contributory with respect to any othw' insnrenca maintained
by, or nvailablo for the benefit of, the Atlditionel Tnaured and the Contractor's polloy shop be w.dorsed accordingly.
l 1. ® 'The Cartificare Holder shall ba nomad ax Collier County Dnarl of Coarnty Commiasionera, OR, Doerd of County
Commisaionu's In Collier County, OR Colllar County Government, OR Collf¢r County. Ther Cerlifioatos of Insurance must state
the Contract Numbw�, or Pr jec[ Number, or specific P jest desw'iptloq or must read: Por any and all work performed on bohalF
o£ Collier County.
t2. ® Thirty (30) Dxys Cnn¢eilxtimt Noticc requlretl.
3/2>/18 - GG
CmaM1vcm Ps Insm�ance 5[atwnent
We understand the insurenco rcquiremcnts of thews spedflontions xnd that tho evidanco of inairebil ity may be required within live (5)
days of the awaM of this solicitation.
Nnmc o£Pirm
conb'aamr signxwt'c
Pcinl Nama
Date
insurance Agency Holmes and Mumhv Bloker) L'b M I
AKcm Namo ____Mark De Wilt Telephone Numhar !2 141 69 1-5949
20 Ceti
ConstrudlOn Service¢ AgreemOnL Revlsad 0220'15
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be
received, ("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
120 for the period from to . This
partial waiver and release is conditioned upon payment of the consideration described above. It is not effective
until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment
to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims
of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
Witness
President
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
The foregoing instrument was acknowledged before me this day of
20 , by , as of
known to me or has produced
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
[Corporate Seal]
corporation, on behalf of the corporation. He/she is personally
as identification and did
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
21
Construction Services Agreement: Revised 022018 C 00
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Co//ler Count
Board of Count
Comm/ssionars the OWNER or Co//ler Count Wefar-Sewer
Owner's Pro]act
Bid No.
Mena ar's Names:
Count 's Division Names
Pro'ect No.
Submitted by Contractor
Application
Data:
Ra resanta[ive: Names
Contractor's Names &
Payman[ Application No.
Address:
Orl Inal Contract Times:
Ori anal Contract Price:
$
Revised Contract Time:
Total Chan a Orders to Data:
$
Revised ConfractAmounT
$
Total Values of Work Completed 8.
$
stored w Date:
Retainage (�20%
$
Retainage � 1O%through [Insert
$
through [Insert Data]
dale]
Retainage (� %
$
Less Retainage
$
after Insert data
Total Earned Leas Retsina a
$
Lass ravious a mant a
Percent Work Com plated
% AMOUNT DUE THIS
$
fo Dale:
APPLICATION:
Percent Contract Times
%
Com lefed to Data:
Liqultlatad Damages to
$
Romaining Contract Balance
$
Ba Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
Tha undaralgnatl CONTRACTOR certifies that: (1) all previous progress paymanta received from OWNER on account of
Work tlona under the Contract rsfarred to above have bean applied to discharge In tuli all obligations of CONTRACTOR
incurred in connection with Work wyarad by prior Applications for Payment numbered 1 through _inclusive; (2) title
to all materials and equipment incorporated in saltl Work or otherwise listed In or covered by this Application for Paymont
will para to OWNER at time of payment free and clear of all Ilene, claims, security interests and encumbrances (except such
es covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous paymanta ware 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 tlue and owing and CONTRACTOR has not included within the above referenced
amount any claims for unautharizetl or changed Work that has no[ been preparly approved by Owner In writing and In
advance of such Work.
Contractofa Name
Contractor's SI nature: Dale:
Type Titles: Shall ba signed by an authoK ad
a resenlal/va of the Conlnac[oc
Pa sot to [he CONTRACTOR for the above AMOUNT OUE TH18 APPLICATION is repammantled b
Desi n Professional's Name:
81 nature: Data:
Pa mant to the CONTRACTOR (or the above AMOUNT DUE TH18 APPLICATION la recommended b
Ownafs Pro act Manes ar Nema:
sl nature: Data"
zz CAp
ConatfYUlOn Sarvlce8 AgreamanL RBVIaetl 02z01a
....,a..m, .�.a m..
• Eaplemtlon fortnetwo columna urtlerprcNous Mpll[s[bris: Tne T1w 0.tt Iswtwepuwlll place all lnlomnllon until the [onlea[t Is [omplete mUesi a rtleasnerreCu[[lon m rtMlnap Irwe [al
IMa play. 1/ thb napperts. all IMa�matlon up to tnetlate as the%choke In re[alnage h placetl In [M1e TNu Date coWmn. Inbrmatlan after [MI tlate Is placeG In [ne Sln[e Oete [plump. Thleaetei
was n.n m pile nee ima we m. ve b retanap.
