Agenda 07/10/2018 Item #16C 207/10/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 18-7353 “Marco Island Collier County Sheriff's
Office Restoration,” to The Mold Pros of South Florida, Inc. and approve the attached Agreement
in the amount of $106,484.17 (Project No. 50154).
OBJECTIVE: To restore the Marco Island Collier County Sheriff's Office (CCSO) facility to its pre -
Hurricane Irma condition.
CONSIDERATIONS: The Marco Island CCSO Substation is home to Collier County’s Joint Marine
Operations Center, a partnership between the CCSO and six local, state, and federal marine law
enforcement agencies in Southwest Florida.
During Hurricane Irma, the roof system was partially torn off, which resulted in a substantial amount of
water intrusion into the building. A local general contractor, working with a mold remediation specialist,
took protective measures, dried out the building, and removed most of the damaged finishes as part of the
County’s emergency response. The goal of this project is to return the facility to its pre-storm condition.
On March 28, 2018, Procurement Services Division released 23,941 notices of Invitation to Bid No. 18 -
7353 for the Marco Island CCSO Restoration. Contractors downloaded two hundred and eighty (280)
packages and the County received four (4) bids by the May 24, 2018 due date. Of the four bids received,
two vendors were deemed responsive and two non-responsive. Contractor ISG did not submit the
required bid bond specified, and Sun Eagle General Contractors, Corp. did not accept the FEMA required
provisions. The Bid Tabulation and Notice of Recommended Award are attached for further review.
The bid is comprised of the following primary components:
Base bid includes restoration of the interior of the facility including drywall and flooring replacement,
light fixture replacement, painting, cabinetry and bathroom partitions.
Alternate #1 includes installation of VCT flooring in lieu of carpet in all areas where carpet was
present.
Alternate #2 includes replacement of the existing shower fixtures.
Alternate #3 includes additional drywall removal and replacement.
Bidder Base Bid Alternate #1 Alternate #2 Alternate #3 Total
The Mold Pros Inc. $95,224.17 $3,640.00 $620.00 $7,000.00 $106,484.17
ISG* $98,165.00 $7,150.00 $1,350.00 $5,950.00 $112,615.00
Sun Eagle General
Contractors, Corp.*
$98,500.00 $3,500.00 $1,000.00 $11,750.00 $114,750.00
Build Up Contractors $109,950.00 $500.00 $1,250.00 $8,333.00 $120,033.00
Engineer’s Estimate $94,001.00 $2,500.00 $750.00 $7,500.00 $104,751.00
*Non-responsive
The Procurement and Facilities Management Divisions’ staff reviewed the bids received, along with CDR
Maguire for FEMA and insurance reimbursement compatibility. Procurement staff determined The Mold
Pros, Inc. to be the lowest responsive bidder; and, after checking that contractor’s references, its costs and
the additional bid submission requirements, found them to be responsible and responsive. Staff’s Letter
of Recommended Award is attached.
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FISCAL IMPACT: Funds are available within the Hurricane Irma Project No. 50154 in the County-
Wide Capital Fund (301). The source of funds is ad valorem.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: That the Board approves Agreement No. 18-7353 “Marco Island CCSO
Restoration”, with The Mold Pros of South Florida, Inc. in the amount of $106,484.17 and authorizes the
Chairman to execute the attached Agreement.
Prepared by: Tony Barone, Project Manager, Facilities Management Division
ATTACHMENT(S)
1. 18-7353 Bid Tabulation (PDF)
2. 18-7353 The Mold Pros_Submittal (PDF)
3. 18-7353 The Mold Pros_Submittal_Addendum5 (PDF)
4. Recommendation Letter (PDF)
5. 18-7353 NORA_Signed (PDF)
6. [Linked] 18-7353 The Mold Pros_Contract_CAO and Vendor approved (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 5589
Item Summary: Recommendation to award Invitation to Bid No. 18-7353 “Marco Island Collier
County Sheriff's Office Restoration,” to The Mold Pros of South Florida, Inc. and approve the attached
Agreement in the amount of $106,484.17.
Meeting Date: 07/10/2018
Prepared by:
Title: Project Manager, Senior – Facilities Management
Name: Margaret Bishop
05/30/2018 5:13 PM
Submitted by:
Title: Deputy Department Head – Solid and Hazardous Waste
Name: Dan Rodriguez
05/30/2018 5:13 PM
Approved By:
Review:
Facilities Management Tony Barone Additional Reviewer Completed 05/30/2018 5:44 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/31/2018 12:43 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/31/2018 3:12 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/01/2018 10:13 AM
Facilities Management Miguel Carballo Additional Reviewer Completed 06/04/2018 5:22 PM
Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Skipped 06/05/2018 6:17 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/06/2018 11:42 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/20/2018 11:09 AM
Procurement Services Swainson Hall Additional Reviewer Completed 06/21/2018 1:36 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 06/21/2018 5:16 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/22/2018 8:21 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/22/2018 9:48 AM
Grants Edmond Kushi Level 2 Grants Review Completed 06/22/2018 1:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/22/2018 2:00 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/25/2018 8:19 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/27/2018 12:39 PM
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Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/28/2018 11:58 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 10:17 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.C.2
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Project Manager: Tony Barone Notices Sent:23941
Procurement Professional: Swainson Hall Bid Packages Downloaded:280
Submittals:4
Summary Description The Mold Pros Inc.ISG Sun Eagle General
Contractors, Corp. Build Up Contractors
Provide lump sum bid, based on the scope of services assessment, for repair without bid alternates $89,724.17 $92,665.00 $93,000.00 $104,450.00
Additional MEP Requirements requested for code or safety compliance $5,500.00 $5,500.00 $5,500.00 $5,500.00
Total $95,224.17 $98,165.00 $98,500.00 $109,950.00
Alternates Lump Sum Alternate Bid Lump Sum Alternate Bid Lump Sum Alternate Bid Lump Sum Alternate Bid
Alternate #1 – VCT Flooring $3,640.00 $7,150.00 $3,500.00 $500.00
Alternate #2 - Shower Fixtures $620.00 $1,350.00 $1,000.00 $1,250.00
Alternate #3 – Additional Drywall Removal and Replacement (2500 Square Feet)$7,000.00 $5,950.00 $11,750.00 $8,333.00
Total $11,260.00 $14,450.00 $16,250.00 $10,083.00
Total Base Bid Plus Alternates $106,484.17 $112,615.00 $114,750.00 $120,033.00
Grant Documents Yes Yes No Yes
Bid Respose Form Yes Yes Yes Yes
Key Personnel Yes Yes Yes Yes
Material Manufacturers Yes Yes Yes Yes
List of Major Subcontractors Yes Yes Yes Yes
Statement of Experience Yes Yes Yes Yes
Trench Safety Act Yes Yes Yes Yes
Bid Bond Yes No Yes Yes
Insurance Yes Yes Yes Yes
Conflict of Interest Yes Yes Yes Yes
Vendor Declaration Statement Yes Yes Yes Yes
Immigration Affidavit Cirtification Yes Yes Yes Yes
Vendor Substitute W-9 Yes Yes Yes Yes
Bidder's Checklist Yes Yes Yes Yes
Addendum Yes Yes Yes Yes
E-Verify Yes No No Yes
State of Florida Department of State Yes No No Yes
18-7353 Marco Island CCSO Restoration
Due: May 24, 2018 at 3:00PM
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Packet Pg. 1029 Attachment: 18-7353 Bid Tabulation (5589 : Marco Island CCSO Restoration)
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Packet Pg. 1030 Attachment: 18-7353 The Mold Pros_Submittal (5589 : Marco Island CCSO Restoration)
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Packet Pg. 1063 Attachment: 18-7353 The Mold Pros_Submittal_Addendum5 (5589 : Marco Island CCSO Restoration)
16.C.2.dPacket Pg. 1064Attachment: Recommendation Letter (5589 : Marco Island CCSO Restoration)
16.C.2.ePacket Pg. 1065Attachment: 18-7353 NORA_Signed (5589 : Marco Island CCSO Restoration)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with The Mold Pros of South Florida Inc. ("Contractor") of 3940 Radio Road
#106, Naples, Florida 34114, a Corporation, authorized to do business in the State of Florida, to
perform all work ("Work") in connection with Marco Island CCSO Restoration, Invitation to Bid
No. 18-7353 ("Project"), as said Work is set forth in the Plans and Specifications prepared by
Margaret A. Bishop, P.E., the Engineer and/or Architect of Record ("Design Professional') and
other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the
"Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this
Agreement: One Hundred Six Thousand, Four Hundred Eighty -Four Dollar and Seventeen
Cents ($106,484.17).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be
paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner; provided,
however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.html#certifi Should the Contract Amount be less than
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Construction Services Agreement: Revised 022018
$500,00, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety,
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Lictuidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within seventy-five (75) calendar days from the Commencement Date (herein
"Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof)
is the date certified by the Design Professional when construction is sufficiently complete, in
accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof] for the use for which it is intended. Contractor shall achieve Final Completion
within fifteen (95) calendar days after the date of Substantial Completion. Final Completion shall
occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and
is so stated by the Owner as completed. As used herein and throughout the Contract Documents,
the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean
the Division Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two
Hundred and Fifty Dollars ($250.00) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but the
Contractor fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a
result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be
substantially completed on the date the Project Manager (or at hislher direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period_ If the last day of any such period falls on a Saturday
Canstructlon Services Agreement' Revised 022018
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default,
For all contracts, regardless of whetherthe Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion, Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section B. Exhibits Incorporated.
EFxhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation 18 -7353 -Marco Island CCSO Restoration,
Exhibit A-1:
Contractor's Bid Schedule
Exhibit A-2:
Contractor's Bid Submittal Forms and Addendum
Exhibit A-3:
Contractor's List of Key Personnel
Exhibit I3-1:
Payment Bond Forms
Exhibit 13-2:
Performance Bond Forms
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
Exhibit E:
Change Order Form
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Constructlon Services Agreement: Revised 022018
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final }payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions 13 Applicable ❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 18 -7353 -Marco Island CCSQ Restoration. The complete
contract documents, including Addendum with attachments, are available on the County's
on-line bidding system: htt s:I/www.bids nc.com/bids nc-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 bidding.
®Exhibit J: Technical Specifications
❑Exhibit K: Permits
]Exhibit L: Standard Details
ZExhiblt M: Plans and Specifications prepared by Margaret A. Bishop, P.E.
and identified as follows: Marco Sheriff's Sub -Station Floor Plan
as shown on Plan Sheets 1 through 8.
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to
the following:
Collier County Board of County Commissioners, FL
c/o Facilities Management Division
3335 Tamiami Trail East
Naples, Florida 34112
Attn: Tony Barone, Project Manager
Phone: 239-252-8696
Email: Tony. Baron e@co lliercountyf 1.
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
The Mold Pros of South Florida Inc.
3940 Radia Road #106
Naples, Florida 34104
Attn: John A. Rohde, Vice President
Phone: 239-262-6653
Email: I nfoPthemoldpros.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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Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be mound by it.
Section 1 t]. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 91, Governin_g LLaw.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Seyerabilily.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Construction Services Agreement: Revised 022018u
Section 15. Chanqe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TCNITNI; ES:
1719SWITN S
Poe
Print Name
SECOND WITNESS
Print Name
Date:
ATTEST:
Dwight E. Brock, Clerk
BY:
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
The Pros of Sou F! ida Inc.
By:i_0 t' _
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
43
Andy Solis, Esq. Date
Chairman
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Construction Services Agreement: Revised 022018
EXHIBIT A,1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS.PAGO
8
Construction Services Agreement: Revised 022018 �'�
18-7353 Marco Island CCSO Restoration
BID SCHEDULE
Summary Description
The Mold Pros Inc.
Provide lump sum bid, based on the scope of services
assessment, for repair without bid alternates
$89,724.17
Additional MEP Requirements requested for code or safety
compliance
$5,500.00
Total
$95,224.17
Alternates
Lump Sum Alternate Bid
Alternate #1 — VCT Flooring
$3,640.00
Alternate #2 - Shower Fixtures
$620.00
Alternate #3 — Additional Drywall Removal and Replacement
(2500 Square Feet)
$7,000.00
Total
$11,260.00
Total Base Bid Plus Alternatesi $106,484.17
1-w:,,,.
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL. FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
9
Construction Services Agreement: Revised 422018
t.7
O Xe county
Administrative SeMDiAston
Rrocurement 5ervioes
Date: April 2, 2018
Email: @colliercountyfl.gov
Telephone: (239)
Add4nduat 1
From: Swainson Hall, Procurement Manager - Acquisitions
Tu; Intorested Bidders
Subject: Addendum # 1 Solicitation 418-7353 Maroo Island CCSO Restoration
The following Clarifications are issued as an addendum identifying the following clarification to the scope
of work. changes, deletions, or additions to the original solicitation document for the reFerenced
solicitation;
Change 1.
Updated Bid Schedule (See Attached)
If you require additional information please post a question on our Bid Sync bidding
Platform under the solicitation for this project.
C. Tony Barone, Prodect Managur
Please sign below and return a copy of this Addendum with your submittal for the uhove
referenced solicitation.
(Signature)
(Name of Firm)
Date
CA
J
cagier County
Email: f1
c callicrcou,nt . Dov
AdmhTstr-Ave 5alloes Divwion Telephone: (239) Y
Nracufeimm services
Addendum 2
Date: April 30, 2013
Frotin: Swainson Hull, Procurement Manager - Acquisitions
To: Interested Bidders
Subject: Addendum # 2 Solicitation #13-7353 Marco Island CCSO Restoration
The following clarifientions are issued as an addendLIM identifying the following clarification to the scope
or work, changes, deletions, or additions to the original solicitation document FOC tine referenced
solicitation:
Change I.
Updated Bid Schedule — Revision 2 (See Attached)
Change 2.
Updated brie pato — May 21, 2018 at 3:00PM
Change 3.
Site Visit Date— May 15, 2018 at 10:00AM
990 N Barfield Drive, Marco Island, F'L. 34145-2306
***Note***
Thom will be an addendum posted with all grant requirements for this FWAfDisaster related solicitation,
If you require additional information please post a question on our Did Sync (vyw)N . i s rnc.wOm) bidding
platform under the solicitation for this project.
C: 'Pony Barone, Project Manaacr
Please sign below and return a copy of this Addendum with your submittal for the above
referenced solicitation,
(Signature)
(Name of 1=ir,n)
Daty
Cofler C014Hty
AdrninlsMOve Services f o
Pimiremenl services
Date: May 18, 2018
lamail: @colliercountyfl.gov
Telephone: (239)
Addendum 3
From: Swainson )"call, Procurement Manager- AcgUiSitioll5
To: Interested Bidders
Subject: Addendum # 3 Solicitation 418-7353 Marco Island CCSD Restoration
The following clarifications are issued as an addendum identifying the following clarification to the scope
OF work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Changs~ 1,
FEMA Provisions (See Attaclred)
***Note***
All brant requirements for this FEMA/Disaster related solicitation must be signed an accepted
If you require additional information please past a question on our Bid Sync bidding
Platform under the solicitation for this project.
C; Tony Barone, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above
refereaced Solicitation.
(Signature)
ky
(Naine of Firm)
,-t I o
Date
Cn3er County
Adrninfs Ove Sefaices Qivision
Procurement services
Date: May 21, 2018
13mail: Swair�spn,h�ll�r cnllica.rcount�.
'l elephone: (239j 252 5935
Addendum 4
From: Swainson Hall, Procurement Manager - Acquisition%
TO: Interested Bidders
Subject: Addendum 4 4 Solicitation #18-7353 Marco Island CCSO Restoration
The following clarifications are issued as an addendttm identifying the following clarification to the scope
of'work, changes, dcletions, or additions to the original solicitation document for tho re'ler•eneed
solicitation:
Change 1.
Updated Dtie Date — Muy 24, 2018 at 3:4O.PM
Change 2.
Posting Updated Bid Schedule (See Attached)
Posting Collier County Contractor Fingerprint Packet (See Attached)
Posting, Field Print Instructions for Vendors (See Attached)
Change 3.
