Agenda 09/25/2018 Item #16D1509/25/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7457, Eagle Lakes Artificial
Turf Conversion, to SCG Fields, LLC for conversion and construction of one (1) artificial turf
soccer field at Eagle Lakes Park in the amount of $794,452 and authorize the Chairman to execute
the attached construction agreement.
OBJECTIVE: To procure professional construction services to convert one (1) of the existing grass
soccer fields at Eagle Lakes Park to an artificial turf field. The conversion will provide for greater
availability and use of fields for play, minimize maintenance time, and resting time required by existing
natural grass fields, improve field drainage, and provide for more durable fields for play. The project is
based on the Artificial Turf Standardization products (AstroTurf) established by RFI #17-7163
Standardization - Artificial Turf.
CONSIDERATIONS: On August 09, 2018, the Procurement Services Division issued ITB Solicitation
#18-7457, Eagle Lakes Artificial Turf Conversion, to 4,229 vendors. Vendors downloaded sixty-seven
(67) bid packages and on September 13, 2018, the County received five (5) bid responses, as summarized
as follows:
RESPONDENTS:
Company Name City County ST Base Bid Alt #1 Alt #2 Responsive
/Responsible
SCG Fields, LLC Brecksville OH $753,257 $41,195 $18,738 Yes/Yes
XGD Systems,
LLC
Stuart Martin FL $872,192 $114,715 $19,263 Yes/Yes
Hellas
Construction, Inc.
Austin TX $884,191 $123,405 $17,512 Yes/Yes
Compass
Construction
Cape Coral Lee FL NO BID
Bonness, Inc. Naples Collier FL NO BID
The bid incorporates conversion of one (1) existing grass field at Eagle Lakes Park to an Astroturf
Synthetic Turf System. Alternate #1 sought bids for adding fencing as indicated on the dr awings.
Alternate #2 sought bids for adding a Zeofill topping, a product designed for moisture retention and
cooling properties.
Staff reviewed the bids received. Compass Construction, Inc. and Bonness submitted no bids - Compass
noted in the County’s online bidding system that its subcontractors did not bid the correct scope, while
Bonness noted that the project did not involve enough sitework. Of the remaining responsive/responsible
bidders, Staff determined that SCG Fields is the lowest responsive and responsible bidder. SCG’s bid is
approximately fifteen (15%) percent below the Engineer’s Opinion of Cost.
Staff, therefore, recommends that the contract is awarded to SCG Fields, the lowest responsible and
responsive bidder for the base bid in the amount of $753,257, plus Alternate #1 in the amount of $41,195,
for a total contract amount of $794,452. Staff recommends NOT awarding Alternate #2.
FISCAL IMPACT: Funds will be available in FY19 within the Eagle Lakes Artificial Turf Conversion
Project (80381) in the Parks and Recreation Capital Fund (306). Source of funding are transfers from the
the Unincorporated Area General Fund (111).
16.D.15
Packet Pg. 1979
09/25/2018
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this
action.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To Award ITB Solicitation #18-7457, Eagle Lakes Artificial Turf Conversion,
to SCG Fields, LLC, for the construction of Eagle Lakes Park Artificial Turf Conversion (Project No.
80381), in the amount of $794,452, authorize the Chairman to execute the attached agreement.
Prepared By: David Berra, Project Manager, Parks and Recreation Division
ATTACHMENT(S)
1. 18-7457 - NORA - Executed (PDF)
2. 18-7457 - ELORA (PDF)
3. 18-7457 Bid Tabulation - Final (XLSX)
4. (linked) 18-7457 SCGFields_Contract_VendSigned (PDF)
16.D.15
Packet Pg. 1980
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 6766
Item Summary: Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7457,
Eagle Lakes Artificial Turf Conversion, to SCG Fields, LLC for conversion and construction of one (1)
artificial turf soccer field at Eagle Lakes Park in the amount of $794,452 and authorize the Chairman to
execute the attached construction agreement.
Meeting Date: 09/25/2018
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
09/18/2018 11:32 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
09/18/2018 11:32 AM
Approved By:
Review:
Public Services Department Todd Henry Additional Reviewer Skipped 09/18/2018 11:35 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 09/18/2018 11:36 AM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 09/18/2018 11:39 AM
Procurement Services Ted Coyman Additional Reviewer Completed 09/18/2018 11:50 AM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 09/18/2018 11:55 AM
Procurement Services Swainson Hall Additional Reviewer Completed 09/18/2018 12:07 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 09/18/2018 12:14 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 09/18/2018 12:14 PM
Facilities Management Margaret Bishop Additional Reviewer Completed 09/18/2018 1:07 PM
Public Services Department Todd Henry Level 1 Reviewer Skipped 09/18/2018 3:21 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 09/18/2018 3:21 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/18/2018 4:08 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/18/2018 4:21 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2018 4:33 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/18/2018 9:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/19/2018 7:38 AM
16.D.15
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09/25/2018
County Attorney's Office Emily Pepin CAO Preview Completed 09/19/2018 9:11 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/19/2018 10:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.D.15
Packet Pg. 1982
16.D.15.a
Packet Pg. 1983 Attachment: 18-7457 - NORA - Executed (6766 : 18-7457 Eagle Lakes Artificial Turf Conversion)
800 Fairway Drive, Suite 195
Deerfield Beach FL US 33441-1828
Office (954) 481-2812
Fax (954) 481-2818
September 13, 2018
Mr. David Berra
Collier County Parks and Recreation
15000 Livingston Road, Naples, FL, 34109
Re: Eagle Lakes Park
Artificial Turf Conversion
Bid Award Recommendation
Collier County, Florida
Dear Mr. Berra:
Stantec Consulting Services has completed our review of the quotes submitted for the above
referenced project and we are pleased to provide the following award recommendation.
The scope of the Eagle Lakes Park project is to replace the east soccer field with a new Artificial Turf
surface suitable for competitive soccer play. The improvements include drainage, subgrade and
underground improvements for the preparation of the artificial turf. Fencing is included as a bid
alternate to be included as budget restrictions allow.
The project received three bids that were evaluated and two responses for no-bid. SCG Fields placed
a bid for $753,256.00 and is the apparent low bidder. XGD Systems placed a bid for $872,192.27
and was the apparent second low bidder. Hellas Construction placed a bid for $884,191.00 in third
place.
Initial review of the packages appear that all proposers have submitted the necessary documentation,
Further follow-up by purchasing will confirm that all documentation meets the requirements of the bid.
As the apparent low bidder, the references and capabilities of SCG Fields were reviewed in further
depth. It should be noted that SCG fields is a certified installer for Astroturf, therefore they have a
trusted working relationship with the turf vendor. References were contacted to determine their
reputation with previous clients.
All references were contacted for feedback. Of the six references listed, two of them were reached
within the short time frame available. Messages were left for the other references and this letter will
be amended if additional conflicting information becomes available. The two references that were
reached responded as follows:
• North Miami Athletic Stadium- Mr. Derrick Corker, Recreation Director, was reached to
comment about his experience with SCG Fields in the development of a turf field for the City
of North Miami. He offered glowing praise for the contractor and indicated that they were first
class. He indicated they were professional, clean, helpful and worked on a quick schedule.
• Calvary Day School Stadium Field – Mr. Chad Griffin, Athletic Director, was reached to
comment about his experience with SCG Fields in the development of this project in
Savannah Georgia. Mr. Griffin highly recommended the contractor and indicated they were
16.D.15.b
Packet Pg. 1984 Attachment: 18-7457 - ELORA (6766 : 18-7457 Eagle Lakes Artificial Turf Conversion)
September 13, 2018
Page 2 of 2
a first-class organization. He was very impressed with their professionalism and their
willingness to work with the school to overcome challenging conditions.
It should also be noted that one of the County consultants also has experience working with the
Contractor and has recommended them based on a number of previous projects.
