Agenda 07/10/2018 Item #16G207/10/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 18-7332, Marco Island and Everglades Airport
Hangar Repairs, to Alen Construction Group, Inc., for $541,296 and to authorize the Chairman to
Execute the contract, and authorize the necessary budget amendments (Project No. 50154).
OBJECTIVE: To repair hangars at Marco Island and Everglades Airport that were damaged during
Hurricane Irma to their pre-storm condition.
CONSIDERATIONS: Several hangar buildings at Marco Island (MKY) and Evergl ades (X01) Airports
were damaged during Hurricane Irma on September 10, 2017. The hangars at Marco sustained mostly
cosmetic exterior damage that has not precluded continued occupancy of the facilities. The hangar
damage at Everglades has rendered the facility uninhabitable due to approximately six feet of storm surge,
which has negatively impacted airport revenue generation. With the assistance of Atkins North America,
a damage assessment was completed of all impacted facilities and repair specifications subsequently
drafted.
On May 16, 2018, the Procurement Services Division released notices of Invitation to Bid (ITB) No. 18 -
7332 to 16,962 contractors for the repair of the affected hangar facilities at Marco and Everglades. The
bid documents have been solicited with full FEMA grant provisions in coordination with the Grants
Compliance Office. One hundred eight (108) bid packages were downloaded, and the County received
one (1) bid by June 14, 2018. The Bid Tabulation and Notice of Recommended Award are attached for
further review and summarized below:
Contractor Amount
Alen Construction Group,
Inc.
$541,296
The lowest, qualified bid is approximately 28% higher than the $422,465 comparable opinion of probable
cost prepared by Atkins North America. Regardless, Atkins determined that due to market conditions
resulting from Hurricane Irma, Alen Construction Group, Inc.’s bid is fair and reasonable. Staff
recommends the award to Alen Construction Group, Inc., in the amount of $541,296 as the lowest,
responsible and responsive bidder. The bid analysis and Atkin’s June 19, 2018 correspondence
recommending award to Alen Construction Group are included as attachments to this item.
FISCAL IMPACT: Total cost of the project is $563,756. Repair cost are $541,296 and CEI cost are
$22,460. Funds are expected to be recovered through insurance and/or FEMA proceeds. A budget
amendment is necessary in the amount of $563,756 to recognize expected FEMA/insurance revenue and
to appropriate funding for the repairs within the Airport Authority Capital Fund (496) Hurricane Irma
Project No. 50154.
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: To award ITB No. 18-7332 for Marco Island and Everglades Airport Hangar
Repairs to Alen Construction Group, Inc., authorize the Chairman to execute the attached contract, and
authorize the necessary budget amendments.
Prepared by: Justin Lobb, Airports Manager, Airport Authority
16.G.2
Packet Pg. 2491
07/10/2018
ATTACHMENT(S)
1. 18-7332 - Bid TabulationR1 (PDF)
2. 18-7332 - NORA - Executed (PDF)
3. [Linked} 18-7332 Alen Construction_Contract_VendSign (PDF)
4. 18-7332 - ELORA (PDF)
16.G.2
Packet Pg. 2492
07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.2
Doc ID: 5923
Item Summary: Recommendation to award Invitation to Bid No. 18-7332 Marco Island and
Everglades Airport Hangar Repairs to Alen Construction Group, Inc. for $541,296, and to authorize the
Chairman to Execute the contract, and authorize the necessary budget amendments (Project No. 50154).
Meeting Date: 07/10/2018
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
06/19/2018 3:36 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
06/19/2018 3:36 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 06/25/2018 3:05 PM
Capital Project Planning, Impact Fees, and Program Management Diane Lynch Additional Reviewer Skipped 06/25/2018 3:35 PM
Growth Management Department Gene Shue Additional Reviewer Completed 06/25/2018 3:52 PM
Airport Authority Justin Lobb Additional Reviewer Completed 06/25/2018 4:22 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/25/2018 4:35 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/26/2018 9:55 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/26/2018 9:56 AM
Procurement Services Swainson Hall Additional Reviewer Completed 06/27/2018 11:12 AM
Procurement Services Ted Coyman Additional Reviewer Completed 06/27/2018 5:13 PM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 06/27/2018 5:39 PM
Growth Management Department Diane Lynch Deputy Department Head Review Skipped 06/22/2018 3:36 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/28/2018 8:39 AM
Grants Edmond Kushi Level 2 Grants Review Completed 06/28/2018 10:38 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/01/2018 2:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2018 10:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2018 11:11 AM
16.G.2
Packet Pg. 2493
07/10/2018
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2018 12:06 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/29/2018 8:21 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2018 9:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.G.2
Packet Pg. 2494
Project No:18‐7332 STRATEGIST:Jim Flanagan No. of Notices: 16,962
Project Title:Marco Island and Everglades Airport Hangar Repairs PROJECT MANAGER:Justin Lobb No. of Downloads: 108
Bid DUE Date: 06/14/18 No. of Bids Rec'd: 1
BID TABULATION
BIDDER:Alen Construction Group, Inc ICE - Average of 3 proposals
BASE BID:
1. Marco Island Airport ‐ Hangar A
Miscellaneous Demolition $1,464 $0 $0 $130,000
A.1.a Remove/Replace Damaged Sliding Hangar Door Systems $113,418 $0 $0 w/above
A.1.b Remove/Replace Damaged Building Cladding Systems $94 $0 $0 w/above
A.1.c Remove/Replace Damaged Roofing System $1,687 $0 $0 w/above
A.1.d Remove/Replace Damaged Flashing Systems $1,406 $0 $0 w/above
A.1.e Remove/Replace All Exterior Lighting Fixtures $17,776 $0 $0 w/above
A.2.a Repair/Replace Damaged Demising Partition Systems ‐ Hangars A‐4, A‐6, A‐8 $33,790 $0 $0 w/above
SUBTOTAL ‐ MARCO ISLAND HANGAR A $169,635 $0 $0 $130,000
2.Marco Island Airport ‐ Hangar B
Miscellaneous Demolition $1,464 $0 $0 $130,000
B.1.a Repair/Reattach Hangar B‐6 Bi‐fold Hangar Door Systems $1,223 $0 $0 w/above
B.1.b Repair/Replace ALL Bi‐fold Hangar Door Systems Weather Stripping $13,366 $0 $0 w/above
B.1.c Repair/Replace Damaged Bi‐fold Hangar Door Locking Systems $6,458 $0 $0 w/above
B.1.d Remove/Replace Damaged Building Cladding Systems $2,314 $0 $0 w/above
B.1.e Repair Vertical Framing Member at Bi‐fold Opening B‐8 $3,763 $0 $0 w/above
B.1.f Replace Damaged Wall Louver Systems $1,189 $0 $0 w/above
B.1.g Repair/Replace Damaged Flashing Systems $1,517 $0 $0 w/above
B.1.h Remove/Replace All Exterior Lighting Fixtures $8,936 $0 $0 w/above
B.1.i Remove/Replace Damaged Roll‐up Door at B‐6 $9,590 $0 $0 w/above
B.2.a Repair/Replace Damaged Demising Partition Systems ‐ Hangars B‐5, B‐6, B‐8 $28,159 $0 $0 w/above
SUBTOTAL ‐ MARCO ISLAND HANGAR B $77,979 $0 $0 $130,000
3. Miscellaneous Metal Debris (Hangar A & B Debris)
C.a Miscellaneous Metal Debris Collection & Disposal $1,368 $0 $0 $10,535
SUBTOTAL ‐ HANGAR A & B Miscellaneous Metal Debris Removal $1,368 $0 $0 $10,535
4.Everglades Airport Hangar
Miscellaneous Demolition $18,898 $0 $0 $151,930
A.1.a Repair/Replace Damaged Components of ALL Bi‐fold Doors $77,721 $0 $0 w/above
A.1.b Remove/Replace Damaged Building Cladding Systems $38,677 $0 $0 w/above
A.1.c Remove/Replace ALL Damaged Roll‐up Door at B‐6 $12,109 $0 $0 w/above
A.2.a Repair/Replace Damaged Demising Partition Systems ‐ ALL Hangars & Storage Sp $104,846 $0 $0 w/above
A.2.b Electrical/Lighting and Bifold Door Motor Repairs $33,015 $0 $0 w/above
B Miscellaneous Metal Debris Collection & Disposal $1,368 $0 $0 w/above
C Exterior Cleaning ‐ 1.a through h $5,680 $0 $0 w/above
SUBTOTAL ‐ EVERGLADES AIRPORT HANGAR $292,314 $0 $0 $151,930
Total Lump Sum Bid ‐ Items 1 through 4 above $541,296 $0 $0 $422,465
Opened By: Jim Flanagan
Witnessed by: Barbara Lange
Completed Bid Schedule Y
Completed Bid Forms: (Solicitation pages 3-13) Y
Bid Response Form (Form 1)Y
Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)Y
Material Manufacturers (Form 3)Y
List of Major Subcontractors (Form 4)Y
Statement of Experience of Bidder (Form 5)Y
Trench Safety Act Acknowledgement (Form 6)Y
Bid Bond (Form 7)Y
Insurance and Bonding Requirements (Form 8)Y
Conflict of Interest Affidavit (Form 9)Y
Vendor Declaration Statement (Form 10)Y
Immigration Affidavit Certification (Form 11)Y
Vendor Substitute W-9 (Form 12)Y
Bidders Checklist (Form 13)Y
Grant Required Bid Forms Y
Acknowledgement of Terms, Conditions, and Grant Clauses Y
Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Y
Anticipated DBE, M/WBE or VETERAN Participation Statement Y
Lobbying Certification Y
Conflict of Interest Certification Y
Copies of required information attached Y
Company's E-Verify Profile Page or MOU Y
Copy of Active Registration with Current FL Divisions of Corporations Y
Copy of Active General Contractors License with Depart. of Business & Professional Regulation Y
Copy of Local Business Tax Receipt N/A
Acknowledgement - Receipt of Addendum Y
Addendum #1 Y
Strategist: Confirm validity w/FL Divisions of Corporations on-line Y
Strategist: Confirm validity of GC License w/DPBR on-line Y
Strategist: Confirm Insurance and Bonding Requirements Y
Strategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:Y
Contractor's Office Location:Soutwest Ranches, FL
County:Broward
BID SCHEDULE
16.G.2.a
Packet Pg. 2495 Attachment: 18-7332 - Bid TabulationR1 (5923 : Award of Hangar Repair Bid)
16.G.2.c
Packet Pg. 2496 Attachment: 18-7332 - NORA - Executed (5923 : Award of Hangar Repair Bid)
16.G.2.e
Packet Pg. 2497 Attachment: 18-7332 - ELORA (5923 : Award of Hangar Repair Bid)
16.G.2.e
Packet Pg. 2498 Attachment: 18-7332 - ELORA (5923 : Award of Hangar Repair Bid)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner')
hereby contracts with Alen Construction Group, Inc., ("Contractor") of 5501 SW 162n° Avenue,
Southwest Ranches, FL 33331, authorized to do business in the State of Florida, to perform all
work ('Work") in connection with Marco Island and Everglades Airport Hanger Repairs, Bid No.