Questions & Answers:
I. Qualified damaged light I ixtures to he replaced per scopc item 2.9.
a. A total of45 ceiling mourntcd fixtures
2. Clarified that the upper and lower cabinets are to be replaced.
3. Confirmed [lie ceiling mounted exhaust fart in Shower Room Q is to be replaced,
4. Confirmed that any work for the replacement shower ti\tUre is to be fully priced into Alternate
#2.
S. Confirmed all popcorn ceiling to be removed per 2.2.4 does contain asbestos.
G, All employees working on the site or having access to the facility in any way will need badges.
Delivery personnel not having physical access to C:nunty facilities may be exempt. IFpersonnel
from outside of Collier Courrty are interested in getting fingerprinted ahead of tinge, see attached
documents for instructions to be fingerprinted at your local office.
7. The County has engaged with a ahold remediation company who will be responsible for the
identification removal of contaminants. If anything is identified during the project,, our vendor
will remediate and any delay will be factored in to the overall timeline.
8. A storage container and/or supply trailer may be staged on-site for use by the contractor but
access by the Collier County Sheriff's Marine Patrol is still needed so coordination is key.
9. Vinyl tile flouring in Room M may be left in place prior to installing replacement carpet or VCT
but the floor must still be properly prepped in accordance with Collier County Vertical Standards
and manufacturer's instructions,
***Note***
All grant requirements for this FEMA/Disaster related solicitation must be signed an accepted
If you require additional information please post a question on our Bid Syme (www.ridsvn_c__com) bidding
platform under the solicitation for this project.
C: Tony Barone, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above
t" efemneed solicitation.
(Si
moid PILO
(Name of Firm)
d-
2
.c.f apt_
Date
Ca 14 C.014nty
Adminlstmfive SeNms [ kAdon
Procurement SBNICeS
Date: May 23, 2018
Finail. Swainson.linll@collinymunty(l.
`felephs ne; (239) 252 8935
Addendum 5
From: Swainson flail, Procurement Manager - Acquisitions
To: Interested Bidders
Subject: Addendum # 5 Solicitation 918-7353 Marco Island CCSO Restoration
The following clarifications are issued as an addendum identifying the .following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Backup information only for the asbestos ceiling
*'p *Note * * *
All grant requirements for this FNMA/Disaster related solicitation must be signed an accepted
If you require additional information please post a question on our Bid Sync(N%,vw.bidsvnC.Gos►i.) bidding
platform udder the solicitation for this project.
C: 'Pony Barone, Project Manager
Please sign below scud return a copy of this Addendum with your submittal for the above
referenced Wkitation. _
(Signature)
`'t {'ISIS dJ S
(.Name of Firm)
01 l
Date
FORM I - RIO RICSPONSE FORM
BOARD OF COUNTY COMMISSIONERS
CURLIER C'OUNT'Y, FLORIDA
Marco Island CCSO Restoration
BID NO. 18-7353
Full Name of Bidder Thr Mold Phos Inc.
Main Business Address 3940 Radio Road 4106 Naples Florida 34104
Place of Business 3940 Radio Road #106NnolpSF1o6da341Q4
Telephone No. 232-262-6651 Fax No.
State Contractor's License N MRSR2419 MRSA 2223 C 152630
State of.11orida Certificate of Authority Document Nuinber_P16000036281
Federal Tax Identification Number 81-2325659
BUNS # 748830024 CCR#
Cage Code
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, .FLORIDA
(heir inafler called the Owner)
'rhe undersigned, as bidder declares that the only person or parties interested in this Sid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
uxausined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Speci fications.
Bidder proposes, and agrees it this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transporlation services necessary to do all the Work, and furnish all the materials and equipment specified or
refen-ed to in the Contract Documents in the mannor and time herein prescribed and according to the requirements of
the Owner as therehy set forth, furnish the Contractor's Bonds and insurance specified in the General Conditions of
the Contract, and to do till other things required of the Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule;
Unit prices shall be provided In no mare than two decimal points, and in the case where further decimal points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
st"M
FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Marco Island CCSO Restoration
Bid No. 18-7353
Name Personnel Category
Kody Wilson Construction Superintendent
Kody Wilson Project Manager
FORM 3 � MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Aid
specifications, including compliance with Florida Statute 255.24 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, tf an
exception for a manufacturer and/or material is proposed and listed below and is not approved by EngincerfProject
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B3
Section A (Acceptance of all manufaCnn'e5 and materials in Bid specifications)
On behalf oftny firm, I confirm that we. will use all manufacturers and materials as specifically outlined in
the Bid specifications,
compsN�z
Mold Pros Inc. /�/j
Signature: Date: bpd
Section B (Exception requested to Bid specifications inanufacturers and materials)
EXCEPTION_MAT1wR1 L
EXCEPTI aNMANUFACTLIRER
2,
4.
S.
Please inseti additional pages as necessary.
company:
Signature:_ y. Date IJ -2041
U�
C
FORM 4 - LIST OF MAJOR SUBCONTRACTORS
THIS .FIST MUST BE COMPLETED OR BID MAY BE DEEMED KION -RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the knajor categories outlined in
the requiroments of the Bid specifioadons,
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are "qualified" (as defined irk Ordinance 2017-08 and Section 1S of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage, The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Ridder to removelreplace any Subcontractor, at no additional cost to Ownor, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly atter the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shat] identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work
Subcontractor and Address
1, Electrical
TAD
2. Mechanical
3. Plumbinp
TBD
4, Site Work
5. Identify other subcontractors
that represent more than 10%
orprice or that affect the
critical path of the schedule
TMP Restoration
3428 Runaway Lane
Naples FL 34114
Company:
Signature:
'rl�►-ct _
— -Mal.- Date: is/
FORM 5 —STATEMENT OF EXPERIENCE OF BIDDERI
The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a
judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly
as required under the terns of the Agreement.
Project and Location Reference (include phone # or email address
Collier County—Everglades Museum Tony Barone
Tony.Ba rone@colliereountytl.gov
Company:
Signature:
Date: ?
Tony Barone
2.
Collier County — Marco Island CCSO
Tony.Barone@colliercountyfl.gov
Ralph Bosa
3.
Collier County — East Naples Library
Ralph.Bosa@col lie reou ntytl.gov
Steve Richards
4.
Panera Bread Company
steven.richardson@panerabread.com
Chris Kamp
5.
Dillard's Dept Store
chris.kamp@,dillards.com
6.
Shelt Air
John Hayden
jhayden@sheltairavia tion.com
Company:
Signature:
Date: ?
FORM 6 - TRENCH SAFETY ACT
[udder acknowledges that ineluded 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 identilaes die cost to be surtunarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost
(Description) L( F SY)
NIA
2.
3.
4.
5,
TOTAL S
Failure to complete the above may result in the Bid being declared non-responsive,
Company:
Signature:
Bate:? /Ij/.
FORM 7 - BID BOND
KNOW ALL MEN BY'THESI"s P'RESEN'TS, that we, TMP Restoration Inc. (herein aftercalled the Principal) and Old
republic Surety Company, (herein called the Surety), a corporation chartered and existing under the laws of the State
of Florida with its principal offices in the city of Naples and authorized to do business in the State ofP'lorida are held
and Firmly bound ntoo Coil'County (hereinafter called the Owner, in the full and just sum of
dollars ($ cls ,ClGrd- _] good and lawful tn.aney ofthe
United Mes of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the
Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials,
equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Rid leo.
18-7353 Marco Island CCSO Restoration.
NOW, THEREFORE, if the Owner shall accept the Aid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award io 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 ror the faithful performance ofthc Agreement
and for the pcompt payment of labor, materials and supplies Furnished in the prosecution thereof or, in the event of the
Failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of noted above
as liquidated damages, and not as a pennity, as provided in the Bidding Documents, then this obligation 5he11 be null and
void, otherwise to remain in full force and effect.
IN TESTIMONY hereof the Principal and Surety have caused these presents to be duly signed and scaled this
I + .day of ,2U?
BY
Countersigned
Appointed Producing Agent for Matt Smith [e Smith Insurance & Bonds
Principal
(Seas)
s urcty
(Seal)
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 Cerli flcates
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 Fonds w,e 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 dcl.iver to Owner the
required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure,
[lie 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 Ridder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successfltl 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 Ageement,
insurance Certificates, and Bonds in a timely planner.