Based on the feedback from the references and the information available to us, it appears that SCG
Fields is a highly professional contractor capable of performance on this project. Provided that the
bid package is deemed to be fully responsive, we recommend that the project be awarded to SCG
Fields as the apparent low bidder.
We thank you for the opportunity to provide Collier County with our services.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Jeffrey Crews, P.E., LEED AP
Principal
V:\2156\active\177311041\Award\Recommendation of Award.docx
16.D.15.b
Packet Pg. 1985 Attachment: 18-7457 - ELORA (6766 : 18-7457 Eagle Lakes Artificial Turf Conversion)
18-7457
Eagle Lakes Park Artificial Turf Conversion
SPG FIELDS, LLC
1 MOBILIZATION 65,618.00$
2 EROSION CONTROL 3,429.00$
3 TEMPORARY SECURITY FENCING 5,230.00$
4 SITE PREP, EXCAVATION & GRADING 31,616.00$
5 IRRIGATION/WATER SYSTEM MODIFICATIONS 7,152.00$
6 DRAINAGE SYSTEM UNDER FIELD 74,415.00$
7 DRAINAGE SYSTEM AROUND FIELD 6,399.00$
8 CONCRETE CURBING 19,921.00$
9 ROCK DRAINAGE LAYER & FINISH ROCK LAYER 93,468.00$
10 IMPACT PAD - FURNISHED AND DELIVERED 99,470.00$
11 SYNTHETIC TURF - FURNISHED AND DELIVERED 203,473.00$
12 INFILL MATERIAL - FURNISHED AND DELIVERED 34,323.00$
13 IMPACT PAD - RECEIVED AND INSTALLED 15,435.00$
14 SYNTHETIC TURF AND INFILL - RECEIVED AND INSTALLED 56,595.00$
15 MAINTENANCE EQUIPMENT 8,713.00$
OWNER'S ALLOWANCE 25,000.00$
PERMIT ALLOWANCE 3,000.00$
Base Bid:753,257.00$
Alternate #1 ADD FENCING AND GATES INDICATED ON DRAWINGS 41,195.00$
Total Alternate #1 41,195.00$
TOTAL AWARD (BASE BID + ALTERNATE #1)794,452.00$
BIDDER SHALL ALSO ATTACH A DETAILED SCHEDULE TO REFLECT COMPLETION THE WORK IN THE TIME
FRAME PROVIDED
16.D.15.c
Packet Pg. 1986 Attachment: 18-7457 Bid Tabulation - Final (6766 : 18-7457 Eagle Lakes Artificial Turf Conversion)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIE=R COUNTY, FLORIDA, ("Owner")
hereby contracts with SCG Fields, LLC ("Contractor") of 10303 Brecksville Road, Brecksville,
Ohio 44141, a Limited Liability Company, authorized to do business in the State of Florida, to
perform all work ("Work") in connection with Eagle Lakes Park Artificial Turf Conversion,
Invitation to Bid No. 18-7457 ("Project"), as said Work is set forth in the Plans and Specifications
prepared by Stantec Consulting Services, Inc., the Engineer and/or Architect of Record
("Design Professional's and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Seven Hundred Ninety -Four Thousand Four Hundred Fifty -Two Dollars
($794,452.00)
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bands, 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 meetthe 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.ciov/c570/c570,htrnl#certified. Should the Contract Amount be less than
1 T
Construction Services AgreemenL Revised 072118 �
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety.
B. If the suretyfor 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 Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within seventy-five (75) calendar days from the Commencement Date (herein
"Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof)
is the date certified by the Design Professional when construction is sufficiently complete, in
accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion
within fifteen (15) calendar days after the date of Substantial Completion. Final Completion shall
occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and
is so stated by the Owner as completed. As used herein and throughout the Contract Documents,
the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean
the Division Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five
hundred dollars ($500.00) 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 if Contractor fails to
Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
z
Construction Services Agreement: Revised 072118
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 ail contracts, regardless of whetherthe Contract Time is stipulated in calendardays or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor 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.
C. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations udder 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 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation 18-7457 Eagle Lakes Artificial Turf Conversion.
Exhibit A-1:
Contractor's Did Schedule
Exhibit A-2:
Contractor's Bid Submittal Forms and Addenclums
Exhibit A-3:
Contractor's List of Key Personnel
Exhibit I3-1:
Payment Bond Forms
Exhibit B-2:
Performance Bond Farms
Exhibit D-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
Exhibit E:
Change Order Form
3
Conslrw3lon Services Agreement: Revised 072118
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit K General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 18-7457 Eagle Lakes Artificial Turf Conversion. The complete
contract documents, including Addendum with attachments, are available on the County's on-line
bidding system: https:l/www,bidsync.com/bidsync-cas/, which the parties agree comprise the
final integrated agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
®Exhibit J: Technical Specifications
❑Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by Stantec Consulting Services, Inc.
and identified as follows: Eagle Lakes Park- Artificial Turf Conversion
as shown on Plan Sheets 1 through 13 and pages 1 through 100.
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to
the following:
Collier County Board of County Commissioners, FL
c/o Parks and Recreation Division
15000 Livingston Road
Naples, Florida 34109
Attn: David Berra, Project Manager
Phone: 239-252-4020
Email: David. Berrar�7a colliercountyfl.gov
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:
SCG Fields, LLC
10303 Brecksville Road
Brecksville, Ohio 44141
Attn: Joseph Smith, Chief Operating Officer
Phone: 440-546-1200
Email: estimating@scgfields.com
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section -
4
Construction services Agreement: Revlsed 072118
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. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement,
Section 14. 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.
5
Construction Services Agreement: Revised 072118
Section 15. 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 "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
a�'
6
Constnictlon Services Agreement; Revised 072118
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
FIR'WI T NESS
Print Name
SECOND WI NESS
Print Name
Date: 6CV-r- --gT_ 7e 16
ATTEST:
Crystal K. Kinzei, Clerk of Courts & Comptroller
MiN
Approved as to Form and Legality:
Deputy County Attorney
Print Name
CONTRACTOR:
SCG F1
Bip
B-9 v"a e7101
Print am tie Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
MM
Andy Solis, Esq. Date
Chairman
7
Construction Services Agreement Revised 072118
EXHIBIT A-9: CONTRACTOR'S BID SCHEDULE
FOLLOWING THIS PAGE
Construction Services Agreement• Revised 072118
18-7457
Eagle Lakes Park Artificial Turf Conversion
SPG FIELDS, LLC
1
MOBILIZATION
$
65,618.00
2
EROSION CONTROL
$
3,429.00
3
TEMPORARY SECURITY FENCING
$
5,230.00
4
SITE PREP, EXCAVATION & GRADING
$
31,516.00
5
IRRIGATION/WATER SYSTEM MODIFICATIONS
$
7,152.00
6
DRAINAGE SYSTEM UNDER FIELD
$
74,41.5.00
7
DRAINAGE SYSTEM AROUND FIELD
$
6,399.00
8
CONCRETE CURBING
$
19,921.00
9
ROCK DRAINAGE LAYER & FINISH ROCK LAYER
$
93,458.00
10
IMPACT PAD - FURNISHED AND DELIVERED
$
99,470,00
11
SYNTHETIC TURF - FURNISHED AND DELIVERED
$
203,473.00
12
INFILL MATERIAL - FURNISHED AND DELIVERED
$
34,323.00
13
IMPACT PAD - RECEIVED AND INSTALLED
$
15,435.00
14
SYNTHETIC TURF AND INFILL- RECEIVED AND INSTALLED
$56,595.00
15
MAINTENANCE EQUIPMENT
$
8,71.3.00
OWNER'S ALLOWANCE
PERMIT ALLOWANCE
$ 25,000„00
$ 3,000.00
Base Bid: $ 753,257.00
Alternate t11 Ada FENCING AND GATES INDICATED ON DRAWINGS $ 41,195.00
Total Alternate #1 $ 41,195.00
TOTAL AWARD )BASE BID + ALTERNATE #1j $ 7947452.00
BIDDER SHALL ALSO ATTACH A DETAILED SCHEDULE TO REFLECT COMPLETION THE WORK IN THE TIME
FRAME PROVIDED
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EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
FOLLOWING THIS PAGE)
Construction Services Agreement; Revlsed 072118
.o rr Co�.>wlty
_�_*__
Administaative Services [division
Purchasing
ADDENDUM #1
Memorandum
Page 1 of i
Email: jimflanagan@colllergov.net
Telephone: (239) 252-8946
Date: August 30, 2018
From: Jim Flanagan, Procurement Strategist
To; Interested Parties
Subject: Addendum #1 —18 7457 Eagle Lakes Artificlal Turf Conversion
This addendum has been issued for the following items identifying changes, deletions, or
additions to the original solicitation document and bid schedule for the subject solicitation.