ny
O
23 i'A(
Conalmcllon Sarvlcea Ag[aemanl RavlaeO 022D'IB
Exhibit D
(Continued) Stored Materials Record
Formula: A+B-C-D=E
A B C D E
Invoice Previously Received Previously Installed Balance To
Date Description Supplier Number Received This Period Installed This Period Install
24
Construction Services Agreement: Revised 022018 �'
EXHIBIT E: CHANC3E ORDER
An electronic data entry form may be found at:
htt '//b 5 01/S"t D' ct /ASD/P h I /F 1/F s/D f It a
CbanB+ OrWv Fo.m
Can<octKO CbanBe Y:� Pu.cbuOae. Y: � Propc4CO
Ca nhcetn NFYrm Mama: P.alwtNamc
Prolwt ManaB e. Nam+ C+partment:
Cuaearrt BCC Apyouftl AnYpun[
Cun+M CmiecVN/ak Cotler Msa+nt
DolYa A.munt o/ thb C Mnpa
fLNa.a Cmb.cCW o!N Qtlee TOW
aatoarawaaetl
Onpin+l
cemvlwon oat
orblNl Bcc App.wm o.l.; ABentla YW
Imt acc swwo..m o.te: AMN. Ybm w
SHP CUM+ot Expleetbn UaL (M1Watot)
Tobl CF+rpa han dbiml AnNaunt
CM1ano+ M1om CvteM BCC App<uM An
RR w�laetl O+q
l V.anm9.Y
selwt rack. o. wee nawwaN[a) oo.l.ta u+ya) o cn+nee vega) of otne. ca+e e.wy
Fraparetl br: ro>kt anaB.r ane cafe.
pc<ipla nc+o( tMv Ckarye OM+.+ball conelitute as mMdo+lbn IocaM.aC I wc.kerO+r W �Mn M abav+aM will ba cubjecl toain F+sama
McoMilbn. ocemaintlfnlNe cenV+atlwoIXogeanOb+tM+bavp as (WI+ +s+m+ .o abt+tl in kiv+ea a rF.
bjba.m.nv a+ay. wll.ecam.+aal.+e «LniNleamuaN tinal.wlw.em pl.n +Mi'ai<unm. an.:caa¢wlp. rieneo.+�n:OeaaM(
owyn Prore.abiul+n.IN om a <. mY+.w ta.b+<na.p• am loon 1».am. io<Y�irp cl+im. ta. Impaa aN tlel.r =aaa.
A«evtetl by: i ne n.te:
Vwie.! +NON onauaanV wpn emwn+ a am+ mm, proHotap +vab4)
Ap provatl bY: Ba.e'
ev pn esarona+ +m+o rm. pro vpp l<+
e .: �.. .na. _. N+en��.>... c.3+a ...a a. -.fz r_.aa s_ciw... Rt. aea. foC<.f.a
26 Cq�
Con¢Irvcllan Sarvlc¢¢ ABreamenl: Ravl¢etl 022018
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Data
Design Professional's Project No.
This Certificate of Substantial Com elation eppllea to all Work antler the Contract Documents or to the
following specified parte thereof:
■G1
Antl
To
Subate ntial Completion is the atata In the progress of the WorK when the WorK (or designated
portion) is sufficiently complete in accordance with the Contract Documanta so that the Owner can
occupy or utilize the Work for Its intended use. The Work to which this Certificate applies has been
inspected by authorized rapresentabvas of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work Is hereby declared [o ba substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or correetatl is attached hereto. This list may not ba all-inclusive,
and [he faliure to Include an item in it dose not alter iha reaponalbllity of CONTRACTOR to wmple[e all the
Work In accordance with the Con[raci Documents. The items in the tentative list shall ba completed or
corr¢ctad by CONTRACTOR within days of the above data of Substantial Completion.
Tha responaibilitias between OWNER and CONTRACTOR for aecurlty, operation, safety, maintenance,
heal. utilities, Insurance and warranties shall ba as follows:
zs O
co�av��no� sarvlcae Aoresmam: Ravlaea ozzwa Cy
O
RESPONSIBILITIES:
CITINK ;
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
By:
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
By:
CONTRACTOR
Type Name and Title
20
OWNER accepts this Certificate of Substantial Completion on 20
By:
OWNER
Type Name and Title
27 -100
Construction Services Agreement: Revised 022018
EXHIBIT G: FINAL PAYMENT CHECKLI3T
Bitl No.: Project No.: Data: 20
Contractor:
The following items have bean secured by [he
for the Project known as
and have baso reviewed antl found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Cemmancement Date:
Substantial Complatlon Time as sat forth in the Agreement: Calantlar Deys.
Actual Data of Substantial Complatlon:
Final Complatlon Times ea set forth in the Agreement Calantlar Daya.
Actual Final Complatlon Deta:
YES NO
+. All Punch Lisi items completetl on
2. Warranties and Guarantees assigned [o Owner (attach to this form).
3. Effective tlate of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for aqulpment antl
system aubmitfad (list manuals in attachment to thla form).
5. As -Built tlrawings obtained antl datatl:
B. Owner personnel tra inad on system and equipment operation.
7. Certificate of Occupancy No.:
issuatl on (attach to this form).
8. Certiflcata of Substantial Completion issued on
9. Final Payment Application and Affitlavita re ceWed from Contrector on:
+O. Consent of Surety received on
+�. Operating Department personnel notifietl Project is in operating phase.