Upon receipt ofthe 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 modified (iatcr) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within Seventy -Five (75)
consecutive calendar days, computed by excluding the commencement date and including the last day of such period,
and to be fully completed to the point of final acceptance by the Owner within Fifteen (15) consecutive calendar days
after Substantial Completion, computed by excluding commencement date and including the last day of such period.
Respectfully bmi ted-
Stats of Florida
County of Coliter_
Jobri A. Bohde _, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as
indicated and that all statements herein made are made on behalf of'such Bidder and that this deponent is authorized
to make them. John A. Bohde, 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 Florida, whicb operates under the
legal name of The Mold Pros of South Florida Inc, and the Full names of its officers are as follows:
President: Diane M_ Bolide
Vice President: John A. Bolide
John A. Bohde is authorized to sign construction bids and contracts for the company by action of its 13oard of Directors
DATED ,� 1. - % — The Mold Pros Inc.
Legal Entity
tUf`jbl3Y: John A. Bohde
ltness ,t,�� blame Hid (T ed
�tuess� Signature
sident
Title
STATE OF F'i a _
COUNTY OF CAtl r -C c4.
The foregoing instrument was acknowledged before me this -. (lily of ���Qw_, 20 )Q° , by
_ its _ of
a _ corporation, on behalf of the corporation. fie/she
is personally known to me or has produced �L _ �t3a }_•.16 �r • as
identification and did (did not) take an oath.
My Commission Expires: Mp.).h
ignature orNotary)
NAME:
0011l1 1/� s (l..egibly Printed)
(AFFIX OFFICIAL SEAL) -.M*`t NS W., /� Notary Publie, State of r m-
�� � 00040 060 A ♦I
cN"
2
WA
THOMAS WALPO E IV CH29610695
239-732-3652 Z6235-010
Wells Fargo Bank, N.A. C01 287
E~AUe CREEK AU 66649
Res WfillIx Submitted:
State of Florida
County of Collier
J hnv kA, Bohde, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that
all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make deem.
John A. Bohde, also doposes and says that it has examined and carefully prepared its Hid from the Bidding Documents, including the
Contrast Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained
herein are true and correct,
(a) 1C0—MqLation
The Bidder is a corporation organized and existing underthe laws of the State of Florida, which operates tinder the legal name of The
Mold Pros of South Florida, and the full names of its officers are as follows:
President Dune Bah e
Vice President Ditte Soh
Treasurer JOIn,�
Manager
John A. Bohde is authorized to sign construction bids and contracts for the company,
(b) Co -Partnership
The Bidder is a copartnership consisting of individual partners whose full names are as follows:
The co -partnership does business under tlic IcE;al came of:
(c) Fntlividual
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-Pamership or ((:) Individual from previous page.
DATf1P .. _ The Mold Pros of South Florida Inc.
Legal Entity
BY: John A. Bohde
Witness Name ofBid
Witness Signature
Vice Pre rdent
Title
STATE OF Finrtdor
COUNTY 01 Com' 6w__ .
The foregoing instrument was acknowledged before mo thisday of 6$' 20 VT by
as of a
corporation, on behalf of the oorporotion,
llefshe' p onally known to tine or has produced
' cntiti ti :9rl
d did (did not) take an oath.
My Commission Expires:
ignatum of Notary)
NAMH: `11VMaaL.14W ck " T
111111I,1(Legibly Printed)
(AFFIX OFFICIAL SEAL) ♦��%% �q�ry Notary Public, State of AIWIAM
\�.�■.-P IS I
*+�* r
Z
% � 'QQ X `
r
pip 4101111111110%%%
THOMAS WALPOLE IV CH29610695
238-732-3832 26235-01a
Wells Fargo Bank, N.A. COIR 287
EAGLE CREEK AU 56649
OA
U
OLD
REPUBLIC U ECOMPANV
_
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That OLD REPUBLIC SURETY COMPANY, a 1Nisconsin stock insurance Corporation, does make. constitute and
appoint
Roberta S. Witherow of Brookfield, Wl
its true and IasJflrl Attorneys) -in -Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal Of the company thereto (if a seat is required), bonds, undertakings, recOgnizances or other written obligations in the nature thereof,
(offrer titan bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance wori(ers compensation bonds guaranteeing payinent of benefits, asbestos abatement contract bonds, waste
management bonds, hazardous waste rernediation bonds or black lung bonds), as follovrs; Effective Date: 2/2312018 12:00:00 AM
Bond Number: IN150308485 Bond Amount: One Hundred Thousand Dollars
Princi,oal Name: JOHN BOHDE $'tQQ,000.U0
Obligee Name: FL Dept of Business & Professional Regulation of Tallahassee, FL
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appginiment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that the president, any vice president 01' assistant vice president, to conjunction with the secretary or any assistant secretary, may appoint
stiorreys-in act or agents with authority as defined or limited in the instrument evidencing the appoinimart in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
ramove any sucii attorney-in-fact or agent and revoke any Power of Aftorney previously granted to such person.
11
RE=SOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president of
secretor,; or assisianl vice president, and attested and sealed (if a seal be required) by any Secretary or assistant
({i) +xhen sighed by the president, any vice president or assistant vice president. secretary Or assislant secretary, and countersigned and seale=d (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed of a seal be required) by one or mon: aftorneys-in-fact or agents pursuant to and within the limits ofthe authority
evidenced by the Povrer of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facaimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or Other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed,
1N VATNESS %A!HEREOF
affixed tiis — 23PJ
OLD REPUBLIC SURETY COi:1PA111Y has caused these presents to be signed by its proper officer, and its corporate seal to be
day of -- February 2018
SUfj OLD REPUBLIC SUR TY COMPANY
SEAL i>
^_ P,5 bl5teln( 54, 1'ib1 �f`( •--- P—;danl
,0TATE OF WISCONSIN. COUNTY OF WAUKESHA - SS
On this 23rd day of _,._ Februar � 2018 y
-�--w-- personally came before nee, Alar, Paylic
and Jane E. Cherne «-------------.-----
-- — to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
•'rho executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they we the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seat
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation:
'-
Na!a^+ Pu?++lip
Nly Commission Expires: 09/28/2018
CERTIFICATE (Expirnfion of•notary's commission does not itrvolidofe this instrument)
1, the undersigned, assistant secretary of the 01-D REPUBLIC SURETY CC)MPANY, a to/isconsin corporation, CERTIFY that the foregoing and attached
Po�,ver of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Povrer of
Attorney, arc now in force,
0022924
3: SEA I ;; Signed and sealed at the City of Brookfield, WI fhis —_ �+"std day of February 2018
�O' Itlet etc
< Resistant Secretary
SOL. RISK, INC. DBA SMITI-, INSURANCE & BONDS
Co)ew County
Administralive SWces Deparlmanl
Prowrernern 801v oys blvislor
FORM 9-C:ONVIAC rOH INTEREs7'AFFIDAVIT
The Vendor cmilfies that, to the bast of its knowledge and belie], the past and current work on any Collier County project affiliated
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground rules —The film has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g„ writing a procureniont's statement of work, specifications, or performing systems engineering and technical
direction for the procurement) which appears to skew the competition in favor of my firm.
Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified
above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to
render impartial advice to the government.
Unequal access to in foritintion The firm has not had access to nonpublic information as part of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in cumont or future solicitations and contracts.
In addition to this signed affidavit, flip, conh-artor ! vendor inust provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), documents) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categorles above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, tho firm (employees, officers ancUor agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant racts concerning past, present, or currently planned interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational Conflict.
Firm: The {Mold Pros. Inc. r�
Signature and Date: A 63
Print Name: John A# Rohde
'title of Signatory, Vice President
oze-r 014.tt'y
Arit1tinisti etive Services Depailme t
Procurers.^nt Sr. ,irFs Divhmn
FORM 10 - VENDOR Dc. CLARA'rION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without collusion or fi•aud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a
formal contractual relationship between the firm and Collier County, for the perforniance of all requirements to which the solicitation
pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the
vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a
proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ _ day of _ _ 20_ in the County of
_, in the State of
Firm's Legal Name: The Mold Pros of South Florida Inc.