16-7332 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins
North American, Inc., the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. ContractAmount.
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: Five Hundred Forty -One Thousand, Two Hundred and Ninety -Six Dollars and
OOH 00 (5541,296.00).
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,aov/c570/c570.html#certfied. Should the Contract Amount be less than
O1 U
C nsft icn Seances Agreement: Revise 022018
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated Damaaes.
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 ninety (90) calendar days from the Commencement Date (herein "Contract
Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the
date certified by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty
(30) calendar days after the date of Substantial Completion. Final Completion shall occur when
the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated
by the Owner as completed. As used herein and throughout the Contract Documents, the phrase
"Project Manager" refers to the Owner's duly authorized representative and shall mean the
Division Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantity. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand Ninety -Nine Dollars and 00/100 ($1,099.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner shall also
be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as
a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting d
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
0
2 U
Cons"dlon Sen ms Agreement: ReNs 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 calendardays orworking
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 underthis 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 parry 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 S. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation Bid #18-7332, Marco Island and Everglades Airport
Hangar Repairs.
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 B-1: Payment Bond Forms
Exhibit B-2: Performance Bond Forms
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Fops
c
3 ��
Construdion Semms Agreement: Revised 022018 ���
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Condifions® Applicable ❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation Bid #18-7332, Marco Island and Everglades Airport Hangar
Repairs. The complete contract documents, including Addendum with attachments, are available
on the County's on-line bidding system: hftos://www.bidsvnc.com/bidsvnc-cas/, which the parties
agree comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and available through the Countys on-line bidding system.
❑Exhibit J: Technical Specifications
❑Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Marco Island Executive Airport (MKY) Repairs to existing buildings, and
Everglades Airpark (X01) Repairs of Existing Hangars, as prepared by
Atkins North America
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:
Alen Construction Group, Inc.
5501 SW 162nd Avenue
Southwest Ranches, FL 33331
Telephone No.: (954) 252.1372
Attn.: Ruben Alen, President
ru benO,alenconstructiongrou n.com
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:
Justin E. Lobb, ACE, Airports Manager
Collier County Airport Authority
2005 Mainsail Drive
Naples, Florida 34114
Telephone: (239) 642-7878
Justin. LobbRcolliercountvfl.cov
4
Constmction Services Agreement Revised 022018 U
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Govemina Law.
The Agreement shall be interpreted under and its performance governed by the laws of the Stale
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Consteuctlon services Agreement: Revised 022018 � ��
Section % Channe 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'Yortius
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 Owners 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.
e j
Gonsimclion Services Agreement: ReNsetl 022018 (�� 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
A � c aS�sa
FIRST WITNESS
Rlte,ct &,AQFO
Print Name SECOND WITNESS
MF -121A �5-�YC,xY�
Print Name
Date:
ATTEST:
Crystal Kinzel, Interim Clerk of Courts
M
(SEAL)
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
Alen Construe 'b�roup, t
?Oben PW%- Prtstdedt D6I2-)J)e
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
ITE
Andy Solis Date
Chairman
7
Construction services Agreement: Revised 022018
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
8
Construction Services Agreement. ReNs¢tl 822018
Cater county Solidtellon 187332
. .IER000NttWELLNEESCFNTER
NEHOVAnONSTOBUIMINEB
NAPLO'.ELORIDA
prgMNo: 18.7332 AveylP)pIB
,M. Out, MvrwbknderM EVeglades Mrpore Nagar Repairs
BID SCHEDULE
BIDDER: Alen Construction Group, Inc.
BMEBID:
1. Mews la W d A4eport � Havgu A
Mkhllar—Demdltoo
$$11,.,46046 000
AIA Mmwe/RepYre DaN M.deg WnWDoae Tyuems
A.16nDad Buldp4synems
1'2��
A.Is Nm/wWro'd Ruhe' hart
$8.453.08
e
A.IdNemove/R.,ol—pamaFhshl,ll,axmyA.Le
0
Nemov</it,hre All FrlentllghtjFlvo
]999
AS.v Aeplr/AePle[e Wmeged OemlSkg PeeH11on 5yAemz prs A-a.b6.AB
Nen
33
33 T9000
SUBTOTAL-MARCOISLANOMANGARA
2Mawnlsbnd Airport 11a1a18
Mlswlleneoue Bemdidon
$1,484.00
a, RMairgeorta.NsnpIB, B1 -01d Nary horsy ffeme
0.1h Replr/Rephre AW BI -fold Hanpr Door Spkon Weather Stripping
1'2��
01.,RepU/Rephm Damagd BI rdd Nanpr Door IotWa, Splema
$8.453.08
B.Id Remove/Rephw Bamagol BWIdbB daddia, Syeteres
$231400
B.I.e RepbV&Mal Fr in Membttal BihMOpen,MB�.
$3.183 B0
8.11 Replxe Ds,nvpd ..It louver 5pleme{,]
gp0
B.l, Replr/Mplaa Dual FlazMng$,I.
$ .5
B.Lh RemveMephm All Merles Ll-up0
$6.836.00
ratB
B.1.1 0.<move/Aeplen pvmaged Ml4up OoonIB 659bu
UU
82a ReplgRrylare pawgM DemYBq Artllm Syahnu HanpwBS.66.BB
3.Mlseellanaous Menl Debl (HanprAABDM1 )
v Mxrelbmaua Menmmrmfgnmdw Apxpuvl $1.368.0
SBBTOTAL HANGAR A A R MluelYneaus Mela I pebtli Remasal
4.Erorylad6t Airport Maogar
MlaWlaonus DemollNan
$ 18.898.00
Al,a Reptlr/R,lare Damaged CompmemsofA11 eHold DomzS]T]21.0
Alb Remove/Rephre DamagM RulMing<kddlog5pew
$ 3�8 6]] 0�
At, Remove/Reph¢ALLDamaged ROWup Dooral"
$12,10,00
AL ftepir/Rep4reDmaged Demi ingpaNtim Syfkms-ALLHangars OAmage Sp
S1
A3.6 Elttbleal/Lyhdngand Dilold DourMmw Pepalw
533.015.
B MlaWhneoua Manl Debris COIIwMni DYgeJ
$1.368 W
CEnntor Cleaning Lathr,lah
IDtal Lump S m Bid J4ms l zbmugb a above 1511296,00 1 10TALBID
BIp SCIIEDUI f.
5/152018 6:10 AM
p. 97
EXHIBIT A-1: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
Constmdion Services Agreement: ReNsed 022018
Collier County eollc talion 18-1332
FORM 1 -BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Marco Island and Everglades Airport Hangar Repairs
BID NO. 18-7332
Full Name of Bidder Alan Construction Group, Inc
Main Business Address 5501 SW 162nd Avenue, Southwest Ranches, FL 33331
Place of Business 5501 SW 162nd Avenue, Southwest Ranches FL 33331
Telephone No. 954.252-1372 Fax No. N/A
State Convector's License # CGC 1520506
State of Florida Certificate of Authority Document Number P12000004012
Federal Tax Identification Number 80-0775262
DUNS # 07-844-1260 CCR# Cage Code 6QJD6
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work, the proposed forth of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work and famish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
Inc Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required ofthe Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
staff.
51152018 8:40 AM
in 74
Name
Collier County SUIIGIalion 18-7332
FORM 2 -CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Marco Island and Everglades Airport Hangar Repairs
Rid No. I8-7332
Personnel Carew
Josh Casillas ) Construction Superintendent
Alicia Simoss > Project Manager
5115120188.40 AM a 75
Caller County Solicitation 18-7332
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 Bid
specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State ofF7orida as long as the price, fitness and quality are equal. Exceptions(wben
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Biddershall fumishthe manufacturer named in the specification. Acceptance ofthis form doesnot constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company: Alen RQtLVh0nGmup.l _
Signature: t Date: G/Llle
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
Please insert additional pages as necessary.
Company;
Date
5/1512018 8:00 AM P.
Collin County Sondtsaan 18-7333
FORM 4- LIST OF MAJORSUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subconamotors for the major categories listed
herein we "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner my direct the Successful
Bidder to remove/replace my Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Much additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements ofthe Contract Documents, the Successful Bidder sball 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 shove.
Company: Alen tri lion Grout Ir
Signature. Dnte /2 /B
5/1512018 8:40 AM p.77
Major Category of Work
Subcontractor and Address
I.
Structure) Repairs
WA
2.
Metal Panel Work
WA
3.
Drywall & Carpentry
WA
4.
Specalty SpecialtyDoors
N/A
S.
Mixrepairs;
N/A
6.
Identify other subcontractors
that represent more than 10%
of price or that affect the
crifical path of the schedule
WA
Company: Alen tri lion Grout Ir
Signature. Dnte /2 /B
5/1512018 8:40 AM p.77
Caller County
Sotiolta0on 18-7332
FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below whet 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
w sequined under the tenets of the Agreement.
Praiect and Location Reference (include phone M or email address)
.� PuMa Gmda Allow -T-Hangar Door Replacement - Phan I Ron RMenour
28000 Atipwt Road, Pune Gonda, FL 33882 neenour®Rypld.00m
2. Edmonds Hangar Door Replacement
302 Citation PoBa, Naples, FL 39104
3 Naples A pset- Hangar Door Replacement - Phase 11
180 Aviation DmR, Nota, Naples, FL 34104
4 Napes MuNdpaMmon- Himpr Door Replacement
100 Aviation On- Nota, Naples, FL 34104
DemolOen and RelevelM of Unit S 12 9
5. Florida CIH Stale Farness Mail
300 N Kmme Avenue, Fenda City, FL 33034
Aimesiun Rehabilitation at West Campus Chahar School
6.
10100 PFes Boulevam, Pembroke Rees, FL 333M
Louts Edmonds
easequality®gmail.com
Kerry Keith
kkelh®Bynspes.cum
kkadhoaynaples.com
Paul Cardwell
Paul.caNwall®freshlromfonda.cam
Steven Buckets
sbucklaMappinea.00m
Company: AleWaqWctl.n GrouyX
Signature: t Date: %s Z r}"j
WIM018 8:40 AM
P. 78
coniefcounty
FORM 6 -TRENCH SAFETY ACT
SoYalaSan 1&7332
Bidder acknowledges that included in the various items ofthe bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Coal
Measure Measure uamit Cost
(Description) (LF,SY)
t . Slope LF 0 $ 5.00 $ 5.00
2.