12. All Spera Partes or Special Toole provtdatl to Owner:
13. Finished Floor Elevation Certiflca[e provided to Owner.
14. Other:
If any of the above is not applicable, intlicate by N/A. if NO Is checketl for any of [he above, attach
axplanatipn.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Names & Title)
BY Design
Prof¢salOnal: (Firm Name)
(Signatures)
(Typed Names S Title)
By Owner: (Department Name)
(Signature)
(Name &Title)
ze C90
co�een.�uo� sar.nces naraamam: Ra�iaea ozzo+e
EXHIBIT H: GENERAL TERMS ANO CONDITIONS
INTENT OF CONTRACT DOCUMENTS.
1.1 It is the infant of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
prod uta the intended result shall be supplied whether or not specifically celled for. When words
which have a well-known technical or trade meaning era used to describe work, materials or
equipment, such words shall be interpreted In accords nca with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, coda,
law or regulation in effect at the time the Work is pertormad, except as may be otherwise specifically
stated herein.
1.2 If before or during the pertormance of the Work Contractor discovers a conflict, error or
discrepancy In the Contract Documents, Contractor immediately shall report same to the Project
Manegar in writing and before proceatlin9 with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or soma other
third party, as directed by Protect Manager. Contractor shall take field measu ramants and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings era intended to show general arrangements, design and extant of Work and are
not intended to serve as shop drawings. Specifications era separated into divisions for convaniance
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extant of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall ba req ufred to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
straws, fittings, flllars, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall ba
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole rasponsl btlity of satisfying Itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surtace
conditions; nature and quantity of the surtaca materials to ba encountered; subsurface contlkions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. Tha failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its rasponsibil itles to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation. O
�O
za
Constmcllon services Aa/eemanC ftaalsatl 022018
2.2 Contractor shall locate all existing roadways, railways, drainage facllitlas and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to In this Sub -Section 2.2 as Lha "Utilities". Contractor shall contact the owners of all Utilities
to determine Lha necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be reaponsi bla for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with Lha prosecution of Lha
Work (except those utilities to be coordinated by the Owner as may ba expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if cond'Rions are
encou ntared at Lha Project site which ora (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as in harant in construction activities of Lha character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of Lha Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions ora
disturbed and in no avant later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly invastigafe such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner wil acknowledge and agree to an equitable adjustment
to Contractor's compensation or Lima for performance, or both, for such Work. If Owner determines
that Lha conditions at Lha site are not materially different from those Indicated in Lha Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
invastigativa services, and that no change in Lha terms of the Agreement Is Justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor In opposition to such
determination by Owner must be made within seven p) calendar days after Contractor's receipt of
Owner's wdtten determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractors cost or Lima of performance, Lha dispute resolution procedure sat forth in Lha Contract
Documents shall be complied with by Lha parties.
3. 3CMEOULE.
3.1 The Contractor, within tan (10) calendar days after receipt of Lha Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). Tha Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize Lha Critical Path method of scheduling and shall provide
for expeditious and practicable execution of Lha Work within the Contract Tima. The Progress
Schedule shall indicate the dates for starting and completing the various stages of Lha Work.
3.2 The Progress Schedule shall ba updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall ba subject to Lha Project Manager's review and approval. Contractor
shall submit the updates to the Prog rasa Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall ba a condition precedent to Lha Owner's obligation to pay Contractor.
3.3 Ail work under this Agreement shall be pertormed in accordance with the requirements of all
Collier County Noise Ordinances than in effect. Unless otherwise specified, work will generally be
conswcnan senncea nq.eamenr: nawaaa oz2ote C`�O
limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be pertormad
outside the speciflad hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.7 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall ba used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the A9reemant as Exhibit D.
4.2 Prior to submitting Its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and a9reas that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors era subject to Owner's prior
written approval. The first Application for Payment shall ba submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in Its sola discretion, Contractor may submit Its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evldend ng the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner In advance and in writing, said approval at Owner's
sola discretion, Owner is not required to make any payment for materials or equipment that have not
bean incorporated into the ProjecT. If payment is requested on the basis of materials and equipment
not Incorporated Into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall ba accompanied by a bill of sale, Invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all hens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit Its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professionap. After
the date of each Application for Payment is stamped as received and within the timeframes sat forth
in Section 278.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
Invoices in the amounts approved shall ba processed and paid in accordance with Section 278.735,
F.S. and the adminlstrativa procedures established by the County's Procurement Services Division
and the Clerk of Court's Fina nca Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Pro}ect
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. Tha Owner shall, within ten (10) business days after the Application for Payment is
31 L•AL)
ConaVucUan Services AOreeman\: Revised 022018
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Own¢r shall retain ten percent (10%) of the gross amount of each monthly payment req nest
or ten percent (1 O%) of the portion thereof approved by the Project Manager for payment, whichever
is less. Such sum shall be accumulated and not released to Contractor until final payment Is due
unless otherwise agreed to by the Owner In accordance with Florida Statute 255.078. The Protect
Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the
percentage of cumulative rata inaga held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion su bjact to the guidelines set forth in Florida Statute 255.078 and as sat forth in the
Owner's procurement ordinance and policies.