Address: 3940 Radio Road #106
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
*CCR # or CAGE Code
*Only if Grant Funded
Telephone:
Signature by:
(Typed and written)
Title:
Naples FL 34114
P16000036281
239.262.663
Vice President
COI -r C01474ty
AdminislraliYe Services Department
P(acijre ,e L Servlres Division
FORM I I ,1MMIORA'VION AFFIDAVIT C'EWTIMATIO,u
This Affidavit is required and should be signed, notarized by an authorized principal ofthe firm and submitted with formai solicitation
submittals, Further, Vendors arc required to enroll in the E -Verify pt'ogeam, 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 nceetrtahle evidence of enrollment in the E -Verify prnf_xrnm Mny deem the_-yendor's pro )osal as non-
respan sive. ^
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 Inuttigl-ation
and Nationality Act ("INA"),
Collier County may consider the employment by any Vendor of unauthorized aliens a violation ofScction 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 or the Memorandum of Understanding with E -Verity and to
provide proof of enrollment in The Employment eligibility Veri Fscation System (E -Verify), operated by the Department oFHomeland
Security in purtnet-Ship with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Name —Flu I VY 110 _ fts —
print Name Title _ iJiC_� 4�f�4-SitE'r
Signature Date
State or -jet_
County of
The signee of these Affidavit guarantees, as evidenced by the sworn affidavit Required herein, the truth and accuracy oFthis
affidavit to interrogatories hereinafter made.
W,q4,oyi
•,...«...,f r
Colntnissi* ��•,•'d A Q
iso d
_ r
THO WAi POLE IV CH29610695 !� 0(� `
-732-3632 26235.010 j► \,0
Wells Fano Bank, N.A. GOID 287 i� ''- � 1�«•• `w�
I,AGLE CREEK AU 66849 i#-#;, Q F &�0%♦
Additional Contact Information
Send payments to:
The Mold Pros. Inc
(required if different from
Company name used as payee
above)
Contact name:
Diane Bohde
Title:
President
Address:
3428 Runaway Lane
City, State, ZIP
Naples, FL 34114
Telephone:
239.262.6653
Email:
infon.themoIdpros.coni
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
E mail:
Secondary Contact for this
John Bohde
Solicitation:
Email:
'aI hn@themold�ros_com
Phone:
239.262.6653
Co ,r C094Hty
Adrnl�isUaiive Serrices De�rtm21Y,
P1=4w of SeMccs D] -w r
FORM 12 - VENDOR SUBSITIT IT W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information
for tax reporting purposes from individuals and companies who do business with the County (including social security numbers
if used by the individual or company for tax reporting purposes). Florida Statute 119,071(5) requires that the county
notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated.
Please complete all information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name The Mold Pros of South Florida Inc.
(as shown on income tax return)
Business Name (if different from taxpayer name)
Address _3428 Runaway Lane
State Florida
City _Naples
Zip 3411
Telephone 239.262.6653 Email info@themoldpros.cont
Order Information (Must be filled out) I Remit / .Payment Information (Must be filled oat)
Address 3428 Runaway Lane
Address 3428 Runaway Lane
City Naples® State FL Zip 34114 City Naples, State FL Zip 341.1.4
Email Info@themoldpros.com Email info@themoldpros.com _
2. Company Status (check only one)
_Individual / Sole Proprietor
Y.Corporation
_Partnership
_Tax Exempt (Federal income tax-exempt entity
Limited Liability Company
under Internal Revenue Service guidelines IRC
Enter the tax classification
501 (c) 3)
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reportingpurposes only)
Federal Tax Identification Number (TIN) 81-2325659 _
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award).
4. Sign and Date Form: Certification:
Under enal 'aerjzny I certify that the in urination shown on this form is correct to in), knowled e.
Signa tie
Date
Title V
ID
Phone Number
23'i- ZU -66S-3
F-- FORM 13 - BIDDERS CHECKLIST
IMPORTANT. Please read carefully, sign in the spaces Indicated and Mtgrn with your Bid. Bidder should
chuck off each of the following items as the, necessary action is completed:
I. `I-hc Bid has been signed.
2. The [lid prices offered have been reviewed,
3. 'flip, price extensions and totals have beet► chocked.
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 instnictiorls form
2. Constt-uction services agreement
3. Purchaso order terms and conditions
R. All of the foilowing bid forms have been completed and signed:
1. Bid For,n (Norm 1) 8.
Insurance and Bonding Requirements (t~ai,n 8)
2, Contractors Key Personnel (Form 2) 9.
Conflict of Interest Affidavit (Form 9)
3. Material. Manufacturers (roan 3) 14.
Vendor Declaration Statement (Farm 1 p)
4. List of Major Subcontractors (Form 4) 11.
Immigration Law Affidavit Certification
5. Statement of Experience (Form 5)
(l:orm 1 I)
6. Trench Safety Act (Form 6) 12,
Vendor Substitute W-9 (Form 12)
7, Bid Bond Form (Form 7) 13,
Bidders Checklist (Fenn 13 -- this form)
4. Copies of required information have been attached
1. Company's E -Verify profile page or memorandum of understanding
2. Certificate ofAuthority to Conduct Business in State of Florida
3. Any required professional licenses T 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. Any addenda have been signed and acknowledgement form attached and included.
12. 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.
_ T'l d efas
Bidder Name
4041 VP __
Signator 'Title Datc
state of Florida
Department of State
I certify frons the records of this office; that THE MOLD PROS OFSOUTH
F l OPLIUA INC, is a corporation organi=d under the Ism of the Slue of
Florida, filed on April 2I, 2016, effective April 21. 2016.
The document Miniber of this corporation is 111600003628 1.
I tiirther certify that said corporation has paid all fees clue this oi'.{ice through
Dece:tnbu 31, 2018, that its most recent anninal reportlunifonn business repoit
was .filed on March 29, 2018, and thatits status is €ictivo.
I fut•ther certify that said corporation his not tiled Articles of Dissolution.
Given under my hand and the
Great Seal of the Stote qj'Morldu
at Tallahassee, the Capital, this
the 71Veniv-ltlnilt day of Murch,
2018
Secretary of State
f'a•rlritittp� j4ug1bU1: {:C'i$2J21GR12
To authenticate (109 cuiificate,vi8it the folio►ving site,miter this nnnaber, send them
follow Ihr Instructions tiisp4lYet1'
https:/Iservice~.sunbi%.org/Picings/C:ertiflclije NSt,►tus/CertiflCpteAuthenticittion
DBPR. - WILSON, KODY WAYNE; Doing Business As: TMP REST0JW'I0N INC., C— Page I of I
6:16:01 PM 3,Q912018
Licensee Details
Licensee information
Name:
Main Address:
county:
License Mailing:
Ucensel-ocation:
COUnty:
License Information
License Type;
Rank:
License NUrnber:
Status:
Licensure Date:
Expires:
Special Qualifications
Construction Business
Alternate Names
WILSON, KODY WAYNE (Primary Naine)
TMP RESTORATION INC. (DSA Name)
301 COLONIAL AVENUE
MARCO ISLAND Florida 34145
COLLIER
3428 RUNAWAY LANE
NAPLES FL 34114
COLLIER
Certified General Contractor
Cert General
CGC1526308
Current,Active
03/28/2018
08/31/2018
Qualification Effective
03/28/2018
View Rrelated License Infai-mation
View 'License r-orliqla-liji-t
2.601ffla!L Stone Road, T'Lt�gLla ( Ff- 32.399 :: EM -W: �RT t - :
- -- tqR%L- mf�E : Custrnnei- Cc-nLac:, Cent,fir: 850.487.1395
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do not ser'Ll ofecuoWc mad ?,a this fln(tty. lnsLezii, (:1*,nN1ath'fico by pyrone fif, by traditional Ina,11. lfyOu have any
(;ontwrt 35D.40.1395, W -155.275(1), i -
loridla 'Alatuies" efff?(Aive October "' 2012, fir:ensi_es
iire:'I�ed under (J I--, pret. ass; 'F'S. must pr .verb, tilp etri emait if khey have one. The ern ak. prrvided may be
p�ease pr<i, if yl)u do not wish to supply
S"A for ufficial cn,mllunication witfl the 'nnoi! pj'cj,c
mvidie UftOep��riw(lnt an addrfs;� w!�Ich u�m 1)1,1 Made 1y3i1bb1L to the ptlbflc.
httl)s:li'WNvNv,iii),f.loridaticeiise.coi-nJ.[.iceriseDetaii.asp?S11)&id=801�CD49CDDAOC29CC... 3/29/2018 471-
Detail by Entity Name
Florida DgEartmeny C,
jLq&eLrjai_arq of State / j2ivision of Corporations Search Rg�q
Page I of 2
Divisio- DF CGR"GIRATIONS
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=Entity... 6/12/2018
Detail by Entity Name
2017 04/07/2017
2018 03/29/2018
2018 04/03/2018
Document Images
D4/03/2D.L- -- AMFNDED ANNUAL REPORT Vieev intage in PDF format
D3/29/1Di B -=ANNUL L REPORT View image in PDF format
04/()7/2017..=_&N N UAL REPORT View image in PDP formal
04121/20'1 U -- Domestic Profit Vicw imago in POF format
Page 2 of 2
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?in quirytype=Entity... 6/12/2018
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Kody Wilson
Personnel Category
Construction Superintendent
Kody Wilson Project Manager
10
Construclion Services Agreement: Revised 022016
Q.X.