3.
4.
5.
TOTAL $ 0
Failure to complete the above may result in the Bid being declared non-responsive.
Company: At a stru ion Group, In
09
Signature: Date:6117-113
5115QO18 840 AM P. 79
cellist County gcatenation 1&1332
FORM7-BIDBOND
KNOW ALL MEN BY THESE PRESENTS, that we Alen Construction Group, Inc. (herein
after called the Principal) and FCCI Insurance Camoanv . (herein called the Sunny). a corporation
chartered and existing under the laws ofthe State of Florida with its principal offices in the city of SMSota
and authorized to do business in the State of Florida are held and firmly bound unto the
oilier County Boetd ofCgmty Commissioners (hereinafter called the Owner), in the full and just sum of
Five Percent Of Amount Bid good and lawful money of the United States
of America, to be paid upon demand of the Owner, to which payment well and holy to be made, the Principal and the Surety bind
themselves, their bents, 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 famish, install, and fully complete the Week on the Project known as Bid No. 18-7332 Marco Island and
Everglades Airport Hangar Repaint.
NOW, THEREFORE, ifthe Owner shall accept the Bid ofthe PRINCIPAL and the PRINCIPAL dull enter into the required Agreement
with the Owner and within ten days after the date ofa written Notice of Award in accordance with the terms of such Bid, and give such
bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with
good and sufficient wary for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies
famished in the prosecution then:afor, in the event ofthe failure oftbe PRINCIPAL to enter into such Agreement or to give such bond
in bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of
S noted above as liquidated damages, and not ss a penalty, as provided in the Bidding Documents, then this obligation
shall be Will and void, otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Study have caused these presents to be duly signed and sealed this 14th day of
June 2018
BY
Counters
Appoint(
Principal
(Seal)
Surety
(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 deliverthe Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property ofthe Owner in the event the Agreement, Insurance Certificates and
Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional
expense to the Owner, it being mcognized that, since time is ofthe essence, Owner will suffer financial loss Hthe Successful Bidder
fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In
the event ofsuch failure, the total amount of Owncr's damages, will be di friculq ifnot impossible, to definitely asarctain and quantity.
It is hereby agreed that it is appropriate and fav that Owner receive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site
within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in
writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Ninety (90) consecutive calendar days, computed by excluding the
commencement date and including the last day ofsuch period, and to be fully completed to the point of final acceptance by the Owner
within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
SI15rze18 8:68 AM
Be
P.
Collier County Solimalbn 18-7332
Respectfully Submitted:
StineFtp p
Countyt, of a w-�� ✓
being rim 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 behalfofsuch Bidder and
that this deponent is authorized to make them.
also deposes and says that it has examined and carefully prepared its
Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in demil before
submitting this Bid; that the statements contained herein are true and correct.
(a) Commotion
The Bidder is a corporation organized and existing under the laws of the State of Florida which operates order the legal
name of Alen Construction Group. Inc. . and the full names of its officers; are as follows:
President Ruben Alen
Treasurer
Manage
The is authorized to sign wnstruction bids and contracts for the company by action of its
Board of Directors taken , a certified copy ofwhich is hereto attached (strike out this lastsentenee
if not applicable).
(b) Co -Partnership
The Bidder is a co-parteaship consisting of individual partners whose full names are as follows:
The co -partnership does business under the legal name of:
(c) tndiAdgel
The Bidder is an individwl whose full name is and if operating under a bade name, said
trade name is
Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page.
DATED
Witness
14/r� Conrf- 61--
Lega
BY:
Name of Bidder
Signature
G/O , � Title
STATE OF
COUNTY OF o Nc" 'M
The fgegoing in�r��t was acknowledged before me this K of20 18 by
Kohtn •+`e e1 as ��4r e(an"f of !f'L!'t errui.ucivn �n+i. a
corporation, on behalf of the corporation. He/she is perms ak] knnoo g to me or has produced
Z iden�tificat�um coddid (did not) take an oath.
My Commission Expires: Z
( igna of Ngtary)
NAME: k +✓
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of FL
#.. Katia Beltran't Commission A FF952928
Expires: January 21, 2020
.?a Bonded thru Aaron Noety,
5/1580108:10 AM p. 01 ��'�
10-00059575
�1
FCC r GROUnvct
INS P
Most than apolicy. Apromise.
GENERAL POWER OF ATTORNEY
Know all men by these presents That the FCCI Insurance Company, a Corporation organized and existing under
the laws of the State of Florida (the 'Corporation') does make, constitute and appoint.
Roy V Fabry, Michael A Bonet
Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and
as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed
under this authority shall exceed the sum of (not to exceed $7,500,000): $7,500,000 00
This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That
resolution also authorized any further action by the officers of the Company necessary to effect such transaction -
The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile
signatures or facsimile seal shall be binding upon the Corporation when so affixed and In the future with regard to any
bond, undertaking or contract of surety to which it is attached
In witness whereof, the FCCI Insurance Company has caused these preseno to be signed by its duly authorized
officers and its corporate Seal to be hereunto affixed, this 22m day of Se tember 2011
Attest
Gmg� bmyy n, President ' ` Thom Koval Esq EVP, Chi Officer,
FCC[ nsura ce Company SB�AI" Go ant Affairs and Corporate Secretary
FCCI Insurance Company
State of Florida
County of Sarasota
Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the
foregoing document for the purposes expressed therein
ea
My commission expires. 9252020•
�`�rbea~�ays�oesao Notary Public
State of Florida
County of Sarasota
Before me this day personally appeared Thomas A Koval, Esq., who is personally known to me and who
executed the foregoing document for the purposes expressed therein. /J
My commission expires 9/252020 �i e"°`"..+�`i.:mmm
�'�rper�Msasmv Notary Public
CERTIFICATE
I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, 00 HFPEBY CERTIFY that the
foregoing Power of Attorney remains in full force and has not been revoked, and furthermore flat the February 24, 2011
Resolution of the Board of Directors, referenced in said Power of Attorney, is ggvy in force. _
Dated thus l Jir day
Gov n hent Affairs antl Corporate S2bretary
roIM�TiE Nn4C, r,R
:,u.oGa,c 4w,ias airtxin ssawtry ranrograyn, Ave AxFAmae¢IKdlannme�u mnrmrme uare�nan ant r„rrc+enMM!+O a, ns+dei �'"M.... a'b� �� I
Collier County SWIdteNon 15-7332
FORM 8 - INSURANCE AND BONDING REQUIREMENTS
The Vendor shall as its own expense, carry, and maintain insuance coverage from responsible companies duly authorized to do
business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property
insurance upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,
Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except
such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation f-om the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier
County", or, the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as
an additional insured as to the operations of Vendor under this solicitation and shal I contain a severability of interests provisions.
The Certificate Holder shall be named as Coater 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) fomes and endorsements ortheir equivalents. If Vendor has any self-insured raenfiom ordedudiblm
under any oflhe below listed minimum required coverage, Vendor must identify on the Certificate oflesuri nce the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverages] shall be maintained without interruption from the date of commencement of the Work until the date of completion and
acceptance of the scope of work by the County ores specified in this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or
non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify, the County, in alike manner, within
twenty-four (24) hours after receipt,ofany notices of expimtion, cancellation, non -renewal or mmerlal change in covemge or limits
received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event ofa reduction in the aggregate limit ofany policy to be provided by Vendor hereunder, Vander shall immediately take steps to
have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance covers is,) required heron, the County may terminate the Agreement or
at its sole discretion shall be authorized to purchase such covemge(§) and charge the Vendor for such covemge@) purchased. H
Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset thew costs
from any amount due Vendor under this Agreement or any other agreement between the Courcy and Vendor. The County shall be
under no obligation to purchase such insurance, nor shall it be responsible for the coverageM purchased or the insurance company
or companies used. The decision of the County to purchase such insurance coverer is) shall in no way be construed to be a waiver
of any ofits rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior m the completion ofthe scope of work, the Vendor shall
famish to the County renewal or replacement Cestificil of Insurance not laterthan ten (10) calendar days after the expiration date
on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
5/191201 a 9:40 AM p.82ZnPo
5115¢0189:40AM 0.83 C7y
Collier Courtly So0dta0on 18-7332
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
I. ® Worker's Compensation
Statutory Limits of Florida Statute, Chapter 440 and all Federal Government Stationary
Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the
State of Florida is required. Entities that are formed as Sole Proprietorships shall not be
required to provide a pmofofexemption. An application for exemption can be obtained
online at biros://aoos.Odfs.com/bocexcnm
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 arrant ISO
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and
form
Property Damage Liability. This shall include Premises and Operations Independent
Contractors; Produces and Completed Operations and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the ConnactorNendor/Consultant shall
defend, indemnify and hold harmless Collier County, its office, and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable amomeys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the ConuactorNendor/Consultant or anyone employed or utilized by the
ConuactorNendor/Consultant in the performance ofthis Agreement.
5. ® Automobile Liability
$ I,000,000_Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Mred;
Automobile Included
6. ® Other insurance as noted:
❑Watercraft $ Per Occurrence
❑ United States Longshoreman's and Ilarborwerkers 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,
S Per Occurrence
® Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence ifapplicable to the completion ofthe Services under this Agreement.
S Per Occurrence
E] Pollution $ Par 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 S Per Occurrence
❑ Valuable Papers Insurance S Per Occurrence
❑Cyber Liability S Per Occurrence
❑ Technology Enron & Omissions S Per Occurrence
5115¢0189:40AM 0.83 C7y
Coder County Sdictlatlan 1&]332
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 coat proposal. All checks shell be made payable to the Collier County
Board ofCounty, 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 5200,000, bonds shall be submitted with the executed contract by
Bonds Proposers receiving award, and written for 100%ofthe Contract award amount, the cora home
by the Proposer receiving an award. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general
policy holders rating and Class V or higher rating as to financial size category and the amount
required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most
current Best Key Rating Guide, published by A.M. Bat Company, Inc. of 75 Fulton Street,
New York, New York 10038.
9. ® Contractor 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 111 011111" 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 Projem description, or most read: For any and all work performed on behalf
of Collier County.
12. ® Thirty (30) Days Cancellation Notice required.
5/9/18 -cc
Contractor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence ofinsumbility may be required within five (5)
days of the award of this solicitation.