Changes and additions are identified with an underline and deletions have a strike -through.
o Collier County reserves the right to initiate a Direct Material Purchase for this
project as authorized in Paragraph 39 of the Invitation to Bid (ITB) Instructions
Farm — General Instructions to Bidders. If the Owner initiates a Direct Material
Purchase, the awarded Contractor will be responsible for the coordination,
installation, and management of the work.
o Base Bid Specified System is generically understood as Brock Resilient Underlaiyment
pad SP15, Astroturf Rootcone 3D3 Blend IID with 50-50 Silica Sand/SBR Rubber
infill, with an Add -Alternate #2 adding Zeot5ll brand Zeolite surface layer infill
additive.
o Pre-bid Meeting Minutes and Sign -in sheets are attached
o The successful bidder will be requested to expedite the processing of the
Construction Services Agreement, insurance certificate, and Performance and
Payment Bonds shortly after the Bid Opening. Reference BidSync for The
Construction Set -vices Agreement template, and the Solicitation Document for the
insurance requirements and performance and payment bond forms.
Please acknowledge receipt of this Addendum with your bid proposal.
Signature
SCG Fields, LLC
Bidder
If you require additional informallon, please post a question on the Online Bidding she or contact me using the above contact
Infonnatlon.
IVX
Coer County
AdminlstmtNe Services Division
Purealusing
ADDENDUM ##2
Memorandum
Page 1 of 2
Email- jimnanagan@oolllergov.net
Telephone: (239) 252-8946
Date: September 7, 2018
From: Jim Flanagan, Procurement Strategist
To: Interested Parties
Subject: Addendum #2 —18-7457 Eagle lakes Artificial Turf Conversion
This addendum has been issued for the following items identifying changes, deletions, or additions to
the original solicitation document and bid schedule for the subject solicitation. Changes and additions
are identified with an underline and deletions have a strike -through.
o Collier County reserves the right to initiate a Direct Material Purchase for this project as authorized in
Paragraph 39 of the Invitation to Bid (ITB) Instructions Form — General Instructions to Bidders. If the
Owner initiates a Direct Material Purchase, the awarded Contractor, will be responsible for the
coordination, installation, and management of the work.
TO CLARIFY:
If the County elects to initiate a Direct Material I urebase, the purchase of material will include
the turf, the inlaid line material, the fill, the Brock Pad, and the turf grooming machine,
delivered to the jobsite,
■ If the County elects to initiate a Direct Material Purchase, the General Contractor will provide
the AstroFusion, Scam Tape, and receive and install the turf, the inlaid markings material, the
fill and the Brock pad, and any other miscellaneous material and equipment required for
installation,
• If the County elects to initiate a Direct Material Purchase, it will award the bid and establish
the contract award value by deleting the values of line items 10, 11,12 and 15 as indicated on
the Did Schedule, and issuing a separate purchase order to the manufacturer for the materials.
• The County may elect NOT to initiate a Direct Material Purchase
o Base Bid Specified System is generically understood as Brock Resilient UnderIayment pad SP15,
Astroturf Rootzone 31b3 Blend HD with 50-50 Silica Sand/SBR Rubber infill, with an Add -Alternate #2
adding Zeotill brand Zeolite surface layer infill additive.
o REMINDER: The successful bidder will be requested to expedite the processing of the Construction
Services Agreement, insurance certificate, and Performance and Payment Bonds shortly after the Bid
Opening. Reference BidSync for The Construction Services Agreement template, and the Solicitation
Document for the insurance requirements and performance and payment bond forms.
o Utilities are marked on the site, The contractors may visit the site if they wish to view all marked irrigation
lines and utilities on the perimeter of the soccer field.
Gro
Page 2 of 2
o Please upload all bid documents with your bid as outlined in Form 13 — Bidders Checklist.
The following on-line standard documents have been reviewed in BidSync:
I. Construction bid instructions form
2. Construction services agreement
3. Purchase order terms and conditions
All of the following bid forms have been completed and signed;
I. Bid Form (Form 1)
2. Contractors Key Personnel (Form 2)
3. Material Manufacturers (Form 3)
4, list of Major Subcontractors (Form 4)
5. Statement of ) xperience (Form 5)
6. Trench Safety Act (Form 6)
T Bid Bond Form (Farm 7)
8, Insurance and Bonding Requirements (Form S)
9. Conflict of Interest Affidavit (Farm 9)
10. Vendor Declaration Statement (Form 10)
H. Immigration Law Affidavit Certi fication (Form I I)
12, Vendor Substitute W-9 (Form 12)
13, Bidders Checklist (Form 13 — this form)
14. Business tax Receipt (Collier County Businesses Only)
o Copies of required information have been attached
I. Company's E -Verify profile page or memorandum of understanding
2. Certificate of Authority to Conduct Business in State of Florida
3. Any required professional licenses — val"td and current
(ie; General Contractors license, Underground Utility and Excavation, Builders,
requested and/or required.)
Trade Contractors, etc., as applicable,
o Additional requirements
1. Authorized installer ofartifieial turf— provide certiricate of authorization from manufacturer
2. Experienced Synthetic TurrInstaller— provide history orcompleted synthetic turl'products including pr ject name,
owner, date of completion, type or field, field size, number of fields, manufacturer of turf product, turf system used —
fabric, till, system, cost per Field, total project cost, Owner contact name, Owner, contact number and cmaii address.
(provide above project cost and field details in addition to references on Bid Form 5)
o The amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted.
o Any addenda have been signed and acknowledgement form attached and included,
o rhe Bid will be uploaded in time to be received no later than the specified ongnina date and time, otherwise the Bid
cannot be considered.
Please acknowledge receipt of this Addendum with your bid proposal.
Signature
SCG Fields, LLC
Bidder- If you require additional Information, please post a question on the Online Bidding Me or Cont$Ct ma using the above contact information.
Director, procurement Services Division
FORM I - BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Engle Lnkes Artificial Turf Conversion
BID NO. 19-7457
Full Name of Bidder SCG Fields, LLC
Main Business Address
Place of Business
Telephone No. - 1 ZQQ Fax No. (440) 546-04QO
State Contractor's License # c icas&45d
Statc of Florida Certificate of Authority Document Number, 1,12000146890
Federal Tax Idenli fication Number 40-1432971
DUNS # NIA CCR# NIA Cage Code NIA
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F'LOMDA
(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 form of Agreement and at] 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 furnish all the materials and equipment speciFied or
referred to in the Contract Documents in the manner and time herein prescribed and aceordin6 to the requirements of
the 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 of the Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, attd In the case where further decimal Points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
stn rf.
Jaseplh Smith, Chief Operating Officer
SCG Fields, LLC
D116
FORM 2- CONTRACTOR'S ItEY PERSONNELL ASSIGNED TO THE PROJECT
Eagle Lakes Artificial Turf Conversion
Bid No. 18-7457
Name Pcrsonn-e] Qttcy_nry
Greg Baran Construction Superintendent
Christopher McGill Project Manager
CONTACT iNHORMATION AND RESUMES ATTACHE)
In addition, SCG Fields, LLL' employs 20 Full-time staff members that specialize in synthetic turf playing field construction,
FORM 3 - MATERIAL MANUFACTURE' RS
THIS FORM MUST BE CUM PLETED OR BID SHALL BE DEEMED BION -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 of Florida as long as the price, Fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. if an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this iist.