4.7 Monthy payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affltlavit, in the form attached as Exhibtt C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Own¢r with respect to the current Application for Payment. Further, to th¢ eMent directed by Owner
and in Owner's sots discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibtt C acknowl¢dging that
each Subcontractor, sub -subcontractor or su ppiter has been paid in full through the previous month's
Application for Payment. Tha Owner shall not ba required to make payment until and unless these
affidavits era furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations axis[ and that the expenditure of
funds must ba spread over the duration of the Project at regular Intervals based on the Contract
Amount and Progress Schad ula. Accordingly, prior to submitting Its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as n¢cessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the lima of payments to Contractor as se[ forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, ConVactor
acknowledges and agrees that in the event of a disputa concerning payments for Work peAormed
under this Agreement, Contractor shall continue to pertorm the Work required of it under this
Agreement ponding resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.71 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches' as untimely submitted. Time shall ba deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 Tha County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/ar services purchased as a part of this contract. Tha County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
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SUBMITTALS ANO SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at Its own expense and In such form as required by the
Contract Documents in suffic(ent time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the Hama of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name Is followed by words
indicating that no substitution is permitted, materials or equipment of other su ppllars may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of mater(al and equipment will not ba accepted by Owner from anyone
other than Contractor and all sucn requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed In writing by Owner and Contractor.
7.3 If Contractor wishes to furn isn or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perto rm the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as thak
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not Incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substRute from that specified will ba identified in the application and avallabla maintenance,
repair and raplacemenl service shall ba Indicated. Tha application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expanse additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall ba the same as those provided
herein for substitute materials and equipment.
7.5 Tha Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need ba, to consult with the Design Professional. No substitute will ba
ordered, installed or utilized without the Protect Managers prior written acceptance which shall ba
evidenced by a Change Order. a Work Directive Changs. a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a spacial
pertormanca guarantee or other surety with respect to any substitute. The Project Manager will
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consvvclon sorvioes <.oreemaoc aawsea ozzo� e
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Vnlass waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weakly basis a daily l09 of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
6.1.2 Soil conditions whl ch adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project alta, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.8 Description of Work being performed a[ the Project site;
9.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of afl visitors to the Project
8.1.70 Any problems that might impact either the cost or quality of the Work or the time
of pertormance.
The daily log shall not constitute nor take the place of any notice required to ba given by Contractor
[o Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, ail drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written Interpretations and
clariflcatlons issued by the Design Professional, in good order and annotated [o show all changes
made during construction. The annotated drawings shall ba continuously updated by the Contractor
Yhroughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Flek! Orders, and all conceafad and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not lass than two (2) permanent features
35 CqC
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(a.g. interior or eMerior wall faces). Tha annotated drawings shall ba clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. Tha
"As -Built' record documents, together with all approved samples and a cou ntarpart of all approved
shop drawings shall ba available to the ProJact Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
those "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hareunderfor a minimum of five (5) years from the date of termination of this Agreement
or the data the Project is completed or such longer period as may ba required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.070'1<2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER '119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO TH13 CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Olvis ion
3299 Tamiami Trail East, Suite '102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be Inspected or
copied within a reasonable time a[ a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that era exempt or confidential and exempt from public
records disclosure requirements era not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall m¢et all applicable requirements for
retaining pubic records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the Information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work 6eing
done on the Project by its subcontractors and material -men, as well as coordinating its Work with all
Conelructlon Services AOrecmant: Revlaetl 02208 CAO
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 ba solely responsible for all
construction means, methods, techniques, sequences, and procedures, as wall as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph '12.2. herein.
9.2 Should Contractor ba obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, Including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had To request
a time extension.
9.3 No interruption, intarterance, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may ba responsible,
in whole orin part, shall relieve Contractor of its duty to pertorm 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 sola remedy, if any, against Owner will ba the right to
seek an extension to the Contract Time; provided, however, the granting of any such lima extension
shall not ba a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continua pertorming Work
u ndar this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor For delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the WorK to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering Ilfe or property, or as expressly sat forth herein, no addition or changes to
the Work shall ba 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 of£cer, employee or agent
of Owner is authorized to direct any extra or changed worfc orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (1) a waiver of any claim by Contractor for
such items and (Ii) an admission by Contractor that such Items era in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in [ha form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an ag reamant is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly pertorm changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted In the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Changes Order for the requested change,
Contractor shall, nevertheless, promptly pertorm the change as directed by Owner in a written Work
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ConalrucBon Services Agreement: Ravlsatl 0220'IB
Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as
directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor
must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have
waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an Increase to the Contract Amount, the amount
of the increase shall be lim{ted to the Contractor's reasonable diraG labor and material costs and
reasonable actual equipment costs as a result of the change (Including allowance for labor burden
costs) plus a maximum tan percent (10%) markup for all overhead and profit. In the avant such
change Work Is pertormed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs
and actual equipment costs shall ba permitted, with a maximum five percent (5�) markup thereon
by The Contractor for all of Its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and
home office overhead is included in the markups noted above. Contractor's and Sub-Contractofs
bond costs associated with any change order shall be inGudad in the overhead and profit expanses
and shall not ba paid as a separate line item. No markup shall be placed on sales tax, shipping or
subcontractor markup.
1 O.5 Owner shall have the right to conduct an audit of Contractofs books and records to verify the
accuracy of the Contractofs claim with respeG to Contractofs costs associated with any Change
Order or Work Directive Change.