NameofFirm Alen Co diop Group, Inc. Date
Contractor Signature
rte•
Prim Name Ruben Alen
insurance Agency Risk Strategies Company
Agent Name Michael Bonet Telephone Number 306.461-8217
vtanote 8:40 M
v. 84 �
Cdaer Coualy Solicitation 18-73M
061tl#Y!A SM'I.Si �GW CIBII
:yngnwyv.,µ P:Su`
FORM 9-CONF ICr OF IN mzs'r AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, 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 threecategories below:
Biased ground rules — The firm has not set Ne "ground rules" for affiliated past or current Collim County project identified
above (e.g., writing a procurement'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 information — 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 cannot or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must 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), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the bear of[hcirknowledge
and belief, all relevant facts 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: Alen Construction 5jM,Inc.
Signature and Date:
Print Name: Ruben Alen
Tide of Signatory:
rn,
5/15/2018 SAD AM
p 8 �j
center County Solicitation 18-7332
RICwOWfL,y
.mimmas-t+n Fataxs DepmMva
FORM 10- VEN W R DECt-ARATION STATEMENT
BOARD OF COUNTY COMMISSIC
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 fraud.
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 performance 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 ofthis awarded contract
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1411 day of �il.1g , 20)Rin the County of
B rodArd . in the State of 'Hl dp
Firms Legal Name: Alen Construction Group, Inc.
Address: 5501 SW 162nd Avenue
City, State, Zip Code
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
'CCR # or CAGE Code
-Only ifGrant Funded
Southwest Ranches, FL 33331
P12000004012
80-0775262
60JD6
Telephone: 954-252-1372
Signature by: Ruben Alen
(Typed and written)
Title: President
Katia Beltran
_ Comm'ssion i FF952928
Expires: January 21, 2020
' a „ Bonded thm Aaron Notary
5/15I2018840AM P 8 ���
511VM188:0 AM p.8] 4,,`1
Collier County Solicitation 18-7332
Additional Contact Information
Send payments to:
N/A
(required if different from
Company time used as payee
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required ifdifferent from
above)
Contact name:
NIA
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for this
Katie Beltran
Solicitation:
Email:
katia@alenconstructionaroup.com
Phone:
954-252.1372
511VM188:0 AM p.8] 4,,`1
Collier Count' Solicmaaon 18-7332
Co IfY C.()NNLy
PumrSC',,:-.c Servos occarmKn.
FORM 11 -IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed, notarized by an authorized principal oftbe firm and submitted with formal solicitation
submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence oflheirenrollencriat
the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the property completed E -Verify
Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failurem include
this Affidavit 't d Acomnable evidencef lismot to the Ill -Varity deem th V ml I a Ron.
remonsive-
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act ("INN).
Collier County may consider the employment by any Vendor ofunauthorized aliens a violation of Section 274A (e) ofthe 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 contend by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendmenl(s)) Rod agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to
provide proofofenrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time ofsu emission of the Vendor's proposal.
Company Name Alen Construction Group, Inc.
Print Name Rubenpl
Signature
Stateof Florida
Countyof Brossard
Tide President
Date
The signee of these Affidavit guarantees, as evidenced by the mom affidavit required herein, the truth and accuracy ofthis
affidavit to Interrogatories hereinafter made.
Commission No.: rPIQ 28
�y4!?yA%/B,-Beltran
Comm'IssionFF952928
"y, ......'; Expires: January 21, 2020
a „ - Bonded thru Aaron Notary
5/1SW8 8:ao AM P. as �-
caber, county Wicitauan 1&7332
rr urrxry
FORM 12 - VENWR SUBSTITUTE W-9
Request for Taxpayer Identification Number and Certification
In accordame, with the Imemal 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 in reporting purposes). Florida Statute 119.071(5) requires that the county
randfy you in writing of the reason for collecting this information, which will be used for an 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)
(as shown on income rax return)
Business Name (jdifjercntjrom taxpayer name)
Address 5501 SW 182nd Avenue City Southwest Ranches
State Florida
Telephone 954-252-1372 Email ruben@aleneonstructicngroup.eom
Order Information (Must be filled out) Remit / Payment Information (Must be filled out)
Address 5501 SW 162nd Avenue
Address 5501 SW 162nd Avenue
Southwest Southwest
City Ranches State Florida Zip 33331 City Ranches State Florida 2ip 33331
Email ruben@alenoonstmetiongroup.com Email rubs niQalenconstructiongroup.com
Company Status (check only one)
Individual / Sole Proprietor
_Corporation Partnership
_Tax Exempt (Federal msmnmtax-exemp( entity
limited LiabOity Company
under Internal Revenue ServiceguidelincsIRC
Enter the tax classification
501 (c) 3)
(D --Disregarded Emily, C = Corporation, P=Portnarahip)
3. Taxpayer Identification Number(for rax repodingpurposmonfy)
4. Sign and Date For • ertification:
Underoenalties o(a iu /urriPo that the m4all stilt shown ontha f nn is eorrset to an, knawledoe.
Signature
DrtG/ri//s
Tide
President
I Ple osNumber
1 954252-1372
511 512018 8 40 AMP. se
Caller County Soffeballon 18-7332
FORM 13 - BIDDERS CHECKLIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any deli very information required is included.
7. The following on-line standard documents have been reviewed in Bidsyne:
a. Construction bid instructions form
b. Construction services agreement
c. Purchaseordertermsandconditions
8. All of the following bid forms have been completed and signed:
a. Bid Form (Form 1) h. Insurance and Bonding Requirements (Form 8)
It. Contractors Key Personnel (Form 2) i. Conflict of Interest Affidavit (Form 9)
c. Material Manufacturers (Form 3) j. Vendor Declamtion Statement (Form 10)
d. List of Major Subcontractors (Form 4) k. Immigration Law Affidavit Certification
e. Statement of Experience (Form 5) (Form 11)
L Trench Safety Am (Form 6) I. Vendor Substitute W-9 (Form 12)
g. Bid Bond Form (Form 7) in. Bidders Checklist (Form 13 —this forth)
9. AI I of the Grant -required forms have been completed and signed, and attached
a Acknowledgement of Grant Terms and Conditions
b. Certification Regarding Debarment, Suspension, and Ineligibility and Voluntary Exclusion
c. Anticipated DBA, M/WBE or VETERAN Participation Statement
d. Lobbying Certification
e. Conflict of Interest
10. Copies of required information have been attached
a. Company's E -Verify profile page or memorandum of understanding
b. Certificate of Authority to Conduct Business in State of Florida
c. Any required professional licenses— valid and current
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, me., as applicable, requested and/or required.)
11. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been
submitted.
12. Any addenda have been signed and acknowledgement form attached and included.
13. The Bid will be uploaded in time to be received no later than the specified opening date d tim otherwise
the Bid cannot be considered.
Alen Construction Group, Inc.
Biidddoo Naame
Signature & Title Date
511WO188:40 AM
P.
O
Colso r County solicitation 1&]332
COLLIERCOUM WguxE¢CEXrgR
RENOVATIONS TO BUILDINGG
NAVIPg,FlDRIDA
Prop Xo: 10-3331 psug.ap.YNg
pry. nada: Mom MAW And EwgWda AIryprt Wryer RepMn
BID SCHEDULE
BIDDER: Alen Construction Group, Inc.
BASE 011):
1. Marea lsl®EA4port HaMarA
MI¢nILM". orrAIRMA
S 1,461,0
A.1] Remove/Replau Damaged Sliding Hangar Door Syuems
]21,
A.lb Remove/Repbu Damaged BulldingdaddhoSyxems
91.
AL¢ Remove/PepNn Damned Roon'Spttm
a 1L. 109.00
A].d Remove/Aeplse Hammad NshmgSyurae
lon60
AleRemove/Repl¢e All Ra rS,I,o1d1yFApo.
1]
A]aRepan/Mulaot namaged Dull al. Artldo, n 1ymAr-.w,rrAA.16,.AB
533.] 000
3URTOTAL-MARCO ISLAND HANWRA
60—
1Mn'minandghl HanearB
M S.Ri neoua Drmdltno
S 1,484.00
11.1a ..,dr/Rai HanprB 6 01 Aid Hangar Oam Spleme
LLb Repir/Replara ALL B4(old Hanpr Door Systems W.M1er Svlpplag
3311 �d 3JtWW WW
H1a Replr/Replan Damaged ED Run Hangar Door Ltid, State=
51345900
B.IA Wllnn/AepNee Damapd BulldingCMddIMSYmms
52.314.00
B.Le Repair VeNeal Fri Membra at Biiald D'ono, DA
53.]63.00
81.1 RMI Don,V4 Wall Loan SturmS
1,i.
8.1t,Repair/Replare Damagetl FlssMng Stuart
"5
sig wmaaeni All U.rI Bbang nares
58.938.00
Ot.l Remove/Repla¢e Damaged RollupDooral B 6
112. Reµlr/RepL[e DemngeJ DemYing peMOuo Tyslems-Mr,orsn"B-RBB
to Mond A. (Hangar A e B Oabrg(
Cl Mlsalbneous MCRl Oebnifolltttlw &Olsposal 31,388.00
a£vBaSlad¢s Alryort Nangaa
MIaalMnmm Bannon.
$ 10.890.00
Ata Reply/Rep. RamapA Compon. a(A.I.Id Uaoa
]21,
AA b RemaveAtuate Dam W Building CWdd n, Syaer
11
3
A.I.e Remove/RepYa ALL Damned Roll -up Mor at ad
a 1L. 109.00
ASa Replr/Replave Damaged 0era11g pu11Jm Syaur Alliaryanlloor Sp
1 846.
A In eJeeMemnlogingand Dihw Dant Motor Britain
533. 15.
B MMalMnwua Man l Oebrla WllMnunA DlWonl
$1.388.00
C Ltarot,dai nlnp L IDrnugA D
60—
SUBTOTAL EVERGLADES AIM'ORT HANGAR
TOnitum sum eld-Iremal0rouvo ¢anweIl 50,296.00 1 TOTAL BID
UID SCIIfDUI.E
53152018 8:10 AM D. 97
Colter County Solidtetlon 189332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Acknowledgement of Tenns, Conditions and Grant Clauses
2. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
3. Anticipated DBE, MANGE or VETERAN Participation Statement
4. Lobbying Certification
5. Conflict of Interest Certification
EXHIBIT I-02-1
WIM0188:40 AM
D
p. 109 0
Collar C000y aolirLeGon 18-7W2
EXHIBIT 1-02
FEDERAL CERTIFICATIONS 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 behaff of my firth, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name Alen Construction Group, Inc.