Complete and sign section A OR B.
Section A (Acceptance ofall 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: SCG Ficldsj LC
Signature; Date; 9112118
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPT ION_MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: SCG Fields LLC -
Signature: Date 911211$
FORM 4 - LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST HE COM PLETED 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 Subcontractors ror the major categories listed
herein are "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 otter. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is Found to be non-compliant with
this requirement either before or atter the issuance of the Award of Contract by Owner, (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shall 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 qual i fled as noted above,
Company:
Signature:
Date: 9112118 _
Major Category of Work
Subcontractor and Address
I .
Synthetic Tuff Manufacturer
Astro7urf Gcrpwallon 2880 Abutment Rd., SE Dolton, GA 30721
2.
Synthetic Tuff Installer
SGG Fields, LLC 10303 Brecksville Rd., Braaksville, OH 44141
3.
irrigation System /Plu mbin
Juniper Landscaping of Florlde, LLC. 212 Price Stfael, Neplas, FL 34112
4,
Maintenance Equipment
SMG Equipment 2002 Weat Valley Hwy #200, Auburn, WA 8$007
5.
Sitework and Excavation
SeG Fields, LLC 10303 Bracksville Rd„ RrsoksAle OH 44141
G.
ldcntify other subcontractors
that represent more than 10%
of price o r that affeot the
critical path of the schedule
Company:
Signature:
Date: 9112118 _
FORM 5- STATEMENT OF EXPERIENCE OF BADDER
The Bidder is required to state below what work of similar magnitude completed within the last
five (5) years is a judge of its experience, skill and business standing and of its ability to conduct
the work as completely and as rapidly as required under the terms of the Agreement.
I.
Ave Maria Football Field Renovation Ave Marla University
(project name) (project owner)
P11
3.
Ave aria, FL 5050 Ave Maria Blvd., Ave Maria, ET, 341.4_Z_ _ —
(project location) (Owner's address)
Installation nl New i0sEph2a,t,ersen fJead Football Cnn,h
(project description) (Owner s contact person) (title)
7!12117 - 9/27/17 $ 638.600..0(_1 (239) 304-7871 r avemaria.edu
(project start/completion dates) (contract value) -(phone) (email)
First Baptist Stadium field R ovtttion First Baptist A(;ademy
(project name) (project owner)
(project location) (Owner's address)
Installatiotlnf New Synthetic Turf Field nilly Saaracio Athletic Director
(project description) (Owner's contact person) (title)
7/22/I7 - 811$117 $ 120.428.00 (239) 597-2233 ext. 622 bsparacio(cr�fbalions.
(project start/completion dates) (contract value) (phone) -- '(email)
___Nm -I Miami Athletic Stadium The My of North Miami, LL
(project name) (project owner)
North MiamL F1, 776 NE 125 Street, North Miami, FL 33161
(project location) (Owner's address)
New Synthetic Turf Ath1.t.Li1f- Field Derri.ek C'nrker - _ Rec Director
(project description) (Owner's contact person) (title)
11120117- 1/13118 $_1,035,201,Q (305) 895-9840.ExL 12601 dcorkerQnorthM1Arn- lgov
(project starticompletion dates) (contract value) (phone) (email)
FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER
.Calyaru Dov School Stadium Field keiiayaUana Coly4ry Day 5chnnl
(project name) (project owner)
Savannah, GA 4625 Waters Ave., Savannah, GA 314p4
(project location) (Owner's address)
Base Construction for New Synthetic Turmeld Chad griffin Athlct.ic Dircctnr
(project description) -- (Owner's contact person) (title)
3126/18 $ 260,5010- (912) 644-5080 carift'in( caLyBt'udayschool.com
(project completion date) (contract value) (phone) (email)
Josh Reddick Held Josh Reddic
(project name) (project owner)
Springfield, GA _ P.O. Box 917, Rincon, GA 31326
(project location) (Owner's address)
New Synthetic Turf Baseball Field J n Landing. Treasurer
(project description) (Owner's contact person) (title)
412511_ $ 339,679.00 (912) 547-0759 r�ddickfoundation gmail,com
(project completion date) (contract value) (phone) (email)
Campine World Stadium _ City of Orlando, FL
(project name) (project owner)
Orlando FL 400 South Orange Ave. Orlando FL 32801
(project location) (Owner's address)
Construction of Synthetic Turf Stadium Field Charles P. Leon Division Manager ---Operations
(project description) -- — (Owner's contact person) (title)
11/18114 $ 4k5,ao0.g0 _ cherlas.leon(gci ynforlando.nel
(project completion date) (contract value) (phone) (email)
Company: SCO
Signature:
Date: 9)12119
FORM G - TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act {90-96, Laws of Florida} effective October I, 1990, The Bidder fuhher identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cos
Measure Measure(OuantItXI Cost
(Descri tp ion)Lf F.SYj
1. Sloping or benching LF Not Applicable $0.00 $0.00
2.
I
4.
5.
TOTAL $ 0.00
Failure to complete the above may result in the Bid being declared non-responsive.
Company: SCG Fields, LLC
Signature:
Date: 9/12/18
G(1111G� 4ry+lrny
kiunf'ISyYia11 tfy
TA!57
FORM 7. 1311`5 fil)`:
I:N{7W rll.l. lk11.N BY 'I'111:w1: I'Itl?til:~ l5. [hut tta. tiC O Fields. LIS., (Ilvrem illicl Called tile• l+rincip:al) ''Ind 1'eltlls)Ivailki
Nlllinntll tviuiunl t'.Ysuail) lnzolroultc C'anlpully. (herein Called the a c(>rpnrtltiurl charlerud Ills;lt`xislillg under the Ina sul'IhL'
tiI;IIC L,I' 1'vnnit lvwI6 R%Wi its 01,111C111.11 ofllecs in Ille wit)' of I larrlshurg And uulb0fized N7 (In M+;;incss in lila SlnYr ul'!'cltrltiy is alliil
ort' h,,'Id anti I)nnllx 1uu111d unlu 011e 1!(11&111 of C'ouniy Con„rtissifinc.rs, C: o)lier C'uunt)'. I'Irrida 1114rcinal'ter callcLl the Ol%im), in the
Illil incl just 511in Of 51�il doil,,ts M�/r) U(xld anal lull' Fill m nncy 15815 Urlilcd Stales ol'AmUl-ICA, L(1 Ili: p,1id up011 dcnlrnd ul' Iha tltt 11" itl
Lliut:h pm-nicnt, Lt'ell linil truly lu be mndc. illc Pri,lciprl and Ihu SYrrcty hired I.II(:ttl;lcivcx, their hcil:ti.and e%4ctnars.admini:nraturs,
untl a4xig11k. jc1i11tIp nn{i sL Ycriilly rrnd liplaly by 11515 prus{'nts.
11'ilcruis. the I"1110pnl Is 41)(+t1t to submil. yr blis suhmilled In the C)Loner. ;I 135(1 rag furoNhing III If111(11, ml,lcrlals, cqulpmetril and
int`i(1en14r1sncctxslry U, lilrnish, hwall,and fullycrillipleta Ilse 1Vurk un the Ilfk•icct kno%vn els l)id No. 114.7,157 i'aglc Lakes Aitilit:ial
TLII-l' Convcl-sic+il.