1 O.6 The Project Manager shall have authority to order minor changes In the Work not involving
an adjustment to [ha Contract Amount or an extension to the Contract Time and not inconsistent with
the Intent of the Contract Documents. Such changes may be affected by Field Order or by other
written order. Such changes shall ba binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Admin lstrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or iMarpretatlon
of the farms of the Contract Documents, payment of money, extension of lima or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the ContraG
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Protect Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall ba deemed to have waived the Claim. Written supporting data
shall be submitted to the ProjeG Manager within fifteen (15) calendar days after the occurrence of
the event, unless ma Owner grants additionaltime in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accord ante with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with Its paAormance as directed by the Owner,
regardless of any pending Gaim, action, suit or administrative proceeding, unless othervvisa agreed
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to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
72. OTHER WORK.
12.1 Owner may pertorm other work related to the Project at the site by Owner's own forces, have
other wont performed by utility owners or let other direct contracts. If the fact that such other work
is to ba pertormad is not noted In the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such pertormanca will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that tact to Owner and Design Professional within forty -sigh[ (46) hours of being notified of
the other work. If the Con<ractor fails to sand the above required forty-eight (48) hour notice, the
Contractor will ba deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Tima or adjustment to the Contract Amount.
72.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, {f Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the Introduction and storage of materials
and equipment and the exawtion of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts coma together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Protect Manager and the others whose work will
ba affected. Tha duties and responsibilitlas of Contractor under this paragraph era for the benefit of
such utility owners and oth¢r Contractors to the extant that there era comparable provisions for the
benefit of Contractor in said direct contracts batwa¢n Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall Inspect and promptly report to Protect
Manager in writing any delays, defects or daficianci¢s in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's fa llura to report will constitute an
acceptance of the other work as fit and properfor integration with Contractor's Work.
73. INDEMNIFICATION AND INSURANCE.
73.7 To the maximum ¢xtent permitted by Florida law, the ContractorNendor/Consultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and ail
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consults of in the pertormanca of this Agreement.
73.2 Tha duty to defend under this Article 13 is Independent and separate from the duty to
indemnity, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified pally. Tha duty to defend ansae 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 73 will survive the expiration or earlier termination of this
Agreement until it is d¢termined by finaljudg ment that an action against the Owner or an indemnified
party for the matter indemniRed hereunder is fully and finally barred by the applicable statute of
limitations.
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13.3 Contractor shall obtain and carry, at ail times during its pertormanca under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditlona, req uiraments and
obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to [ha ProJact, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extant any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms In this Agreement in order for this Agreement to ba anfo rceabie, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the avant of a change in any applica bla laws,
ordinances, rules or regulations subsaqueM to the date this Agreement was executed that Increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the data of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, gj seo. and regulations
relating thereto, as either may ba amended. Failu ra by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
d fscration to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who era eligible to work in the United States.
The Employment Eligibility VeriFcation System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
besed means of verifying employment ¢lig ibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. Tha program will be used for Collier
County formal Invitations to Bid (ITB) and Raquast 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
Contractors /Bidders era required to enroll In the E -Verify program, and provide acceptable evidence
of their enrollment, at the lima of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E -Verify Company Proflla page or a copy of
the fully executed E-Vartfy Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents.
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Additionally, Contractors shall require all subcontracted Contractors to us¢ 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: htto://www.dhs.cov/E-Verify. It shall ba the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1988 as located at 8 U.S.C. 1 324, � �q=and regulations ralatirg thereto, as either may be amended
and with the provisions contained within this afFldavit. Failure by the awarded flrm(s) to comply with
the laws referenced herein or the provisions of this afFdavk shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
76. CLEANUP ANO PROTECTIONS.
75.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and wast¢ materials from and about the Project alta, as well a5 all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and reatly for occupancy by Owner.
75.2 Any existing surtace or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractorfrom damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall ba restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to ass(gn or otherwise transfer this Agreement, or any part Herein,
without the Owner's consent, shall ba void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibiiitias that Contractor has assumed toward Owner.
77. PERMITS, LICENSES ANO TAXES.
77.7 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transf¢r(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor Is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which era not issued
by Collier County shall be acquired and paid for by the Contractor. �q0
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17.3 Contractor shall pay all sales, consumer, use and other similar taxes associ sled with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
78.1 Contractor shall be considered in malarial default of the Agreement and such defa utt shall ba
considered cause for Owner to terminate the Agr¢amant, in whole or in part, as further set forth in
this Section, fi Contractor: <1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Protect
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unaccapta ble or unsuitable; or (4) discontinues the prosecution of the Work; or (8) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (8)
becomes inaolvant or is declaretl bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatf sflad for more than tan (1 O) days' or (8) makes an assignment for
the benefit of cretlito rs; or (g) fails to obey any applicable codas, laws, ord in anew, rules or
regulations with respect to the Work; or (1 O) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and curetl the defaults) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may ba consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy It
may ba entitled to hereunder or by law, may terminate Contractor's right to proceed und¢r the
Agreement, in whole or in part, and take possession of ail or any portion of the Work and any
materials, tools, eq uipmant, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, In Its sole discretion, may choose.