EXHIBIT B-1: PUBLIC PAYMENT BOND
18-7353
KNOW ALL MEN BY THESE PRESENTS: That
located at
Address) are held and firmly bound to
sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
Bond No.
Contract No. 18-7353
as
Principal, and
as Surety,
(Business
as Obligee in the
WHEREAS, Principal has entered into a contract dated as of the _day of
20 with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond,
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement: Revised 022018 -
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
BY:
NAME:
ITS:
PRINCIPAL
The foregoing instrument was acknowledged before me this ,day of
by as of
a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
12 rQ1_1\
Construction Services Agreement: Revised 022018
W
Witnesses
STATE OF
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
20, by
Surety, on
behalf of Surety
oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
He/She is
personally known to me OR has produced
as identification and who did (did not) take an
Name:
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
13 V
Construction Services Agreement: Revised 022018 4
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
18-7353
KNOW ALL MEN BY THESE PRESFNTS: That
as Principal, and
as
Bond No.
Contract No, 18-7353
Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($ )for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14 —�
Construction Services Agreement: Revised 022018
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
M
NAME: _
ITS:
The foregoing instrument was acknowledged before me this
20 by
of
corporation, on behalf of the corporation
to me OR has produced —
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
day of
as
a
He/she is personally known
as
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
15
Construction Services Agreement: Revised 022018
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of _
20 , by as of
a , Wrety, on behalf of
Surety, He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
16
construction Services Agreement: Revised 022019
Q�
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Contractor shall procure and maintain property insurance upon the entire project,
if required, to the full insurable value of the scope of work.
The County and the 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, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County", or, the specific solicitation number/contract number and
title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation
shall name Collier County, 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 named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Contractor has any self-insured retentions or deductibles 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 responsibility for such obligations. All self-insured retentions or deductibles
will be Contractor's sole responsibility.
Coverages shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the
County of policy cancellation or non -renewal on the part of the insurance carrier or the 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, nonrenewal or material change in coverage or
limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor
of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy
to be provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
17
Construction Services Agreement: Revised 022018_ <_
Should at any time the Contractor not maintain the insurance coverages required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages 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. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Contractor to providethe Countywith such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
18 M
Construction Services Agreement: Revised 022018
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory
Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the
State of Florida is required. Entities that are fonned as Sole Proprietorships shall not be
required to provide a proof of exemption. An application for exemption can be obtained
online at haps:/lap,fldfs.corn/hocexem
2. ® Employer's Liability
$ _1,000,000 -single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current ISO$_1,000,000
`: single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability
fonn
and Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement.
5. ® Automobile Liability $ _1,000,000_Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of
the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
❑ Pollution $ _ _ Per Occurrence
❑ Professional Liability $ Per claim & in the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ _ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Cyber Liability $ — Per Occurrence
❑ Technology Errors & Omissions $ __ Per Occurrence
19 t "
Construction Services Agreement: Revised 022018
7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an
irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a
sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County
Board of County Commissioners on a bank or trust company located in the State of Florida and
insured by the federal Deposit Insurance Corporation.
8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract by
Bonds Proposers receiving award, and written for 100°X0 of the Contract award amount, the cost borne
by the Proposer receiving an award. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general
policy holders rating and Class V or higher her rating as to financial size category and the amount
required shall not exceed % of the reported policy holders' surplus, all as reported in the most
current Best Key Rating Guide, published by A.M_ Best Company, .Inc. of 75 Fulton Street,
New York, New York 10038.
9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same
Consultant shall provide County with certificates of insurance meeting the required insurance provisions.
10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required, This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available for the benefit of the Additional Insured and the Contractor's policy shall be endorsed accordingly.
11. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR. Collier County. The Certificates of Insurance must state
the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf
of Collier County.
12. E] Thirty (30) Days Cancellation Notice required.
3/26118 -GG
Contractor's insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)
days of the award of this solicitation.
Name of Firm
Contractor Signature
old Pros Inc
Print Name
John . Bohde
Insurance Agency
HUB International
Agent Name
Mark Kuhr
Date 05/23/2018
Telephone Number 406.756.4132
20
Construction Services Agreement: Revised 022018
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, I ("Contractor') releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
,20 for the period from to . This
partial waiver and release Is conditioned upon payment of the consideration described above. It is not effective
until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might befiled, 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 Contractors [monthly/final] Application for Payment
No.
Witness
President
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS -
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
20 , by , as of
a _ _ corporation, on behalf of the corporation. He/she is personally
known to me or has produced as identification and did
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
NAME: _
(Legibly Printed)
Notary Public, State of
Commissioner No.:
21
Construction SeNiCes Agreement: Revised 422018
U
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMCNT
Collier Count Board of
Owner's Project
Mann er's Name:
County's Division Name
Submitted by Contractor
Fie resentative: Name
Contractor's Name &
Address:
Contract Time:
Retainage @10%
through [Insert bate]
Retainage Q _ _%
after [Insert dates ---
Percent Werk Completed
to Date:
Percent Contract Time
Completed to Date:
Liquidated Damages to $
Be Accrued
OWNER or Colller County Water -Sewer
Bid No.
Project No.
Application Hate:
Payment Application No.
;t Price: $
Total Change orders to nate;
Revised Contract Amount;
Total Value of Work Completed &
Stored to Date:
Retainage @ 10% through [Insert
date]
Less Retainage Is
Total Earned Less Retainage $
Less previous payment(s
AMOUNT DUE THIS $
APPLICATION;
Remaining Contract Balance 4 s
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered t through inclusive, (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such
as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were Issued
and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts
in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in
advance of such Work.
22
Construction Services Agreement: Revised 022016 Q
4J
EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Name: Project Number.
Date:
— Period To: _.. '.. '..
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT
NUMBER VALUE MATERIALS OMPLETE COMPLETE
PREV0USAPPLICATI0NS THIS &STORED
THRU DATE SINCE DATE PERIOD TO DATE
BALANCE 10% _'/a TOTAL
TO FINISH RETAINAGE RETAINAGE RETAINAGE
Ireducedmte) WITHHELD
TOTALS
'Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot
into play. If this happens, all information up to the date of the %change In retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states
what has happened since the change in retainage.