NOW. I'1 I I�.ldl:lrOR l ", f l the Owner sholl accept the laid n I'the PRINCIPAL. and the I'll INCI PAL shfill cnlar into ilivicquircd Agrccment
5L ilio the Cywwr and within len diiL-s allur ilw dulc o it written Nu0(,e of Alt'urd in amorclancv tvilll the erm., orsuch Isid, anti give Wch
hone) or hands io an umturltl ui' 15]15'1! the ttliul Cwlultcl .Ampuls ati Rpeciliad ili fllc 111ci(ling 00Cllnl(:IltS Of C tlluinlel I](1+ur+lellis triol
I;4Y{:tl ilnd slll IiCICI1S �llYl:ly It1T the lilitlltL! perfurmuni:e (if iflu Agre'clnont and tier the prompt payment tit' labor, mtslcrlul s and xupplit:s
1,111 oi.NlIed in tiro pros4cutiun tharcl'nrc, 11) 1110 cvelit (ll'llie li'111tAgol LhC 111t1NClIlAI, to enter info such Agrecmcnl or to gip c xuell b1% 10 Of
bu ids, and ticlivor Ill {)liner lilc required Ccrilliuutes of inUiance, ifilic PRINCIPAL 911311 pay' t0 the 0111,1011" 1111' ri"cd st1n1 or 5%
notc(i zlbove as liquitlawd tlanlagrs, land nol a#upcmlllyr,, asprovidcd in Illc Bldding Docunlanls, lbotl LhlSohligatiun shall h(: null Mali
nthcrkOw in rcnWit in pull 1hrecand Offect.
iN -i'24TIMONY 'I'Ilercul'. Ilse Nint:lpili and Suraly hurt caused tht:sc pr4scnls to hu duly sl};ncd itnd scaled
Ill% 6th da3' o1-Sepicnlhcr 201 R.
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lll;lcllcd to 1115 41idcling Doculm�nls lvilhirl ten I I I)f cilli ndur d;ly'± an(t tleiil'cr 1115 Surcly liond or Bondi and Insurance C: crlirieutl a L1s
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111m]IAlive Cal itlemcs lend 11(5nd5 rLre' II(1t eYCetIVCd Old dCl1Y0fed tQ ()4VIlCr %vithi11 ill.' 1i111C lih()vc gel IillIli, iii iigilidmcd dalnagvs- fill'
the de'lm. lend m1(Iilltnl:ll C.Npollse to the Owrlt:r. It being rempli%ed )hid. sillec 6114 Is of IhC CSticncc. O1t'Ila &5'111 till)ICI timini n{1t lims
II 1h4 lirtlClcr 1`1115 In CS4CItLe antl tlClleur IH OW11Cr 1110 lTCjLI1f0(1 /1grcCinttlil. inFnrllnCt' t_;tlrllflt'ttlps and 131111+18 LY1111(11 111vrcquircLl umr ptriull. In Iht
r t'col ill such railuru. (he WWI ,llLtuulLt ul'I'l+vncr's danllty4 . trill I)c difllculL, il`nol unptlw;i111e, t(1
d('luulcl\ n+eCftalll attkl gmlr1I(il it is li mhy' u�reed 01111 i+ Is nppropriow and fair Ulu!,Uwncr receive Ilquidilt•(i dilnur�,es front lilt'
Succe:cstul Bidder In 1115 even( it I'ails to 9XIMIk- 11nd deliver the Agreement. Ins ur, - C C11111Calcs, and !lo-nds ns required
heti Lntder• •I hu Successful Riddcr hereby' exprevrl)- wldv" and relinquish" tiny riglit which it lnav huve Lcp sc-k to cilar;IULari2%: tht;
Llllbve nL1tCd li(luidrlted dull)A S 0. n pemilty, which the priti A agrcc roprescnls a fair and reaw(,nnblc cslimAtc ar ownce-4 IicLuvi
(itirnage, ill the time of bidding 1r 1ht: inuvaisful bidder 1s111xt(1 &`x001110 ilnd dClll'CY' the jlgrCrnll lit, 111SLI (1IVC CCI'lirIVI acs. And
liuhda in t1 timely nlannt;r.
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PENNSYLVANIA NATIONAL lvlUITAL CASUALTY iNSURANCE COMPANY
ilarrlsim'g, Pcnnsylvailki
I I!11i
110WEA OF ArroRNEV
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SF:++-!!r+.str GOMMONWE6L7H OF PE11N9YlVaNIA .
N6tprial Snai -
7ratct A 1Shnmich, Notary Public ffi�
NnrnnY PUBLIC • �l „ I i-t"rttY ►+f _
❑city Or Werrlsburp, onuphsn County
,KT•=74111 My Commleslon Empires Oct a1, 2020
� ,,,.•,,,,.�r '+loin$)' Public
Mllmbirr, P mmsyfvan{a kssaclatlon of Notaries
I. mm til q-evidd. Vivi: I'rc;idcnl-- Surely ul'Ille I'I:wINSYI.VIINIA NA'i•IONAI, Iv14.f'I'tJA1. CASUALTY INSURANCE ('l)A'IITANY, a
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4wvilled to Iht: said t'ungl:aly, which iti .still ill 1i111 iilrct am cll'wt. ►y /,+ 1„•'•111v4ry
111 �i IIUPtiS 1� 1$CI'4'lll; 115ut'1: hcrruulo,tt m) hxntl :Intl nlllvl:ll illi rurlruruta w:al uI'sald C'nnlp:ut}' ul1__ ( �-��I,' �¢JJ�__ � �+v��tiil��y�•;`'
vice Preslticr uIvi) ......
9
Resnecifully Subnutled:
State of O1110
County of Cuyahoga
Joseph H. Smith being first duly sworn on oath deposes and says
that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and
that this deponent is authorized to make them.
_ Joseph H. Smith. ---I also deposes and says that it has examined and carefully prepared its
Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before
submitting this Bid; that the statements contained herein are tme and con•ect.
(a) Corporation
The Kidder is a corporation organized and existing under the latus or the State of Ohlo , which operates under the legal
name of SCG Fields, LLC , and the full names of its officers are as follows:
President D, Michaele_rm_ar1 _
Secretary jv=
Treasurer
— tttt}acl�itad�F�-viflnglnEntiFudmln�ii�
�#:]�;��� , n••eerfi feel-Dopy-a€=v+hiQh-ishereto-ut teolted-(�tt�i{�e-out-tt���st-ee�teeHee
if stet-applioWait
(b) t:'o-Partnersi iR
The Bidder is a co -partnership consisting of individual partners whose full names are as follows:
The co -partnership does business under the legal name of:
(c) IndiYidial
The Bidder is an individual whose full name is and if operating under a trade name, said
trade name is _
Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page,
DATED — - - H I '� 4 +; - —
Witness
Witness
L:g
BY:
Nattte ofB'ned)
5�cta t�rn��
Signature
Title %11 Z'Qj?
STATE OF CIV�
COUNTY OF
Tile forego'ng Inst ent was acknowlerdLged before the
�j• �+ y `yn�
as 4.+W
this day
of
f -
of _1►'', %2}0
•-- _-ill
hY
5I
,
5ck4 corporation, on behalf or the corporation.H
sic is perso'M
/known to mor has produced
•fi
-
entilicati
t) take an oath.
My Com ' ��lUi s:
a
'.