16.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any fu rther payments hereunder until after the Project Is completetl. All moneys
expended and all of the costs, losses, damages and ¢Mrs expanses, including all management,
adminls[rative and other overhead antl other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incitlent to such completion, shall
be deducted from the Contract Amount, and If such axpenditu res exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demantl the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of Interest until paid. if the unpaitl balance of the Contract Amount exceeds all
such costa, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. Tha amount to ba paid to the Contractor or Owner, as the case may
ba, shall ba approvatl by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 Th¢ liability of Contractor hereuntl¢r shall eMand to and Includ¢ the full amount of any antl
all sums paid, expenses and losses incurred, damages sus[a load, and obligations assumatl by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
orra-letting the Work, and In settlement, discharge or compromise of any claims, demands, suits,
antl judgments pertain in9 to or arising out of the Work hereunder.
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18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will ba deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Sad'.ion 19 below.
18.6 In the event (i) Owner falls to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fu lflll soma material obligation
owed by Owner to Contractor under this Agreement, and (tl) Owner has felled to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, than Contractor may
stop its partormance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractors intention to stop pertormanca under the Agreement.
If the Work is so stopped for a period of ons hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
pertorming portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may tanninata this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure ks default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination data, but in no evert shall Contractor ba entitled to payment for Work not
partormed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not lass than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sola and exclusive remedy shall be to seek an eMension of
time to Its schedule in accordance with the procedures sat forth in the Contract Documents. In no
avant shall the Contractor ba entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the ConVactor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) Is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designatatl portion) is substantially complete. Within a raasanabla time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or dasig Hated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
not consider the Work (or designated portion) substantially complete, Project Manager shall notffy
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or dasignafad portion) substantially complete, Project Manager C9
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shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor th¢ return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acc¢ptance, Project Manager and
Design Professional will make such inspection and, ff they find the Work acceptable and fully
pertormed under the Contract Documents shall promptly approve payment, recommend(ng that, on
the basis of their observations and Inspections, and the Contraefor's certification that the Work has
bean completed In accordance with the terms and conditions of the Contrect Documents, that the
¢ntire Balance found to be duo Contractor is duo end payable. Neither the final payment nor the
r¢taina9e shall become due and payabl¢ until Contractor submits:
(1) Receipt of Contractor's Final Applbatlon for Payment.
(2) The Release and Affidavit In the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of Ilens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, ¢van though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainag¢ shall
become due and payable.
21. WARRANTY.
21 .1 Contractor shall obtain and assign to Owner all express wawa Mies given to Contractor or any
subcontractors by any subcontractor or material man supplying materials, equipment or fixtures to
be Incorporated into the Project. Contractor wawa nta to Owner that any materials and equipment
furnished under the Contract Documents shall ba new unless othervvise 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
¢xcept as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work Is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
ba responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expanse. These warranties are in addition to those implied warranties to which Owner Is entitled as
a matter of law.
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2t.2 No later than 30 days prior to expiration of the warranty, the ProJact Manager, or another
represantativa of the Owner, shall conduct an inspection of the warranted work to verify complia nca
with the requirements of the Agreement. Tha Contractor's Representative shall ba present at the
time of Inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to corcact the cited deficienGea shall be 9roundsfor the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agendas with Juristliction over the Project shall have access at all times to the Work,
whether the Work is being pertormad on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe condRions for such access. Contractor shall
provide Protect Manager with timely notice of readiness of the Work for all required inspections, fasts
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefo ra, pay all costs in
connection therewith and furnish Project Manager the req ulrad certificates of inspection, testing or
approval. All inspections, tests or approvals shall ba performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for ra-inspection fees and
costs; to the extent such ra-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to ba inspected, tested or approved Is covered without written concurrence
from the Project Manager, such work mus[, If requested by Project Manager, ba uncovered for
observation. Such uncovering shall be at Contractor's expanse unless Contractor has given Project
Man agar timely notice of Contractor's intention to covertha same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sola expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the rag ular eight (S) hour
day and for any work pertormad on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
partorm the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assig nad by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work. Contractor shall bear all direct, indirect and consaquanti al r1
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costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the ProJact Manager considers It necessary or advisable that covered Work ba observed
by Design Professional or Inspected or tasted by others and such Work Is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expos¢ or otherwise
make available for observation, inspection or fasts as Protect Manager may require, that portion of
the Work in question, furnishing all necessary labor, material antl equipment. If It is found that such
Work is defective, Contractor shall bear all direct, indirect and consaquentf al costs of such
uncovering, exposure, observation, inspection and tasting and of satlafactory reconstruction
(including, but not Ii mited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall ba entitled to an appropriate decrease In the Contract Amount. If,
however, such Work is not found to ba defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to [ha Contract Time, directly attributable to such uncovering,
exposure, observation, Inspection, testing and reconstruction.
23.3 If any portion of the Work Is defective, or if Contractor fails to supply sufficient skilled workers,
suite bia materials or equipment orfails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. Tha right of Project
Manager to stop the Work shall b¢ exercised, If at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Enginaeq Contractoq or any other person.