Data
Authorized Signature
EXHIBIT I-02-2
W15=18 8,40 AM
Collier Courcy SolidlaWn 184332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT, 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 voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Alen Construction Coup, Inc
By: lti✓"� ���—.
Sign ure
Ruben Alen -President
Name and Title
5501 SW 162nd Avenue
Street Address
Southwest Ranches, FL 33331
City, State, Zip
07-8441260
DUNS Number
6112/3
Date
Sub -Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z0001
FEMA Project Number: 4337DRFLPOOOD00I
EXHIBIT 602 - 3
511 W0108.40 AM p,t R��
Collier Cowy 808tita8on 18.7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
COWER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
MYE VN EE "ErifW. Weenllbl ADntl MII ttQJiIETE MM[bwl6R paMEErEwEM 6a[ITMtNpo,MEfde[p UppMIEIIptiMNa[NINrtYa
A. PRIME VENDOR/CONTRACTOR INFORMATION
MIME NYRE IRRIM[rpO NVMDCR COXiRpCrMWRaMDUNr
Alen Construction Group, Inc. 80-0775262
Dra Me¢Men�vaaxmNmwsmrRxrmEo. r�C N NDxeernvmor TMsttxra[aDr_
MwORmMwoMw MA9ne5f exiCEMUL! Dee? 1e1 x COx51RVC[Cx? ❑Y x
IDWMeeM'egMM12a AYLL WbovlMlofO E.PI
LNESSL(IPTi1ARP FMWVOV VSM(E MDE? N Cdl%LLT w.? Y N
oWH151R\TW.i aRENE[MSdel[DVfifP4Ns Wef? N on1[R? Y H
sve m1 v x
6Ttl[SVDM651p1e R(VIspN. Y I[Y[S. RCVSpN NVMCfA
B. IF PRIME NAS SUSCONULACTOR OR SUPPLIER MID IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMAI.
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
pp[ M/WL[ SVKOXTNRW WS[WIIfN nCEOF WOREOR [MNKm CODf SVB/AIVRIER PFR(fM Df COHMR
Vfl[MN XGME EifLMLIY Xl etlOWl oCUGR GMOIMr DOWW
DBE 1AI,nronstructionGramolnel rGepe^2l ^^ HA I 5 508.281.00 1 93.9
ToTMIs:1 $ 508,281.00 1 93.9% 1
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
xYAf asuwmFR oen T OfsueMnaae
Ruben Alen 06!14/2018 President
CMR .mmmRRM YDj 1[ I[RMOx[MIMaV, I FMNVMFUt
ruben@elenconstructiongroup.com 954-252-1372 N/A
rwrz: mkinlxmaDpnk Iwaroo-alf xarepprt MmIVW Dee v Mee IMnKPaxsn kleeenlry+uweoanvay. m anrlupnee Dee n
Me[amGlMkuWwONaM N5111p[M(q^a pan M[M[Tb%[W tMlr. iM1Nrpm mNl bENbnivaE xAlle MlepfnrENa
se'kiv[bn. rtard wMnawaNeEafounry [anbav, tM1e pn^v will p[R4 erouppnEmeinMmaSa, 1plMpaM [mpfanvfJtl.
Mmx<m
cone
61%k1M([i^
p]
wpanif dTNKa^
X4
Nl1iM111Wn11
HA
wxmcYwemxwn
sM
Y.N [Y^.I
A
run
xorvWnPM WMMn
NMN
ID1Nc mEMYN[wlaf fntatl
o
D. SECTION TO BE COMPLETED BY COWER COUNTY I
EXHIBRI-02.4
WIM018840 AM
P. 1m
Cdller Cauny Sotltllalion 18-7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding $100.0001
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, la any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, 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 Federal grant, the making of any Federal loan, 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
or 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 connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, `Disclosure Form to
Report Lobbying; 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 Bit 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 1995). 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
disclosure, g any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at
seq., apply to this certification and disclosure,'d any.
Alen Construction Group, Inc.
Contractor Name))
Signature of Contract Authorized Official
Ruben Alen - President
Name and Title of Contractor's Authorized Oficial
Date
EXHIBIT I-02 - 5
&I5 0188 40 AM P. 107
Collier County Solidration 18-1332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
18-7332
Collier County Solicitation No.
1, Ruben Alan , hereby certify that to the best of my knowledge, neither I nor
my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director,
trustee, general partner or employee, or any person or organization with whom I am negotiating or have an
arrangement concerning prospective employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of
my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a
close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which I now serve actively or have served within
the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any
person or organization that does become Involved in, ori ected at a later date by, the conduct of this matter.
Ruben
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of this information. The primary use of the intonation on this form is for review by
officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and
regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local
law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or
regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in
order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a
conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General
Services Administration in records management inspections; (5) to the Office of Management and Budget during
legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the
appearance of a witness in a judicial or administrative proceeding, If the information is relevant to the subject
matter, This confidential certification will not be disclosed to any requesting person unless authorized by law. See
also the OGE/GOVT-2 executive branch -wide Privacy Act system of records.
7
51152018 8:40 AMS,
P. 109
E-Verify
Company to Number: 570073
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security, (DHS) and the
ALEN CONSTRUCTION GROUP, INC. (Employer). The purpose of this agreement is to set forth
terms and conditions which the Employer will follow while participating in E -Verity.
E -Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E -Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority forthe E -Verify program is found in Title IV, Subtitle A. of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (6 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE 11
RESPONSIBILITIES
A RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E -Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E -Verity. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verity access only to current employees who need E -Verity access.
Employers must promptly terminate an employee's E -Verity access R the employer is separated from
the company or no longer needs access to E -Verify.
Page 10117 E -Verily MDU ror Ern&,ws I RtMa.n Date ea101113
E-Verihf
Company ID Number: 570073
4. The Employer agrees to become familiar with and comply with the most recent version of the
E -Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E -Verify cases will
complete the E -Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E -Verify.
6. The Employer agrees to comply with current Form 1.9 procedures, with two exceptions:
a. If an employee presents a "List B" Identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List 8 documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E -Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees Contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to Complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen Containing the case verification number and attach It to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 2748 of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E -Verify procedures,
the Employer establishes a rebuttable presumption that It has not violated section 274A(a)(1 XA) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but Continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of Continued employment following a final
nonconfirmation; (4) If the Employer Continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Pape 2 a 17 E -Verity MOU kr Employers I Revision Dare OW1113
E Verify Art,
Company ID Number: 570073
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verity participant
is civilly or criminally liable under any law for any action taken In good faith based on information
provided through the E -Verify.
b. DHS reserves the right to Conduct Form 1-9 compliance inspections, as well as any other
enforcement or Compliance activity authorized by law, including site visits, to ensure proper use of
E -Verify.
9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
Completed. The Employer agrees to create an E -Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to Complete as many steps of the E -Very process as are necessary according to the
E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be extended
until It is again operational in order to accommodate the Employer's attempting, in good faith, to make
Inquiries during the period of unavailability.
10. The Employer agrees not to use E -Verify for pre-employment screening of Job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User
Manual does not authorize.
11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.8 of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter Containing information specific to the employee's E -Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English Copy of the letter to the SSA. The
Employer must allow employees to Contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their was is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case In continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to Contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Pepe 3 d 17 E-Ve" MOU hr Empb,m I ReAv. Dale 08/01113
a7
O
E -Verify °=
Company ID Number: 570073
(Including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or If a secondary verification is completed and a final nonconfirmation is Issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker ho0lne).
14. The Employer agrees to Comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual In hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E -Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII Could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information 9 receives from E -Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes,
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Vedfv(aldhs.aov. Please use "Privacy Incident— Password" in the subject line of your email when
sending a breach report to E -Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this Information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to Cooperate with DHS and SSA in their compliance monitoring and
evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Papa 4 of 17 E-Ve* MDU for Employers I Rem1on Date 06101/13
r?
O
Company ID Number: 570073
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-Venfy, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation In E -Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering Into this MOU does not
mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without fret
obtaining the prior written consent of DHS.
21. The Employer agrees that E -Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the speck terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify.
22. The Employer understands that if it uses E -Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E -Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment
verification tens in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that it it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any *employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer
may not create a second case for the employee through E -Verify.
a. An Employer that Is not enrolled in E -Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E -Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be Initiated within three business days after the hire date. Once
enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E -Verify MOU for Employers I Revision care OM1113
Jr,
EMerify
Company ID Number: 570073
It. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E -Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled In E -Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E -Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E -Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify
case for an employee assigned to a contract as long as:
That Form 1-9 Is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
M. The Employer has reviewed the Form 1-9 information either in person or in
Communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete anew Form 1.9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
I. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 Contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
P., 6 of 17 E -Verify MOU for Employers I a Idon Date MI/13 /�
Verify
Company ID Number: 570073
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual.
g. The Employer agrees not to require a second verification using E -Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that I it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA
also agrees to limit access to such Information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E -Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E -Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases. SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final
nonconfrmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E -Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Pape 7 at 17 ENO* MOD for Emp"m I Revision Date 06/01/13
Verify
Company ID Number: 570073
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E -Verify process.
3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an
E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E -Verify.
4. DHS agrees to train Employers on all important changes made to E -Verify through the use of
mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to
E -Verify. DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which Indicates the Employers participation in
E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
8. DHS agrees to Issue each of the Employers E -Verify users a unique user identification number and
password that permits them to log in to E•Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
Information to individuals responsible for the verification process, for evaluation of E -Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfrmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfinnation Issued by SSA, the Employer must print the
notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E -Verify
Pape 8 of 17 E -Vett WU for Employers I Revision Date 03/01!13
v
Verify
Company ID Number: 570073
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E -Verify. The Employer must record the case verification number, review the employee
information submitted to E -Verify to identify any errors, and find out whether the employee contests the
tentative nonconfinnstion. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E -Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees If they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonoonfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will Instruct the
Pape 9 or 17 E -Verify WU for Emp"am I Revision Dale M1113
E-Verify
Company ID Number: 570073
employee to Contact DHS through its loll -free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfinnation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mall (fumished and paid for by the employer)
7. The Employer understands that if it Cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
Page 10 or 9 E-Ve" MOU br Employee I Revision Date 06/01113
1,
E-Verify
Company ID Number: 570073
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU. DHS may terminate this MOU, and thereby the
Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E -Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its Contractual responsibilities. Similarly. the Employer understands that if it is in a state
where E -Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal Contract that
requires its participation in E -Verify is terminated or Completed. In such cases, the Federal Contractor
must provide written notice to DHS. If an Employer that is a Federal Contractor fails to provide such
notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, I the Employer
is terminated from E -Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MDU.