GEORGE H. PFr FFi1R NAME.:
a)
A1)
Notary Public, State of Ohio
My Commission Expires
(Legibly Prd)
Notary Pub ' State of
(AFFi`
,
November 13, 2022
s�4 ' df a�a
Rdminlstralive Sarvices Deparhrient
Proclimment Svrviws UM61011
FORM 9- CUNFUCTOF INTEREST AFFMAYiT
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 three categories below:
Biased ground rules —'The firm has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of worst, 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 I past performance of itself or a competitor, which calls into question the contr'actor'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 current or future solicitations and contracts.
in addition to this signed nl'lidavit, the contractor 1 vendor must provide the fallowing:
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 runt 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/oragen(s) certifies, and hereby discloses, that, to the best ortheir knowledge
and belief, all relevant facts concerning past, present, or currently planned interest ar aotivity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
Firm: SCG Fields. LLC
Signature and Dale:
Print Name: .loseph 5dith _
Title of Signatory: __rhjCLQP.LLW
'Ll, County
AdministraWa Ssraxs Department
Procurement Servicer tAwsko
FORM 10 - VCry(?OR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made withotit 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 Vendnr 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 nut be eligible to compete, submit a
proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of�, 20_ in the County of
_, in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
identification Number
*CCR i'! or CAGE Code
*Only if Grant Funded
Telephone:
Signature by:
(Typed and written)
Title:
SCG Fields LLC
10303 Brecksville Road
Brecksville 01-144141
L120QO146890
(440) 54& 1200
Chief Operating Officer
Additional Contact Information
Send payments to:
Same as above
(required if different from
Company name used as payee
above)
Contact name:
Steven Hines
Title:
Assistant Controller
Address:
10303 Brecksville Road
City, State, ZIP
Brecksville, OH 44141
Telephone:
(440) 546-1200
Email:
shinesasojerlelds.corn
Office servicing Collier
County to place orders
(required if different from
above)
Contact mama:
Sane as above
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for this
George Pfeffer, EVP Estimating
Solicitation:
Email:
estimating ct seglields.cnm
Phone: (440)546-1200
Got ier C-Ourxty
Administrotivo Sorvioes Doppit+nonl
Prvnureimmpl Uvee Gcosir,
FORM I I - IhIMIQRATION AfIr1DAVl7' CER'f'if-'ICATt4.-t
This Af ssdavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation
submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, al
the time of the submission of the Vendor's proposal. Acceptable evidence consists ofa copy of the properly completed E -Verify
Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding forthe company. Failure to include
this Affitlovit and acc2plabil evidence of enroll eat in the E-Verifysra rant rpay deem the Vendor's osal as nam
resporlsl_v_e,
Collier County will not intentionally award County contract; to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act ("INA"),
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Sectlon 274A (e) of the INA. Such
Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to
provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Name SCG Fields, LI.
print Name .lose h Smith Title Chief D ep rating.offlogi_
SignatureII__ Date 9112/18
State ofy1.LV
County of
The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of'this
affidavit to interrogatories hereinafter made.
Commission No.: ZOLI " KC6bQ-1L ��� f l
_ Y.p�t
I//- GEORGE#PFEFFER
* * Notary Public, State of 0410
My Canimisslon Expires
November 13, 2022
E -Ve r 1 fy----- * -,
Company 10 Number: 003002
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOP, EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
7 he parties to this agreement are the Department of Homeland Security (DHS) and the
Sports Contracting Group (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E -Verify.
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 for the E -Verify program is found in Title IV. Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (11RIRA), Pub. L. 104-206, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verificat#on" 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,
F1-�ii L+3>��l[II
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 -Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and D14S whenever the
representatives' contact Information changes.
3. The Employer egress to grant E -Verify access only to current employees who heed E -Verify access.
Employers must promptly terminate an employee's E -Verify access if the employer is separated from
the company or no longer needs access to E -Verify.
Page 4 of 17 E -Verily MDU for Empipyefs I Revision Dale 06/01113
r''_,
Compat%y to plumber; 903002
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 F -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 B 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 F -Verify at
885-464-4218.
b, If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.B. 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 1-5,
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.
B. The Employer agrees that, although it participates in F -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 INP.: (1) List 13
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)(A) 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
Page 2 of 17 E -Verify MOU for Fmployera I Revision Date 0[3/01113
G
C.�
Company ID Numborr 903002
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify 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. IDHS reserves the right to conduct Form 1-8 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 f=orm 1-9 have been
completed), and to complete as many steps of the E -Verify 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 E=mployer 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 mired before the effective date of this MOU, Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.113 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 case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III,S. 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 worm 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 phata
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
Page 3 of 17 E -Verify MOU for Employers I Revision Date 06141113
Ur
Company ID Number; 903002
(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 f=ederal
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 hotline).
14. The Employer agrees to comply with Title VI I of the Civil Rights Act of 1964 and section 2746 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 employmunt practices provisions in section 274H 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 274E 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 (TOD),
15. The Employer agrees that it will use the information it 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 DIGS for legitimate purposes.
16. The Employer agrees to notify IHS 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-VerifyCaDdhs.g-ov. 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 (S U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U_5_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
Page 4 of 17 E-Veriry MOU for Employers I Ravision Dale Onloilm
Company ID Number, 903002
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 -Verify, 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 MOLL 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 OHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E -Verify trademarks and logos may be used only under license by
DHSIUSCIS (see M-795 (Web)) and, other than pursuant to the specific 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.
E. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment
verification terms 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 If 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 "employes 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 these 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 gd 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-Vcrlfy MOU fnr Employers I ReOsfon Dale 96101/13
CoMparsy ID Number: 903002
b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more a1 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 contraot, within
three business days after the date of hire. It 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 dale 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(x)),
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, andlor 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;
I, That Form 1-9 is complete (including the SSN) and complies with Article H.A.6,
ii. The employee's work authorization has not expired, and
iii. 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 I-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 a new 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.S,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
Ili. 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
Page 6 of I7 E -Verify MOU for Employers I Revision Dole 46!01113
Company ID Number: UU=2
Article II.C,S, 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 MDU 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 if 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 $$A
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the Information In $$A'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).
1 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
nonconflrmation 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
nonconfirmation to the employer,
Note: If an Employer experiences technical problems, or has a policy question, the employer should
rontact E -Verify at 1-888-4644218.
D. RESPONSIBILITIES OF CHS
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
Page 7 cf 17 E -Verify MOU for Employers I Revision Dale 00/01113
E-Verify.......*,
,
Company !❑ Numbor: 903002
b- Photo verification checks (when available) on employees.
2, OHS 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 DMS 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. DMS agrees to train Employers on all important changes made to E -Verify through the use of
mandatory refresher tutoriats 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 Employer's participation in
E -Verify. DFIS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (DSS), Cavil Rights Division,
U,S, Department of Justice.
6_ DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and
password that permits them to log in to E-Varify,
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 nonconfirmation of the employees' employment
eligibility within 14 f=ederal 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 t]HS
A. REFERRAL TO SSA
1, If the Employer receives a tentative nonconfirmation 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
Page 8 of 17 E -Verify MMU for Employers I Revision Paso OUICII13
E—Verify.......
Company ID Number: 903002
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 nonconfirmation. 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.
d. 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.
B. The Employer agrees not t❑ ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSM from the SSA.
B. REFERRAL_ TO DWS
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 a}low 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.
Z 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. 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 QHS, the Employer will Instruct the
Page 9 or 17 E•Verify MOU for Employers I ReviWon nate 06/01013
U
E-Verify-___* ��
Company 10 Number: 903002
employee to contact DHS through Its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
6. 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
nonconfirmatians, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the E=mployer will send a copy of the employee's Form 1-554, 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 mail (furnished and paid for by the employer).
7_ The Employer understands that if it cannot determine whether there is a photo matchlmismatch, 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 DMS operates the E -Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all F -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 1D of 17 E -Verify MOU for Employers I Revision Dale 06101!13
C3�
'4. L •' •,, ill � ; i
Company 117 Number: 903002
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 IHS 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
MDU 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, it the Employer
is terminated from E -Verify.
ARTICLE VI
PARTIES
A. Some or all SBA and DH$ responsibilities under this MDU 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 in6recby, whether by operation of law, change of control or
merger, all or any part of its rights or obilgations 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 wherefrorn, 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 -Verify MOU for Employers I Recision pate tl IMI13
�`•,�� e�� Ire
Company ID Number. 903002
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 QHS 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 1.8138.464-4218.