23.4 Should the Owner determine, at its sola opinion, it is in the Owner's bast interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
detarmin ation Is rendered prior to final payment, a Change Order shall ba executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions In the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work afterflnal payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from ProJact Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may. after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
antl equipment stored at the Project site or for which Owner has paid Contractor but which era stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may b¢ necessary to enable Owner ko
exercise the rights and remedies under this paragraph. All direct, Indirect and consequential costa
of Owner in exercising such rights antl remedies shall ba charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrees¢ to the Contract Amount Such direct, indirect and consequential costs shall O
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include, but not ba limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rig Ms and remedies hereunder.
24. SUPERVISION ANO SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently antl efficiently, devoting such attention thereto and applYin9 such skills and expertise
as may ba necessary to pertorm the Work in accordance with the Contract Documents. Contractor
shall be responsible to sea that the finished Work complies accurately with the Contract Documa Ms.
Contractor shall keep on the Work aT all times during its progress a competent resident
superintendent, who shall ba subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor To remove and
replace its Project superintandant, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who era
assigned to the Project; such identified personnel shall not ba removed without Owner's prior written
approval, and if so removed must be immediately replaced with a parson acceptable to Owner.
24.2 Contractor shall have a competent supari ntendent on the project at all limas whenever
contractor's work craws, or work craws of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manegar shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.6, for services not rendered.
26. PROTECTION OF WORK.
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner
or Design Professional shall ra-este blish the benchmarks and Contractor shall be liable for all costs
incurred by Owner assoclatad therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Protect site or adjacent thereto, Contractor, without spacial instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the amergancy, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
beta use of the action taken in response to an emergency, a Change Order shall be issued to
docu ment the consequences of the changes or variatf ons. 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 nave had to seek an adjustment to the Contract Amount or an extension to the
Contract Tima. �'fp
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27. USE OF PREMISES
27.7 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site antl land end areas Itlantifled in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unraasonaby encumber the Project site with construction equipment or
other material or aq uipment. Contractor shall assume full responsi bility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.7 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
26.7.7 All employees on or about the protect site and other persons and/or organizations
who may be affectetl thereby;
28.7.2 All the Work and materials antl equipment to be incorporated therein, whether in
storage on or off the Project alta; and
28.7.3 Other property on Project site or atlJacant thereto, inelutling trees, shrubs, walks,
pavements, roadways, structures, utilities and gny underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ortlinances, rules antl regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and malntaln all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All naw 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 bountlary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
su perintandant unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs antl all illegal substances era strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
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ConatrucOon SeMcea HgraamanC Ravlaetl 022010 i�
Em ployeas shall not bring on to any Owner property any gun, ritla or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that Lha Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with Lha
following:
28.5.7 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall ba provided an identification badge by Contractor. Such
identification badge must ba prominently displayed on the outside of Lha Employees' clothing at all
times. All Employees working at the ProJact site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to Lha designated work areas and
shall not permit any Employees to ent¢r any other portions of OwneYs property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and era strictly prohibited from using any of Owner's t¢lephones or other
office equipment;
28.5.5 All Employees shall at ail times comply with the OSHA regulations with respect
to dress and conduct at Lha Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
Lima to time;
28.5.6 All Employees shall eller and leave Owner's facilities only through Lha ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from Lima to time, by Owner in writing;
28.5.7 Whan requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 Tha Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
p roparty; and
28.5.9 At all times, Contractor shall adhere to Own¢rs safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from lima to time.
29. PROJECT MEETINGS.
Prior to Lha commencement of Work, the Contractor shall attend apre-construction conference with
the Project Manager, Design Professional and others as appropriate to discuss Lha Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among Lha parties as to the
Work. wring Lha prosecution of Lha Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to Lha Project, when directed to do so by Project Manager or
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Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre -construction confer rents) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has Implemented a Vendor Partormance Evaluation System for all contracts awarded in
excess of $25,000. To Thls end, vendors will be evaluated on their performance upon
complationRarmination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are Gond uctad within a Collier Courtly Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the currant edition of the Manual On Unfiorm
Traffic Control Devices (M UTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
Thasa projects shall also comply with Collier County's Maintenance of Traffic Policy, rt5H07,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colllargov.neVpurchasing.
Ther Contractor will ba responsible for obta In ing copies of all required manuals, MUTCD, FDOT
Roadway 8, Traffic Design Standards Indexes, or other related docu mants, so to become familiar
with their requirements. Strict ad herenca to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Convect.
All costs associated with the Maintenance of Traffic shall be Included on the line Item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.7 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set Forth In section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner Is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included In the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its bast efforts to cooperate
with Owner in implementing this sales tax savings program in order to maxim(za cost savings for the
Project. Adjustments to the Contract Amount will ba made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
eccepdng dallva ry, storing, handling, installing, wamantin9 and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall ba included within and covered by Contractor's warranty
to Owner to the same extant as all other warranties provided by Contractor pursuant to the terms of
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the Contrail Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Dirail Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contrail rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 2'12, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the desgn and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, basad on the currant Project Milestone Schatlule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review antl approval
prior to submitting Its flrst Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of sevarabil ity, sequencing effectiveness, access and availability
constraints, total lima for completion, construction market contlitions, availability of labor antl
materiels, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who Is partorning, furnishing, supplying or provitling
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes. Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, ailing In Owner's bast interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Projad must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a parson or entity that has the
capability in all respects to perform fully the Agreement requirements with rasped to its portion of
the Work and has the integrity and reliabifty to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bitl that were approved by
Owner, Contractor also shall identify any other Subcontractors, Inciutling their addresses, licensing
information antl phone numbers, it intends to utilize for the Protect prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
Tha list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any antl all Subcontractor work to ba self-pertormad by Contractor
must ba approved in writing by Owner in Its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not anter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be req ulred to contrail with
anyone it reasonably objects to. Contractor shall keep on fila a copy of the license for every
Subcontractor end sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subwn[racts and purchase orders between Contractor and its Subcontractors
shall be Yn writing and era subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to ba bound to
Contractor to the same extant Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be pertormad by the Subcontractor, (2) provide
For the assignment of the subcontract or purchase order from Contractor to Owner at the election of
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Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase ortlar, (4) provide that Owner, Collier County Government, w(II be an
adtlitional Insuretl on all liability insurance policies requiratl to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an Intentlatl thirtl-party beneficiary of the subcontract or
purchase ortlar. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will ba
bound. Each Subcontractor shall similarly make copies of such documents available to its aub-
SubcOntraClOrs.