B. Nothing in this MOU is intended, or should be Construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of Control or
merger, all or any part of its rights or obligations under this MOU without the prior written Consent of
DHS, which Consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E -Verify Is not Confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 17 E-Veriy MOU for Empk iry I Revision Care 08/01/13
II
Verify
Company ID Number: 570073
Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The Individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E -Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E -Verify at 1.888-464.4218.
Pegg 12 of 17 E-VeMy MOV for Empby m I RevlVon Dale 0&01113
r,_ 1
-Verify
Company ID Number: 5]00]3
Approved by:
Employer
ALEN CONSTRUCTION GROUP, INC.
Name (Please Type or Print)
Rte
NATIA BELTRAN
Signature
Date
Electronically Signed
06/14/2012
partment of Homeland Security— Verification Diviston
Name (Please Type or Print)Title
USCIS VeMcation Division
Signature
Date
Electronically Signed
06/14/2012
Pape 13 of 17 E-Veefy MOD kr Employers I Revlaion Deis 0&01/13
E -Verify ,
Company ID Number: 570073
Information Required for the E -Verify Program
Information relating to your Company:
Company Name
ALEN CONSTRUCTION GROUP, INC.
Company Facility Address
5501 SW 162ND AVE
SOUTHWEST RANCHES, FL 33331
Company Alternate Address
County or Parish
aROWARD
Employer Identificagon Number
61290055
North American Industry
lass cation Systems Code
236
arenl Company
Number of Employees
20 to 99
umber of Sites Vert ied for
t
Pepe 16 of 17 E.Verify MOU br Employers I ReAson Date 0&01/13 --
j
�Y 't
E -Verify ='w;t',
Company ID Number: 570073
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for In
each State:
FLORIDA 1 site($)
Peg. 15 .1 17 E-Verd, MOU for Emyloyera I ReWsion Data O M1M3
i
E-Verify
Company ID Number: 570073
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name
RUBEN ALEN
Phone Number
(954) 252 -1372
Fax Number
(754)223-5535
Email Address
ruben@atenconstructiongroup.com
Name
KATIA BELTRAN
Phone Number
(954) 252 - 1372
Fax Number
(754)223-5535
Email Address
halls®alem"stmebongroup.com
Page 16 of 17 E -Verity MOU for Employees I ReMeon Date 05Ibtn3
E -Verify L
Company ID Number: 570073
Page intentionally left blank
Page 17 of 17 E -Vary MOU for Employers I Revision Dale 08/01113
C'Y
State of Florida
Department of State
I certify from the records of this office that ALEN CONSTRUCTION GROUP,
INC. is a corporation organized under the laws of the State of Florida, filed on
January 12, 2012, effective January 6, 2012.
The document number of this corporation is P12000004012.
I further certify that said corporation has paid all fees due this office through
December 31, 2018, that its most recent annual report/uniform business report
was filed on March 8, 2018, and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Eighth day afMarch, 1018
Secretary of State
Trucking Number: CC9022109445
To authenticate this cernficate,Nsit the fonowing dte,enter this amber, and then
Man, the hateuenoes displayed.
hUps://services.sunblaorg/Fn[ngs/CernficateofSUtus/Certinc&teAuthentication
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399-0783
ALEN,RUBEN
ALEN CONSTRUCTION GROUP, INC.
6601 SW 162ND AVENUE
SOUTHWEST RANCHES FL 33331
Conglatulelians! With Nls Pounds, you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and buslnasses range
from architects to yatlrt brokers, from boxers Is harbaaue
restaurants, and they keep Flonda's economy strong.
Every day we work to improve the way we dD business in order
to serve you better. For information about oor services, please
tog ontawwa.mylloridalicenaa.mm. Thal more
1. To Son abort ow division and the regulations that Impact
yoµ subscribe to department newsletters and tram more about
.u.
initiatives.
Our mission at the Department is License Ef c endy, Regulate
FBIdy. We constantly strike to serve you better so that you Can
serve your customer. Thank you for doing business in Florida,
and congratulations on your new Iicensel
RICK SCOTT, GOVERNOR
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
COD1520506 ISSUE13: 0727/2016
CERTIFIED GENERAL bbNTRACTOR
ALEN,RUBEN
ALEN CONSTRUCTIOIf04", INC.
IS CERTIFIED unaar lha prorlFlena al ChASS F8.
I s ASIM.M. srearawlu+
DETACH HERE
STATE OF FLORIDA
KEN LAWSON. SECRETARY
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD ... .
Itdn�rh:'r� Ott ,"'{iteYYuaY31
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS
Expiration date: AUG 31, 2018
ALEN, RUBEN
ALEN CONSTRUCTION GkOUP, INC.
5501 SW 162ND AVENUE
SOUTHWEST RANCHES FL33331
Page 46a of 68 7 �)
ISSUED: 072701016 DISPLAYAS RC-OUIRED BY LAW SEEDS 1-160727001
Collier Coxnty
Adrrinlstratie Services Division
PoiC as g
ADDENDUM #1
Page 1 N 1
Email: jim9anaganQacolliergov.net
Telephone: (239) 252-8946
Date: June 12, 2017
From: Jim Flanagan, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 —18-7332 Marco Island and Everglades Airport Hangar Repairs
This addendum has been issued for the following items identifying changes, deletions, or additions to the
original solicitation document and bid schedule for the subject solicitation. Changes and additions are
identified with an underline and deletions have a strike -through.
Attached: 05-24-18 Pre-bid Agenda, Minutes and Sign -in sheets
Y Bid Due Date remains unchanged: June 14 at 3:00 pm
Please acknowledge receipt of this Addendum with your bid proposal.
LL4
Signature
Alen Construction Group. Inc.
Bidder
If you require additional information, please post a question on the Online Bidding site or contact me using the above
contact information.
Collier County
Administrative Services Department
Procurement Services Division
Meeting Minutes
Solicitation: ,.AMMpMwMEwWb,W ^w�.a�
❑ Selection Committee ❑ Negotiation Meeting. Q other. Pre -Bid Meeting
Date: 05-24-18 StartTime: 10:03 am Location:
Committee Members (Voting)
In Attendance:
Absent:
Advisors/Staff:
Jim Flanagan/CCPS Justin Lobb, CCAA
Purpose:
Solicitation Pre -Bid Meeting
18-7332 Marco Island and Everglades Airport Hangar Repairs
Discussion/Action:
Bid Due Date: Thursday June 14, 2018 @ 3:00 pm
Last Day for Questions: Tuesday June 05 @ 5:00 pm
Answers to Questions: Thursday June 07
All Bid Questions must be submitted on-line - No Questions will be answered during pre-bid meeting
Liquidated Damages will be $1,099 per calendar day
Bid to be submitted on Collier County Electronic Bid System.
Subsequent to Pre -Bid Meeting, attendees reconvened at sites to view the site conditions.
Recommendations:
1. All questions and discussions to be submitted on line by contractors. All answers wit; be provided on-line only
Adjoum Time/Facilitator: 10:27 am /Jim Flanagan
Meeunp Minutes Form
Rev. illimois �,
C:
ATTENDANCE SHEET
PRE-BID MEETING
Date: 05-2418
SOLICITATION # 18-7332 Marco Island and Everglades Airport Hangar Repairs
COUNTY DEPARTMENTS REPRESENTED:
� u •L a ::�..'r
Name
Name
Name
Name
Name
Name
Name
DIVISION
DIVISION
DIVISION
DIVISION
DIVISION
DIVISION
DMSION
DIVISION
DIVISION
DMSION
DIVISION
Name
DIVISION
Name
DIVISION
Name
DIVISION
Cl
ATTENDANCE SHEET
PRE-BID MEETING
Date: 05-2418
SOLICITATION # 18-7332 Marco Island and Everglades Airport Hangar Repairs
ELE9$E E9I11I
YOURNAMIff'.N—400SS
Company Name
OaO .tl. `%�-steeer
Mailing Address
lAnlTa,,M f ' 33 SGL
city, State ZIP
Telephone: ole, c7
YOUR NAME: /l< ✓ �'e' " r,
Company Name
SSO/ Sw /6z^�A"'
Mailing Address
S 6f,) 2•-, &ye-; GG 3 3,SJ
City, State ZIP
Telephone: (%I' Y) Z S L' / 3 7—?
FAX Number: Sei SPz f/? FAX Number: (_)
Email address: Email address: r" -4e. tl'. �+ cn^a• ��' °'
YOUR NAME: C4': i ff« M °'7
pFG Cm4r4tJi-% (S/o.
Company Name // I f 1 r�
1560 /11, 4 Nows 1)i 5-4e 7
Mailing Address
Fh/hy�i3 FL. TT-70-7City, S- tate ZIP
YOUR NAME:
t t� C
Company Name
149a le" tie -A %I,k
Mailing Address
A I. 3kYi'L
City, tate ZIP
Telephone: ( 504 .) 78.2 " 2 e 14 Telephone: ( 15 `l6 N As/ 2
FAX Number: (1341) 332 01 SCD FAX Number: (_)
Email address: a k. rs (? d e c coed /aa -1, +, Email address: f -6,,-L, . gp
cp,n
ATTENDANCE SHEET
PRE-BID MEETING
Date: 05-24-18
SOLICITATION # 18-7332 Marco Island and Everglades Airport Hangar Repairs
PLEASE PRINT
YOUR NAME: YOUR NAME:
Company Name Company Name
la VL kwwl 1W l
Mailing Address Mailing Address
KAA�01 VL
City, Stale �zip City, State ZIP
Telephone: ( AL4 114 62tA- Telephone: (_)
FAX Number: (_) FAX Number: (�
Email address: I VL A hwtl@S n N� (w Email address: _
****************J*"**r****************
YOUR NAME:
Company Name
YOUR NAME:
Company Name
Mailing Address Mailing Address
City, State ZIP
City, State ZIP
Telephone: ( )
Telephone: (_)
FAX Number:
FAX Number: �)
Email address:
Email address:
EXHIBIT A-2: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Personnel Cateoory
Josh Casillas Construction Superintendent
Alicia Simosa Project Manager
0 '
ConsWWon Sernces Agreement. ReWsetl 022010 t
�. ri
EXHIBIT B 1: PUBLIC PAYMENT BOND
Bond No.
Contract No. 18-7332
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety,
located at (Business
Address) are held and firmly bound to as Obligee in the
sum of ($ for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20 with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this_ day of
20 , the name of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
Constmdion services Agreement: Revised 022018 C,
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _day of 20
by as of
a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
112
me
ConsWdlon SeM= AgmeM: Re*02208 '�
M,
STATE OF
COUNTY OF
As Attorney in Fad
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone
The foregoing instrument was acknowledged before me this _ day of
20 by as
Of Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an
oath.