23
Construction Services Agreement: Revised 022018
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: CHANGE ORDER
An electronic data entry form may be found at:
htt :l/bccs 01/SiteDirecta /ASD/Purchasin /Forms1/Forms/Default.as x
Change order Farm
ContractM
Change
PurchaseOrderSl1
71
Projeatc
ContractarlFirm Namr,
TwalChange freni CrialnalAmounl
Revised Contrart'W ak Order Total
Vroject Name:
Viv,,,ih
ProjeatManagerNamel I department:
Criainal Cordractr wk Cyder Amount
Orlalnal BCC Apprevol Data; Agands Item #
Current BCC AporcvadAmount
Last sr—C A"toval ante; Astenda Item 0
Current C ontr a cM ark Ofder Amount
SAP Contract Expiration Dste [ fulaster)
Dollar Amount of this Change
TwalChange freni CrialnalAmounl
Revised Contrart'W ak Order Total
S 0,00
Viv,,,ih
Change front Curent BCC Approved Amount
a nnn
ChanaefroniCurentAmount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to PtoceeE Original = Last ApprdvadKayoed Date
Date Completion Dat Date Itnc�rye&w:cna'gfi':i
6 of Ilays Added $eleatlraski C1 Add newtaskimiC]Deletetaskts1 OChangetask(s}DOtheri:MOYM
Provide a response tothe ollowing:1.1detailed and specifkexplanationfratlonaleofthe reyuestedehange{sttothe tasktatand )or
the additional days add edlifrequest j;2.)whygilschange War. not includOinthe original eontraot_and, 3.tdescribe tile Impact 0
Prepared by; Dale;_
ro}t^t tjar.3ge1 NjIme and eparlmtnt)
Azcemrce of this Change Order sb all consul Lie a M671fraOM tocWl rad l orad: ardaif i]tnldret a GcV 8 ;nd'M it bi a Y l})ta:.i io ail IAa same
terms arid as aonliMed in the contrast 7 workordtf In ligated above, as fairy as it 04 5uled! ir. this J"epwml The
a djWmant. it a n.y. to She Contract 5 K311—dilute a full and fin sI a ett Ipmenl of any and dllc Ixims of t he Contracwr 1 Vendor F CBnSultantf
Daatian Profess ivnalads Ing oW of or relaiedloot chzr.;e set forth karalo, Irvelading claima for impact and detay acstr.
PAwe ted b Dat
p y. Contractor; +Bfrjar( On9uh3n=! Desiare rAfess>aralard a.mea nm, � pra}ectapphc.bla
Approved by:
(0—Dr.—IR—n Prolm3ior31ar-yNamaof Fkrrn. If propciappka e1
Approved by: Data 1
ror:uremanl r4 essrar,al
_ . : •r::. aav'9 aS:ii rT3 : �"nS,rb; r-3ti-1 ,� c^ [tea ale v'r+,?:.;
25
Construction Services Agreement: Revised 022018 �
'J
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
26
Construction Services Agreement: Revised 022018
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
By:
Type Name and Title
27
Construction Services Agreement' Revised 022018
MQ
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: _
Contractor:
The following items have been secured by the
for the Project known as
te: 20
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount.
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days,
Actual Date of Substantial Completion;
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
28
Construction Services Agreement: Revised 022018
t3 1
1.
All Punch list items completed on _
_
2.
Warranties and Guarantees assigned to Owner (attach to this form),
3.
Effective date of General one year warranty from Contractor is:
4.
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form),
S.
As -Built drawings obtained and dated:
a
6.
Owner personnel trained on system and equipment operation.
7.
Certificate of Occupancy No.:
Issued on (attach to this form).
t3.
Certificate of Substantial Completion issued on
9.
Final Payment Application and Affidavits received from Contractor on:
10.
Consent of Surety received on
11.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Parts or Special Toots provided to Owner:
13.
Finished Floor Elevation Certificate provided to Owner -
14.
Other:
If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach
explanation -
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
28
Construction Services Agreement: Revised 022018
t3 1
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract"Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power,
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29
Construction Services Agreement: Revised 022018
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption, Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (1) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (Iii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified. Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for starling and completing the various stages of the Work.
3,2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below, The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
ao
COf18tfUCtiorl Servire$ Agreemonl: Revised 022018 Irk
U
limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday, No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owners prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. if payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional), After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment: (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S, and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
31
Construction Services AOYOement: Revised 022018
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request
or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever
is less. Such sum shall be accumulated and not released to Contractor until final payment is due
unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project
Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the
percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the
Owner's procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
32
Construction Services Agreement: Revised 022018
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 1=xhibk CC, 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
O,
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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Construction Sorvices Agreement: Revised 022018
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
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Construction Services Agreement: Revised 022018 -`
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
35
Construction Services Agreement: Revised 022018 }
(e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As -Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material -men, as well as coordinating is Work with all
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Construction Services Agreement: Revised 022018
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
37 }
Construction Services Agreement: Revised 022018
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 limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub -subcontractor For field and
home office overhead is included in the markups noted above. Contractor's and Sub -Contractor's
bond costs associated with any change order shall be Included in the overhead and profit expenses
and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or
subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the
accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change
Order or Work Directive Change,
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
90.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed
38 r'r•-,,
Construction Services Agreement: Revised 022018•
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work, If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the Contractor/VendorlConsultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises Immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
35 I-
construction Services Agreement; Revised 022016 I '.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and
obligations set forth under Exhibit B -3B-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 the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14,2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s� and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately,
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
« Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
contractors] Bidders are required to enroll in the E -Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor'slbidder's proposal. Acceptable
evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of
the fully executed E -Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Dallier County Procurement Services Division an executed affidavit certifying
they shall comply with the F -Verify Program. The affidavit is attached to the solicitation documents -
if the Bidder/Contractor does not comply with providing both the acceptable E -Merl
evidence and the executed affidavit the bidder's I Contractor's proposcli may be deemed non-
resE _onsive.
40 -
Construction Services Agreement: Revised 022018 r} '
Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et sea• and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
�p m,
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Construction Services Agreement: Revised 022018��
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TFERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials orto correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). if Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the fall amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18A The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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Construction Services Agreement: Revised 022018
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 be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
43 t
Construction Services Agreement: Revised 022018
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unlessotherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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Construction Services Agreement: Revised 022018
21 .2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify Compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager,
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered withoutwritten concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to coverthe same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential
45
Consiruction Services Agreement: Revised 022018 _ . 1
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 Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. if it is found that such
Work is defective. Contractor shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or far which Owner has paid Contractor butwhich are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
46
Construction Services Agreement: Revised 022016 `
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owners rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS,
24,1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractors representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit Art
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.13, for services not rendered.
25. PROTECTION OF WORK.
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner
or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES.
26,1 In the event of an emergency affecting the safety or protection of persons or the Work or
property atthe Project site or adjacent thereto, Contractor, withoutspecial instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
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Construction Services Agroemeft Rovised 022018
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to,
28.1.1 All employees on or about the project site and other persons andlor organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NEPA 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 NEPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28,4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
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Constructlon Services Agreement: Revised 022018
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event. Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times, All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times complywiththe OSHA regulationswith respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities onlythrough the ingress
and egress points identified in the site utilization plan approved by Owneror as otherwise designated,
from time to time, by Owner in writing;
28.57 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28,5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Ownerfrom time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with
the Project Manager, design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work, During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
49
Construction ServjoeB Agreement: Revised 022018 a�
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre -construction conference) as may be directed by the Project Manager,
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completionfkermination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32, SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on Forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
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Construction Services Agreement: rteuisad 022018
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and oomposition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuantto a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the'election of
Construction Services Agreement: Revised 022018
Owner upon termination of Contractor, (3) provide that Owner will bean additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub -
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order_ In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work, The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide;
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33,6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33,6 into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.9 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records;
341.9 Subcontracts and Purchase Orders
34,1,2 Subcontractor Licenses
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Construction Services Agreement; Revised 022016 ,
34.1.3
Shop Drawing Submittal/Approval Logs
34.1.4
Equipment Purchase/Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost -Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As -Built" Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
53
Construction Services Agreement: Revised 022018
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS(o)-colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
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 sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
54
Construction Services Agreement: Revised 022018 K
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
55
Construction Services Agreement: Revised 022018 `` -,
EXHIBIT k SUPPLEMENTAL TERMS AND CONDITIONS
56
Ganstmclion Services Agreement, Revised 022018
EXHIBIT I
FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EiVIEI2GENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an
entity that receives a contract (including a purchase order).
Compliance with Federal Low, Regulations and Executive Orders: The Suis -Recipient (County) agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all
claims of whatever nature arising Out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by low.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with any and all
other relevant Federal, State, and local laws, regulations, codes and ordinances:
2 C.F,R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
c, 44 C.F.R. Pari 206
u The Robert T_ Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C_ 5121 et req,, and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for Incidents declared
on or after April 1, 2017)
Reporting: The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting. It is important that the contractor is aware of the
reporting requirements of the County, as the Federal or State granting agency may require the contractor
to provide certain information, documentation, and other reporting in order to satisfy reporting requirements
to the granting agency.