Page 12 of 17 E -Verify MOU for Employers I Revision Date -0001113
E -Ve r i fy--- * a.IO
Company It] Number: 903002
Approved by:
rEmployer
Sports Contracting Group
Name (Please Type or Print)
Title
Janet Markowski
Signature
Cate
Elecimnically Signed
0811912015
Department of Homeland Security — Vertflcation Division
Name (Please Type or Print)
Title
USCIS Verification Oivlsion
Signature
Date
Electronically Signed
08119/2015
Paps 13 of 17 E•Verify MOU for Employers I Revision D81e4 00!01113
r
9
Company ID Number: 9430()2
Information Required for the ERVerify Program
Information relating to your Company;
bmpony Name
Sports Contracting Group
Company Facility Address
10303 Brecksville Road
Brecksville, OH 44141
Company Alternate Address
County or Parish
CUYAHOGA
461432971
Employer Identification Number
North American Industry
Classification Systems Code
238
Parent Company
Number of Employees
Number of Sites Verified for
20 to 99
1
Page. 14 of 17 E -Verify MDU for Employers I Revision Date 06101113
Company ID Number; 00,1002
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
OHIO 1 site(s)
Page 15 oC 17 F-Vertly MOU for Empioyers i Reunion Dale 08101113
Company ID Number: 903042
Information relating to the program Administrator(s) for your Company on policy questions or
operational problems;
Name 3arlel Moon
Phone Number (440) 397 - 4942
Fax Number (440) 548 - 0409
Email Address jwixson@scpfields.com
Mage 16 of 17 E•Venfy MM jar Employers I Revision bale 06/01113
Company ID Number: 9U3002
Page Intentionally left blank
Naga 17 of 17 E -Verify MOU for Employers I Revision Date 06101113
CO[ ," County
nanmKtmfm So mac Dgzwh eat
you ,m nl sm ac Canon
FORM 12 - VENDOR SUBSTITUTE W —9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information
for tax reporting purposes from individuals and companieswho do business with the County (including social security numbers
if used by the individual or company for tax reporting purposes). Florida Statute 114.071(5) requires that the county
notify you in writing of the reason fol' collecting this information, which will be used for no other purpose than herein stated,
Please complete all information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax rel urn)
Business Name ffdiffereurf+•om tarpc{yer name)
Address— 10303 Brecksville Road _ City Rreeksymile
state Ohio Zip 44141
Telephone (440) 546-1200 lamall eclimating6zgcq3ficlds.cam
Order Information (Must be filled out) Remit / Payment Information (Must be filled nut)
Address 10303 Brecksville Road Address 10303 Breckwv'lle Read
City Brecksvil le State Ohio Zip 44141 City Brecksville State Ohio Zip 44141
Email _ estimatinstfir scaficlds.com i Email estimating a seltlields.eom
2. Company Status (check only+ orae)
Individual ( Sole Proprietor
Corporation
Partnership
Tax Exempt (Federal Income tar. -exempt entity
x Limited Livability Company
under internal Revenue Service guidelines IRC
2 1 Enter the tax classification
501 (c) 3)
(D = Disregarded Entity, C - Corporatlon. P - Partnership)
3. Taxpayer Identification Number (for tax r•eporfIngpurposes only)
Federal Tax ldentification Number (TIN) _
not have a TIN, will be required to provide a social security number prior to an award
4. Sign and Date Form,. Certifientlow
(lrTder Penalties o er trr � 1 cerci ,dant th rrnatlon shown on dais orm is col'rect ro rrr knotvled e
Signature
Joseph Smith l -T9/12118
Date
Title
Chiefopecatijap-Q 19
Phone Number
(44)1540- t 200
FORM 13 - BIDDERS CHECKLIST
I} IPORTAN7: Plense read eareruity, sign in the spaces Indicated and return with your Bid, Bidder -should
ciscck off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The laid prices offered have been reviewed.
3. The price extensions~ and totals have been checked.
4. Hid Sclleduie has been co:ttpleted and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6, Any delivery information required is included.
7, The following on-line standard documents have been reviewed in Bidsync;
1. Construction bid instructions fornt
2. Construction services agreement
3. Purchase order terms and condition-,;
6. All of the following bid forms have been completed and signed:
1.
Bid Form (Foran 1)
10. Vendor Declarntion Slatement (Fomti 10)
2,
Contractors Key Personnel (Form 2)
11. lnunigration Law Affidavit C:ertifiea ion
3.
Material Manufacturers (Form 3)
(Form 11)
4.
List of Major Subcontractors (17orm 4)
12. Vendor Substitute W-9 (Farm 12)
5.
Stalemenl of Experience (Form 5)
13. Bidders Checklist (Form 13 - this form)
G.
Trench Safety Act (Form G)
14. Business tax Receipt (Collier County
7.
Bid Bond Form (Form 7)
Businesses Only)
8.
Insurance and 13onding Requirements (l=oan 8)
15. Signed Grants Provisions Package (if
9.
Conflict of Interest Affidavit (Form 9)
applicable
9. Copies of required infortnmion have been attached
I. Company's B -Verify profile page or memorandum of understanding
2, Certificate of Authority to Conduct Business in State afFlorida
3. Any required professional licenses- valid and current
(ie: General Contractors liot:nse, Underground Utility and Excavation, Builders,
'rrade Conlractorti, etc., as applicable, requested andlor required.)
10. Addilionfll requirements
1. Authorised installer of artificial turf- provide certificate of authorization from manufacturer
2. Experienced Synthetic Twf Installer - provide history of completed synthetic turf products
including project name, owner, date of completion, type of field, field size, number of fields,
manufacturer of turf product, turf system used - fabric, fill, system, cost per field, total project
cost, Owner Contact name, Owner, contact number and email address.
(provide above project cost and field details in addition to references on Bid conn S)
11. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's cheek 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 and lid, otherwise
the Bid cannot be considered.
ac.rj F, DNX, 14-�
Bidder Nas}t�-
GN�ILY
Title Date cr. i it m i±c
State of Florida
Department of State
I certify from the records of this office that SCG FIELDS, LLC is a limited
liability company organized under the laws of the State of Florida, filed on
November 21, 2012.
The document number of this limited liability company is L12000146890.
T further certify that said limited liability company has paid all fees due this
office through December 31, 2018, that its most recent annual report was filed
on February 14, 2018, and that its status is active.
Given trader nay hared and the
Cleat Seal of the State of Flarirla
at Tallahassee, the Capital, this
the Tivertty-sevewit flay afApril,
2018
41x�- -
ja
Secretary Of `State
Number- CU1746377705
To authenticate this certificAte,visit the following site,enter this number, and then
follow the instructions displayed.
hUps. Hservices.su nbix.orglFilingslCertit3cateoFStmuslCertilicateAuthen tic stIon
y k RICK SCOTT, GOVERNOR
f. r
STATE
DEPARTMENT OF BUSINESS
CONSTRUCTION IN[
THE GENERAL CONTRACTC
PROVISIONS OF CHAP
PFEFFER, G
SPORTS CON
17805 SAl'
;. TAMPA
LICENSE N
EXPIRATION
Always verify licenses c
Do not alter tl
'r{
�'14tf_
This is your license. It is unlawful for an
Detail by Entity Name
wi��F1�1Tlklliif:7d6if."i�R'�
Ds2w1awL 61 SlB;A I Qlylwo ar ", e4 u I Owsh RCC01'd10elpil Vy QRyimef11 NL1f ibw i
Detail by Entity Name
Florida Limited Liability Company
SCG FIELDS, LLC
Filing Information
Document Number
L12000146890
FEIIEIN Number
46-1432971
Date Filed
11121/2012
State
FL
Status
ACTIVE
Last Event
LC NAME CHANGE
Event Date Filed
05/0412015
Event Effective Date NONE
Principal Address
12641 WORLD PLAZA LANE
FT. MYERS. FL 33907
Changed: 0512212018
Mailing
10303 Brecksville Rd.
Brecksville, CH 44141
Changed 01118/2015
ltealstered Aoent Name & Address
Sherman, D. Michael
8509 Willow Park Dr.
Suite 201
Naples, FL 34109-8015
Name Changed: 01116/2015
Address Changed: 01 11 612 0 1 5
Authorized 106rso"(sl I]etai
Name & Address
Title EXEC. VICE PRESIDENT CONSTRUCTION! OPERATIONS
FRANKS, CHRISTOPHER
12641 WORLD PLAZA LANE
FT. MYERS, FL 33907
Page 1 oft
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http://scarch.suiibiz.oi-g/inquiiy/CorporationSeat•chlSearchResultDetaiI?inquii-ytype=Entity... 9/1412018
Detail by Entity Name
Title CFO
Smith, Joseph H
10303 Brecksville Rd.
Brecksville, off 44141
Annualftehort5
Report Year
riled bate
2016
03/1612016
2017
02/2212017
2018
02/1412018
document Images
Page 2 of 2
0211412010. -.ANNUAL
$C±=
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ANNUAL REPORT
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pvwm eel by sportgroup
Tile first nnrne In tu+f low—and ntf that's iv nund if.