My Commission 6cpires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
1
3 /1
COOSWCIi00 S01WC05 ABf00T000 R0NS0U OYEO�` 11
EXHIBIT B 2: PUBLIC PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No.
Contract No. 18-7332
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 ff Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all workand 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 charges do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no charges, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifcations 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.
4 `
Constmdlon Seances Agreement: Revised 022018
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20 by as
of a
corporation, on behalf of the corporation. He/she is personally known
to me OR has produced as
identification and did (did not) take an oath
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
r, \
5
Consirvcllon SeMces Agreement: ReWsatl 022018 �%
ATTEST: SURETY:
8
ConsWdion Sernces AgrBemanC ReNseE 022018
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
20 by
,as of
,a Surety, on behalf of
Surety.
He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
8
ConsWdion Sernces AgrBemanC ReNseE 022018
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 asset 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
speck 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 Contractors sole responsibility.
Coveragefss) 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, non -renewal 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.
n
7
ConaVoction Services Agreement ReWae0 022018
Should at any time the Contractor not maintain the insurance coverage( required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s1 and charge the Contractor for such coverage(s1 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 coverage Us purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverage Us 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 fumish 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 provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
18
ConstwOlon Services Agreement: Revised 022018
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Required Limits
Type
1. S Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Compensation and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the
State of Flonda is required. Entities that are formed as Sole Propnetorships shall not be
required to provide a proof of exemption. An application for exemption can be obtained online
at h1tos://aoos1dfs.comlbocexamot/
2. S Employers
$1,000,000 single limit per occurrence
Liability
3. S
Bodily Injury and Property Damage
Commercial
General
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and
Liability
Property Damage Liability. This shall include Premises and Operations; Independent
(Occurrence
Contractor:; Products and Completed Operations and Contractual Liability.
Form)
patterned after
the current
ISO form
4. S
To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall
Indemnificatio
defend, indemnify and hold harmless Collier County, its officers and employees from any and
n
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 ContmctorNendor/Consultant or anyone employed or utilized by the
ContmclorNendor/Consultant in the performance of this Agreement.
5. S Automobile
$ 1,000,000 Each Occurrence; Bodily Injury 8 Property Damage, Owned/Hono ed/Hired;
Liability
Automobile Included
6. S Other ❑Watercraft $ Per Occurrence
insurance as
noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of
the work.
$ Per Occurrence
S 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
El Cyber Liability $ Per Occurrence
18
Construction Services Agreement Revised 022018
❑ Technology Errors & Omissions $ Per Occurrence
7. ® Bid bond Shall be submitted with proposal response in the form of certified Ponds, cashiers' check or an
irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a win
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. ® For projects in excess of $200,000, bonds shall be submitted with the executed contract by
Performance Proposers receiving award, and written for 100% of the Contract award amount, the cost bonne
and Payment by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten
Bonds by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner,
provided, however, the surety shall be rated as "A-" or better as to general policy holders rating
and Class V or higher rating as to financial size category and the amount required shall not
exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key
Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York
10038.
9. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required
to meet. The some 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. ® Thirty (30) Days Cancellation Notice required.
20 h
18
Construction Seances Agreement: Revised 0220 ( ��
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be
received, ("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
,20 for the period from to . This
partial waiver and release -is upon payment of the consideration described above. It is not effective
until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be fled, 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 fled 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 Contmdor's [monthly/final] Application for Payment
No. _
CONTRACTOR
BY:
Witness ITS:
President
DATE:
STATE OF
COUNTY OF
[Corporate Seaq
The foregoing instrument was acknowledged before me this day of
20, by as of
, a corporation, on behalf of the corporation. He/she is personalty
known to me or has produced as identification and did
(did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
21
Construdion SeMces Agreement: ReNsed 022018 1\ -
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier Coun Board of County Commissioners the OWNER or Collier County Water -Sewer
Owner's Project
Mana er's Name:
Contractors Si nature:
Bid No.
Date:
County's Division Name
Pro ect No.
Payment to the CONTRACTOR for
Submitted by Contractor
Representative: Name
Design Professional's Name:
Application Date:
Signature:
Contractor's Name &
Address:
Payment to the CONTRACTOR for
Payment Application No.
Owner's Pmject Mana er Name:
Original Contract Time:
I Date:
Ori inal Contract Price:
$
Revised Contract Time:
Total Chane Orders to Date:
$
Revised Contract Amount:
$
Total Value of Work Completed &
Stored to Date:
$
Retainage r@10%
through [Insert Date]
$
Retainage @ 10% through [Insert
date]_
$
Retainage Q _%
after Insert date
$
Less Retainage
8
Total Earned Less Retainage
It
Less previous payment(s
Percent Work Completed
to Date:
%
AMOUNT DUE THIS
APPLICATION:
$
Percent Contract Time
Completed to Date:
%
Liquidated Damages to
Be Accrued
$
Remaining Contract Balance
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of paymentfree and clear of all liens, claims, security interests and encumbrances (exceptsuch
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.
Contractor's Name
Contractors Si nature:
Date:
Type Title:
Shall be signed by an authonzed
representative of the Contractor
Payment to the CONTRACTOR for
the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature:
I Date'.
Payment to the CONTRACTOR for
the above AMOUNT DUE THIS APPLICATION Isrecommended by:
Owner's Pmject Mana er Name:
Signature:
I Date:
22
Constwdion Services Agreement Remsed 022018 /%
EXXIWDfCfMh M) SCHEDULE OF VALUES
Pwraw..: PM.aw.x
orre
wwe*.
-EVamknlo,tMn Col MuMer Pre MWIl[atlOnr: ik LM1ry WteuwM1nenv'MII Plate alllMOrmaYonualtrmoOMntt is mNM tartar a rek55e or reduction Ol Malnspirmacemi
irroplry. if to M1appas,am Womadon wto its, loft Of"s; Claw In Moran, assim dinik lXry DzremFmn. IMOmationtim, eatdate is oald in tAe sine Dale Celmn. lMastaa
Mer las N W.d 9ne tk slogs ri raaimge.
23
Constmolion Services AgrcemenL etl ReWa022023
Exhibit D
(Continued) Stored Materials Record
Formula: A+B - C - D=E
24
Construction Services Agreement: Revised 022018 r
aaaaa
Descriptio p� Invoice
EM=
24
Construction Services Agreement: Revised 022018 r
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
httD://bccso0l /SiteDirectory/ASD/Purchasing/Formsl /Forms/Default.asox
Change Omer Form
Contracts,= Change#= PurcMUOroerf:
Pa cVP:�
ContractarlFirm M. Project Banne:
ProjeHManagr Name
Oepanment
Opinal CONe Wwk at. Ancu#
6piMl BCC AWcaM DaM, AgeMv hemi
Cunha BCC ApanaaO Amoun
Lint BCC APWaval D. Aganta I#mr!
toren caneatllY/nk gar brant
SM coniaecl Exciralun Da# (Ma[r)
Dow Anauhof thk Charge
su Ng!
To#I CMMe barn original Aman
ftH." CmtracvVV M dor Total
3 g.g0
4DIVIDII
change from C urart BCC Ameol Amount
,.ban, Pre Original sl Do APPmvef� R ,oaeE Da#
Doh Original
Dat Da# invxbaaa tags
fol DaysMoeE=Select Taake OMone task(s) ODelete#alts) CI Changetasgs) DftePoWbl
N,are<fy: Date:
oject M.nger N.. aha eyanmW)
P[<eparce of ltn Cargo ONnslW Cgslfota nood Mto ocabXtl Yrpkp6ar Jeard...e anal wd Mstbacl wal IMaim!
terms anecoieakma xaantvsf t1tlmCMraC11 wrkaNer Mcattlahwk%MfyxdlMsamewt» smaf mthis lttxpeaMe. the
afryzlmem. A any, wtMCaneaa ahalcmvkneafulargfuW fe1lMtMieol my aha of skims aI1MCanexwlVergwl Co%uhaml
Oesgn Pw}eesronYarhkgouolr rYoteowtM<MrgesanlonX hreir, iciWi{Nelms Im im%a aMtlNay c%a.
AcoePMo by Dana:
( m4nctdl eMarlCmzWanl! %gn mfessqulartl NamaN mn, prgecfaPl>:caok;
bfreaeo 5y: Data.
%, r eeawlaM N.. M F,e roJ ,alW4aelel
APProaeo by: Date:
(Prxoramem .ii.r
25
Cwstmdion Services AgmmeM: Reaise 022018 r'
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof.
To
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
connected 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
Conshudion Services Agreement Revised 022018 j C
er
RESPONSIBILITIES:
OWNER:
The following documents are attached to and made apart 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
2]
Construction Services Agreement: Revised! 022018 1'f �l
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: 20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As -Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
g. 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 Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name & Tide)
By Design
Professional: (Firm Name)
(Signature)
(Typed Name & Title)
By Owner: (Department Name)
(Signature)
(Name & Tire)
28 r
Construction SeMcea Agreement Revsetl
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
potion 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-ske 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 responsbilides 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: Rehsed 022018
j �,• 1
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 propedy shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner wit 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 datesfor starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
30
C nslmdion Services AgreemeM: Revise 022018 `/
limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed
outside the speed 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 Contractors Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, ff 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
Constwdion Series Agreement: RevimcI022018
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 Managerfor 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 Contractors
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 Contractors 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 Owners 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 asset 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
vehide for goods andfor 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 Countys credit card
for transactions relating to this solicitation
32 C'
Constwdian Services Ayre enL Revised 022018
5. PAYMENTS WITHHELD
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owners 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.
��jCI_197_\7LL�:Y1
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 Contractors right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consentto 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 Contractors Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractors 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 Owners 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.
33
Constwdion Services Agreement Remed 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 specked 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 Contractors 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 Contractors 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 Managers 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
Canstmdion Seances Agreement Revised 922918 �,,,
record time required by the Project Manager and the Project Managers 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 Professionals 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 Contractors 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 Contractors and Sub -Contractor's personnel;
8.1.4 The number of Contractors 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 Charges 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 Charge 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
Canstmetion 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 -Butt" 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 pubic records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material --men, as well as coordinating is Work with all
s
ConsWdion SarWces Agreement. ReWsetl 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 asset 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 orin 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 noted 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 withoutsuch 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. Ownerwill not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (1) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items 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 duty 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
3]
Constmdion Services Agre enC 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 (100/6) 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-Contractoes
bond costs associated with any change order shall be induced 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 charges in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
if�dL1L'�6'IJ` e e ylrYYd=,
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 parry 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
Construction Services Agreement: Revise 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 atter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/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 duly 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 finaljudgment that an action against the Owneror an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
39
Constmdion Services Agreement: Revised 022018
C.; ^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-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, at sea, and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
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's/bidder's proposal. Acceptable
evidence consists of a copy of the property 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 Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents.