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representative'& access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit
any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed. (3) The contactor agrees to provide the FEMA Administrator or iris authorized
representatives' access to construction or other work sites pertaining to the work being completed under
the contract.
DHS Seal, Logo, and Flags: The contractor shall not use the DFIS seal(s), logos, crests, or reproductions
of flags or likenesses of OHS agency officials without specific FEMA pro- approval.
No Obligation by Federal Government: The Federal Government Is not a party to this contract and is not
subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges
that 31 LJ,S.C. Chap. 38 (Adminlstrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
EXHIBIT r - t
(9
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act,
Termination: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause;
further the County may terminate this Agreement for convenience with a thirty (30) day written notice, The
County shall be sole judge of non-performance, In the event that the County terminates this Agreement,
Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earners
through the date of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition
of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the County must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Changes: See Standard Purchase Order Terms and Conditions.
Procurement of Recovered Materials (§200,322) (Over $10,000): (1) In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA
designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for
compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https//www,epa:oq.v/snirnlcomprgtaensive_t)rocurement- uideline_cpg_
�ogram
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § -180.940) or disqualified (defined at 2 C.F.R. § '180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C,F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart. C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever op ssible. (b)
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
EXHIBIT I - 2
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(3) Dividing total requirements, when economically feasible, Into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, Akre the ro ui amen rmits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, ase anvrooriate, Of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce; and
(6) Requiring the prime contractor, if subcontfacts are to be let, to take the affirmative steps listed
in paragraphs (1) through (5) of this section.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
Fin, all contracts that meet the definition of "fed era ll_yssisted Construction contract" in 41 C.F.R. § 60-9.3
roust include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation. gender Identity, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orlentation, gender
identity, or national origin, Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship- The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to ba provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
ll. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formai
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or Is consistent with the contractor's legal duty to furnish
information.
IV, The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
V. The contractor will comply with all provisions of E=xecutive Order 91246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
EXHIBIT I - 3
EXHIBIT
EECERAL CONTRACT PROVISIONS AND ASSURANCES
VI. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of tabor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of Investigation to asuurtaln compliance with such
rules. regulations, and orders.
VII, In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rude, regulation, or order of the Secretary of Labor, or
as otherwise provided by law,
Vlll. The contractor will include the provisions of paragraphs (1) through (8) in every subconlract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 264 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as may he directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
Contract Work Hours and Safety Standards Act (40 U1 S.C. 3741-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
rneehanlcs or laborers must include a provision for compliance with 40 U_S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (79 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for ail hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of ally violation of the clause
setforlh in paragraph (1) of this section the contractor and any subconlractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be cornputed with respect to
each individual laborer or mechanic. including watchmen and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such Individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpald wages and liquidated damages. The (write in the risme of the Federal
agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on
accountof work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to the Contract
Work Hours and Safety Standards Act, which Is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor far, unpaid wages
and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
EXHi5IT I - 4
9
E-XHIl31T i
FEDERAL. CONTRACT PROVISIONS AND ASSURANCE$
(4) Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the Clauses set forth in paragraphs (1) through (4) of this
section."
Administrative, Contractual, or Legal Remedies (over $150,040). Unless otherwise provided in this
contract, all claims, counter -claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, If the parties mutually agree, or in a Florida court of competent jurisdiction.
Clean Air Act and Federal Water Pallu#ion Control Act. (over $150,400) (1) The contractor agrees to
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicvbla standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Tact, as amended, 33 U.S.C.
1251 at seq_ (3) The contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification to the Federal E=mergency
Management Agency, and the appropriate Environmental protection Agency Regional Office. (4) The
contractor agrees to include these rectolrements in each subcontract exceeding $150.000 financed in whole
or in part with Federal assistance provided by FEMA.
Byrd Anti -Lobbying Amendment (31 U.S.C, § 1352 (as amended) (over $700,000): Contractors who
apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the
tier above that It will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant. or any other award covered by 31 U.S C. § 1352. Each tier shall also disclose
any lobbying with non -Federal funds that takes, place in connection with obtaining any Federal award, Such
disclosures are forwarded from tier to tier up to the recipient."
Skate Provisions
Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted
vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit
Fa bid on a contract to provide any goods or sgrviCeg to a public entity, may not submit a bid on n contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
Lobbying; No funds received pursuant to this Agreement may be expended for lobbying the Legislature.
the judicial branch or any state agency
Inspector General Cooperation., The Parties agree to comply with Section 20.055(5), Florida Statutes,
for the inspector general to have access to any records, data and other information deemed necessary to
carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section
20.056(5), Florida Statutes,
Record Retention � The contractor shall maintain and retain sufficient records demonstrating its
compliance with the terms of the Agreement for a period of at least Five (5) years after final payment is
made and shall allow the County, FOEM, or its designee's access to such records upon request.
EXHIBIT I - 5
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Acknowledgement of `terms, Conditions, and Grant Clauses
Certification
If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract
must be available to the Department for review and approval. The vendor agrees to include in the
subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
On behalf of my firm, I acknowledge, the grant requirement$ identified in this document.
Vendor/Contractor Name
Date s 1� 3 11 V,
Authorized Signature
EXHIBIT I - 6
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or VOILintarily excluded from participation in this transaction by any Federal department
or agency.
(?) Where the Sul) -recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CON -TRACTOR
x'11 �_
By.
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Name and Title
t I�hvti • A i i`t
Street Address
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city, statb. zip
DUNS Number
Date
Sub -Recipient Name: Collier County Board of County C,OMmissiOners
DEM Contract Number' Z0001
FEMA Project Number: 4337DRFLP00000O1
EXHIBIT I - 7
F -X- CiIT I
Fl IDE RAE. CONTRACT PROVISIONS AND AS 3URANCC-S
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
$tatuswlll he verified. Unvr 63VII statuses hill require tha PRIME to edber prc+vd8 a tensed statement at provide source documentsfon that vimIte3 a
status.
A, PRIME VENOOR/CCJNTRACTOR INFORMATION
PRIME IJANtE PRMIF Ft.lp 1UFAF,ER COI'lT'JzAeT DOtt,;.R AMOU14T
(rkz I-, t /0.a 000 - C6
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15 THLS SU&Mlf.tON A RVASIONI Y Jr I! YES, REVI51011 FJUf Wil
5, IF PRINCE HAS WKONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINOMT'Y, WONIEWOWNEO, SMALL
BUSINESS CONCERN.OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT. SECTION
PBE h'IiY16E SUBCONTRACTOR ORS UFFUER YYPt OF %YORK OR ETHrmrTY COVE I SU5f5LIYPLIER PERCENT OF C014TRACI
VETERAN NAME SPECIALTY Ilea Wow) DOLLAR AMOUNt DOLLARS
TOTALS
C. SECTION TO BE COMPLETED BY PRIME VENOOR/CONTRACTOR
NAME OFSUDMITTER [,:.TE ITLTLEOFSUUMMHR
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EKTAIL ADDRESS Or PRIME I5U5NirrFrERj ]'] gTELIPlHOjIJE N/UMISIR FAx NUMBER
41.E C
FTOTE: This informnian is asad to track and r+port anticipated DBE of ImE participation in federallyfund&d tont'acU. The antir-pated D6F or
#Aft arllpual is v04intary and will pot h6rome part 4t the [Mtraetual terms. This tarm must be submisted at time Of response to a
solicitation d and when aivarded a County conitact, the prints IYili be asked to updrta SAe infbmiatioo far the grant tonrpiiante WOe$,
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
{'D bo submitted with each bid or offer exceeding 100,000
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will he paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency. a Member of Congrass, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Fed®ral grant, the making of any Federal Ilan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
2: If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
of attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connect'Eon with this Federal contract, ,grant, loan, or
cooperative agreernent, the undersigned shall complete and submit Standard f=orm- LLL, "Disclosure Form to
Report Lol)bying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1996) Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
'The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosufe, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et
seq., apply to this certification and disclosure, if any.
Contractor (Firm Name)
QJ-A"l
Signature of Co rector's Authorized Official
Name and Title of Contractor's Authorized Official
Date
EXHIBIT I • 9
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