33.5 Each Subcontractor performing work at the Project Sita must agree to provide £old (on-site)
supervision through a named superintendent for each trade (¢.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included In its subcontract or
purchase ortler. In addition, the Subcontractor shall assign and Hama a qualifietl employee for
schatluling direction far its portion of the Work. The supervisory employees of the Subcontractor
(Including field superintendent, foreman antl schedulers at all levels) must have been employed In a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase ortlers
shall provitle:
33.6.1 That the Subcontractor's exclusive rametly for delays in the pertormance of the
subcontract or purchase order causatl by events beyond its control, including tlalays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall ba an extension of Its contract time.
33.62 In the avant of a change in [he work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 1 O
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the fo regoing constitute its sole antl exclusive remedies for tlalays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or add'Rional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 Into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must ba submitted to Convector within the time and in the
manner in which Contractor must submit such claims to Owner, antl that failure to comply with such
conditions for giving notice antl submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following atlmin istrative records:
34.1.1 Subcontracts antl Purchase Orders
34.1.2 Subcontractor Licenses eO
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34.7.3
Shop Drawing Submittal/Approval Logs
34.7.4
Equipment Purchasa/Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.7.6
Warranties and Guarantees
34.7.7
Cost Accounting Records
34.7.8
Labor Costs
34.7.9
Material Costs
34.7.70
Equipment Costs
34.7.11
Cost Proposal Request
34.7.12
Payment Request Records
34.7.13
Meeting Minutes
34.7.74
Cost -Estimates
34.7.75
Bulletin Quotations
34.7.78
Lab Tast Reports
34.1.17
Insurance Certificates and Bonds
34.1 .1B
Contract Changes
34.1.79
Permits
34.1 .20
Material Purdtase Delivery Logs
34.7.27
Technical Standards
34.7.22
Design Handbooks
34.7.23
"As -Built" Marked Prints
34.1.24
Operating &Maintenance Instruction
34.7.25
Daily Progress Reports
34.7.26
Monthly Progress Reports
34.727
Correspondeno=_ Flles
34.728
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.7.31
PMIS Schedule and Updates
34.7.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may ba required to provide a brief update on the
Project to the Collier County Board of County Commisslonars, "Board", up to two (2) times per
contract term. Presentations shall ba made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation data,
the Contractor shall meat with approprlata County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following Information: Original contract
amount, project schedule, project completion data and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
Tha Contractor is required to comply with County Ordinance 200452, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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under this Agreement. This may include, but not be li mitad to, checking federal, state and local law
enforcement records, including a state and FBI fingerprl nt check, credit reports, education, residence
and employment verifications and other related raco rds. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while partorming services on County facilities and properties.
Contractor ID badges era valid for one (1) year from the data of Issuance and can be renewed each
year at no cost to the Contractor during the time period In which their background check is valid, as
discussed below. Ail technicians shall have on their shirts the Hama of the contractor's business.
Tha Contractor shall Immediately notify the Collier County Facilities Management Division via a -mail
(DL-FMOPSlr72colliarcov.nat) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
par incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coord inatad upon award of the contract. If there era additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sola and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or mora shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall ba defined as
the collective conVacts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may ba reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically i'10 8. 30/30A;
FDEP chapter 82 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST 8. API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid &Hazardous Wastes Management Department (SHWMD)
prior to the installation, removal, or mei ntenanca of any storage tank, Including day tanks for
generators, storing /will be storing Petroleum products or hazardous materials. The contractor shall
provide a 1 O day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
Tha contractor shall provide fhe plans pertaining to the storage tank systems containing hazardous
materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior tc contractor's submittal for permitting.
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39. $TANOAROS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES
The Contractor shall employ people to work on Owner's projects who are neat, clean, welFg roomed
and cou rtaous. Subject to the Americans with Oisabilitias Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
raqulre the Contractor to remove an employee it deems careless, incompetent, insubordinate or
othanvise objectionable and whose continued employment on Owners projects is not in the bast
interest of the County.
40. O13PUTE 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 dacision-
making authority and by Owner s staff parson who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuli Court
Mediator certified by the State of Florida. The mediation shall ba attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sola and exclusive jurisdiction on ail such matters.
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