40
OonsWdion SeMces Agreement Rem022018
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: htto:/hw .dhs.gov/E-Ver*rfv. It shall be the Contractors
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, etseo. 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 Contractors
commencement of the Work.
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.
41 ��•
Constwdion Services Agreement ReWswl 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. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractors 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 Contractors sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractors 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 Contractors
subcontracts and purchase orders, and complete all or any portion of Contractors Work bywhatever
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 attomeys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re-lefting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
42
Censtwdion Services Agreement: Revise 022018 ^•�
i '.
18.5 If, after notice of termination of Contractors 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 Contractors remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (1) 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 Contractors 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 Contractors intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractors 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 porton 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
Consrvgian Services Agreement: ReWseE 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 she (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, h 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 unlessothenwise 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.
w
Consbuction SerWces Agreement: Retisetl 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 Contractors 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 Ownerto disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies viith 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 Managerwith 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 Managerthe 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 reinspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractors 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 Managers 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 wort during the construction period beyond the regulareight (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 Contractors 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
C0n81Nd100 SBMM A8r80TBOG RBWSBE 022018 ��
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 for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount Such direct, indirect and consequential costs shall
4s
Canstmction Services Agreement Revise 022018
y!:
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 Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendert shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractors key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and I 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
contractors 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 Contractors
monthly pay estimate, sufficient moneys to account for the Owners loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner
or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
a
Constwdion Services Agreement Revise 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 and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
48
ConstmUlon SeMms Agreement: RWsW 022018 "�
Employees shall not bring onto any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work maybe 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 Owners 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 Owners officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owners safety and security
regulations, and shall comply with all security requirements at Owners facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
48
Construction Services Agreement: ReN 022018
U8v
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
completionRermination 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, FOOT
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
10
Constwdion5endoes AgreemenB ReWsed 02201 a .�
'1
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 201369, 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 reliabifty 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, charged, 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 appy 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
51
Constm0ion SeMos Agreement: ReWsed 022018
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub -
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in Mich Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
52
Consti0c0on Sen ms Agreement: R"see 022018 ,.
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 availableat 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. Priorto 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 forthe costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
53 '
Constmdion Services Agreement Revised 022018 1) ,'';
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 email
(DL-FMOPS(Meollieroov.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.
sa
Consimction Semm AgwmenC Revised 022018
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 Owners 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
Constmdion Services Agreement: ReNswl 022018
�„ j
Exhibit I: Supplemental Terms and Conditions
(following this page)
58
Conslmdion SeMWS Agreement Revised 022018
CWnr County Sollcltatlo 10-7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Acknowledgement of Terms, Conditions and Grant Clauses
2. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
3. Anticipated DBE, MAYBE or VETERAN Participation Statement
4. Lobbying Certification
5. Conflict of Interest Certification
EXHIBIT 1-02 -1
W192018 840M
Cnitler County Solidtellon 18-7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS 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 (t) 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 hamlless 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 subcontractors 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 requirements identified in this document.
Vendor/Contractor Name Alen Construction Group, Inc.
Date
Authorized Signature ZZ
1
EXHIBR 1-02 - 2
511512018 B Q AM
Collhr County Solidleion 18-7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT, 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 voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Alen Construction up, Inc.
By
Sign re
Ruben Alen -President
Name and Title
5501 SW 162nd Avenue
Street Address
Southwest Ranches, FL 33331
City, State, Zip
07844-1260
DUNS Number
10112113
Date
Sub -Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z0001
FEMA Project Number: 4337DRFLPOOOD001
EXHIBIT 1-02 -3
5 lMO188:40 AM
Collier County Sollutvlim 18-7332
EXHIBIT I-02
FEDERAL CERTIFICATIONS AND ASSURANCES
COWER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
SNtu[ Wb 0! VWIW. VMl11lltl! 0NW x111 alplert 111LMIN{b INMFl4vdtl rtNIN ArtlmMtIX gOVIM r➢urtp MNnN11NNMNrtv[Ii1RU l
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIML NWEPNINL fOOxu.io CONieeCTpOVgR➢MouNr
Alen Construction Group, Inc. 80-0775262
lSra
M19x[SSRalq➢NMro➢Lan 9.wLVRVNRKam, fel N 6mEeC[IVTYtNtXGMIR➢Cf_
MdMRYORwONw EXRRNe[! veei 1„ x WNSiPVLL10N? ❑Y x
IORUMRW/Rn OR aI➢KeY.YLLOVJDV➢MK[p �l
WLX[SLBp L[RTNGl10NfROM1XLYA1LL W51MLie MRE? N CON[VLTpTOX? V N
0.W Nt5A➢T@'i 6YPMLp5NV0VERRRXa WEEa N OnICR? V N
M? Y N
611USSVOMISSIOX➢RMSpN? V N :a YE5,RM5pX XVMC[R
S. IF MME HAS SUBCONTRACTOR OR SUPPLIER WHO 15 A DISADVANTAGED MINORITY, WOMEN -OWNED, SWU
BUSINESS CONCERN ORSERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NW SECTION
WE MAMIE SUBCOXiR➢LTMMSUWVm W"0iw01N[0R EINNYT(DOE SUC/LF%Wl pFR[{M 04 (DHIR➢CT
yL[pyN M➢RY LMCI➢LlY ISlI ONOWI OOV➢R ➢MOIME DOugge
DBE lAiprConAtnuctionGnomind11,nun HA $ 508,281.00 93.9%
—u:l $ 508,281.00 1 93.9% 1
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
xeM{asuxdnYR omE TIR[o{suen+nTn
Ruben Alen 06/14/2018 President
LLYle00RESe OPMWE I T[IONONCMLM09 PAx XVEAsrN
ruben@alenconstmctiongroup.com 954-252-1372 N/A
NOTE ilomlIXmlxmu aldtovM and MWrtaRldgXfd oxo ME[IMrtx+DaN➢NrMenIMX➢tltd aanmNV. TXeantidlmld we W
Mxanamu v%urOrylrtl x-01 mt xcxm xrt✓VN[mdrbtltemu. Tis Tam nwt Ee Nhnirted Mdme W tepmNM•
SNriNYlmi XutlwlunrxlNldltauMywwa[[Mle Dnmewe OEaLkW tP uptlrta tM inbrmllixn M[M1l Pax [wnpiarcefilN.
CIM/O[Y
CM! �
dW1YnNYin
x
1YSWIKpmNtin
1U
[Iatiw Pnwion
Ne
wxmt. ➢sunpmvbn
im
enwloe
MA
.non
.wMtirMhy Waren
NM
Ovar. mtoiap DNMr PaA 4Nd
0
D. SECTION TO BE COMPLETED BY COWER COUNTY I
EXHIBIT 02 -4
5/15=18 B:AO AM p. 108
Collier County Solicitation 10-7332
EXHIBIT 1-02
FEDERAL CERTIFICATIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding $100,0001
The undersigned [Contractor] cedifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be 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 Congress, 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 Federal grant, the making of any Federal loan, 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
or 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 connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, 'Disclosure Form to
Report Lobbying; in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subswards at all tiers (including subcontracts, subgrents, 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 1995). 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
disclosure, B any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at
seq., apply to this certification and disclosure, if any.
Alen Construction Group, Inc.
Contractor Nam
Signature of Contractors Authorized Official
Ruben Alen - President
Name and Title of Contractors Authorized Official
-11z11s
Date
EXHIBIT 1-02 - 5
WISM0188:0 AM
10
p. 102
cooler Cwnly Snlicitatlon 104332
EXHIBIT W2
FEDERAL CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
18-7332
Collier County Solicitation No.
I, Ruben Alen , hereby certify that to the best of my knowledge, neither l nor
my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director,
trustee, general partner or employee, or any person or organization with whom I am negotiating or have an
arrangement concerning prospective employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of
my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a
close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which I now serve actively or have served within
the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any
person or organization that does become involved in, orr)offected at a later date by, the conduct of this matter.
Ruben Alen
President
Privacy Act Statement
Tille I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of this information. The primary use of the information on this form is for review by
officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and
regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local
law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or
regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in
order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a
conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General
Services Administration in records management inspections; (5) to the Office of Management and Budget during
legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the
appearance of a witness in a judicial or administrative proceeding, If the information is relevant to the subject
matter. This confidential cenficaflon will not be disclosed to any requesting person unless authorized by law. See
also the OGE/GOVT-2 executive branch -wide Privacy Act system of records.
EXHIBIT I-02-6
511520188',40 AM P. tda'''`
EXHIBIT I
FEDERAL CONTRACT PROVISIONS
FEDERAL EMERGENCY 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 Law, Regulations and Executive Orders: The Sub -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 law.
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:
c 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
o 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 at seq., 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's 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
contractor agrees to provide the FEMA Administrator or his authorized representativesaccess 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 DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre- 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
U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions
pertaining to this contract.
EXHIBIT I - t
EXHIBIT I
FEDERAL CONTRACT PROVISIONS
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 earned 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,
httos /Avww eoa aov/smm/comprehensive-Procurement-muideline-coc-orocrem
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 Possible. (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 1 -2~
EXHIBIT I
FEDERAL CONTRACT PROVISIONS
(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, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, 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 subcontracts 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 60, all
contracts that meet the definition of "federally assisted construction contract' in 41 C.F.R. § 60-1.3 must 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:
I. 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 orientation, 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 be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
II. 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 formal 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 contractorwill comply with all provisions of Executive Order 11246 of September24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
EXHIBIT I - 3
EXHIBIT I
FEDERAL CONTRACT PROVISIONS
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 Labor, 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 ascertain 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 amordanoe
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 rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 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 be 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 U.S.C. 37014708) (over $100,000): Where applicable, all
contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 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 all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (1) of this section the wntractor and any subcontractor 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 computed 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 unpaid wages and liquidated damages. The (write in the name 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 account of 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 for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph (2) of this section.
EXHIBIT I-4
EXHIBIT I
FEDERAL CONTRACT PROVISIONS
(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 $150,000): 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 Pollution Control Act: (over $150,000) (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 at seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor
agrees to report each violation to the County and understands and agrees that the County will, in tum, report each
violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements 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 $100,000): 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
State 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 a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a 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 20.055(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, FDEM, or its designee's access to such records upon request.
EXHIBIT I - 5