North Collier Eagle Lakes
Artificial Turf Conversion
To Whom it may concern:
September 11, 2018
AstroTurf Corporation is submitting this letter as confirmation it only subcontracts
out installation work to AstroTurM Certified installers. Therefore, the installation of
the above referenced project field shall be performed in strict accordance with
AstroTurf's written instructions, and in accordance with all approved shop
drawings.
The following is a list of AstroTurf Certified installers:
AstroTurf Corporation TPK
2680 Abutment Road 4091 Circle Drlve
Dalton GA 30721 Allison Park PA 15101
Contact Information; Thomas Green Contact: Tim Keene
tgreen@astroturf.com tim aotpkinc.com
IIiIOPII+MMI.1:
SCG
10303 Brecksville Road
Brecksville OM 44141
Contact Information: Chris Franks
440545-1200
Mid America Golf
1621 5E Summit Street
Lee's Summit, MO 64081
Contact Information: Jeff Porter
ivorter@mid-americagolf.com
Should you require any further information, please do not hesitate to contact
me, We certainly do look forward to working with you.
Sincerely,
Zack Riddleberger
Project Administrator
zriddlebergerOa astroturf.com
(336) 238-9060
Rekortan'
� 2680 Abutment Road, t]alton, GIA 30721
�W IIPf IxM, fr�ildrit all
n.i,wi�l. MXKM i 1 k4%c.'�.w PMV%Q Tf. (1300) 723 -TURF (8873) helpC�astroturf.cvni
j1nN/eref�isy S 4rtgroup
xnatall
Clan
Product
Facility Name
City
State
Year
8iae
Type
contact
Phone
Coral Springs, City of
Community
DT 32
Mulllns Park
Coral Springs
FL
2018
74,980
Foolball f
Rlck Engle
954,344.1101
Pr(8c,r,ICn3i' §AB4,4DD
Soccer
Suwannee County
Community
Rhino SF HR
Little League Field 2
Live Oak
FL
2018
18,635
Baseball
Suwannee County
Community
Rhino SF HR
Little League Field 1
Live Oak
FL
2018
t8,035
Baseball
Ave Maria Unlverally
NAIA
Rhino Blend (Q)
Multipurpose Field
Ave Marla
FL
2017
87,400
Football !
Chris McGill
Lacrosse!
pr0lrarCoal. $1Sz1,567
Soccer
Bishop Moore Calhollc High
High School
Rhino Bland (Q)
Baseball Infield
Orlando
FL
2017
29.600
Baseball
Medley Sports
352.459.4436
30001 PrormlCortbi37'05C
I
Construction
Boone High School
Hlgh School
RootZone 3D3
Stadium Field
Orlando
FL
2D17
79,329
Football 1
Kevin Demer
407.893.7215
Blend (3W)
Lacrosse)
Pfljm"l Coal. 5833,0141
Soccer
Cypress Park-Coral
Community
Rhino SF (XPE)
Coral Springs
FL
2017
211,560
Soccer
Rick Engle
954.345.2110
Springs
First Baptist Academy
High School
ReolZone 303
Stadium Field
Naplaa
FL
2017
77,327
Foolball 1
f310y $paraclo
239.587.2233
PrpieciCnr r Sd23,0n7
Blend HD (3133
Soccer
EkL 662
1,E')
Key Biscayne, Village of
Community
RoolZone 3D3
Field 2
Key Biscayne
FL
2017
46,480
Soccer
Todd
Prolan Cost 1;466-'N$
Blend HD (3D3
Holferberth
1.6")
Key Biscayne, Village of
Community
RootZone 3D3
Field t
Key Biscayna
FL
2017
65,844
Soccer
Todd
prolnrl Carl: St3D:S,I14•l
Blend HD (SW
Hoiferberih
1.5" )
AslroTurf Corporation 2680Abutment Rd, Dalton, GA 30721(BOO) 723 -TURF help@astroturizurn V@AsIroTurfU5A
ML6 Training Center -
Professional
Diamond Series
Baseball Training
Miami
FL
2017
25,000
Baseball
Delfos Cara
829.762.5111
Econca Group
Center
The Benjamin School
High School
OT 32
Stadium Field
Palm Beach
FL
2017
Football I
Benjamin
561,472.5998
Gardens
194.129
Lacrosse
School
Soccer
USSSA Space Coast
Private
Diamond Series
15 Fields
Melbourne
FL
2017
1,400,000
Baseball l
Wandl
wendt,brockwe
Complex
1 Rhino Blend
Softball
Brockwell
agosssa.com
(Q)
Ballpark of Palm Beaches
Professional
AstroGrass
Batting Tunnel
West Palm
FL
2016
17,690
Baseball
Beach
Ballpark of Palm Beaches
Professional
Rhino Blend (0)
A91ros Agility Field &
West Palm
FL
2018
34,280
Baseball
Batting Tunnels
Beach
Ballpark of Palm Beachos
Professional
Rhino Blend (Q)
Nationals Agility Field
West Palm
FL
2018
27,000
Baseball
Beach
Central Florida, University
DivIslon I
Rhino SF (XPE)
Intramural Fields
Crlando
FG
2016
223,000
Intrarrlurala
Shane Ladd
of
Ed Radice Sports
Community
Rhino SF (XPE)
Tampa
FL
2018
76,200
Soccer
Chris
813.744.5394
Complex Field #3
PosllgRone
Julinglon Creek Plantalion
Community
Rhino SF (XPE)
Fruit Cove
FL
2016
124,800
Football 1
Phyllis Thorpe
844.689,0787
Park
Lacrosse !
Soccer
Pittsburgh Pirates • Plrale,
Professional
019morld Series
Baseball Infield
Bradenton
FL
2418
15,045
Baseball
City
AstroTurl Cotporalion 2680 Abutment Rd, Dalton. GA 30721 (800) 723-T URF help@astroturl.com Wed WaTurfUSA
0 1111111W.,
��{�
Sarasota, CIty of
Community
Rhino SF (XPE)
Robort L. Taylor Sports
Sarasota
FL
2016
93,800
Football !
Field
LaCrosse 1
Soccer
Altamonte Springs, Clly of
Communhy
Diamond Series
Easimonte Park
Altamonte
FL
2015
200,000
Baseball
Springs
Avant Garde
High School
Rhino Blend (0)
Kissimmee
FL
2015
71,060
Football!
Glenn
678.949.8972
Soccer
Cunningham
Christopher Columbus
High Schaal
Rhino Blend (0)
Baseball Field
Miami
FL
2015
101,QQ0
Baseball
Brother Kevin
305.223.5650
High School
f Rhino SF
Handlbode 1
1
(XPE)
Chris Merrill
786,2$5,2350
Christopher Columbus
High School
Rhino Blend (p)
Miami
FL
2015
83,096
Brother Kevin
305.223.6650
High School
Handlbode I
!
Chris Merritt
786.295.2350
Flagler College
Division II
Rhino Blend (q)
St. Augustine
FL
2016
32,671
Baseball
David Barnett
904.669.0674
1 Rhino SF
(XPE)
Hillaporaugh Ed Radice
Community
Rhine SF (XPE)
Tampa
FL
2015
73,000
Soccer
Chris
813,744,5394
Sports Complex
Po611gllone
Lake Howell High School
High School
Rhino Stand (0)
Winter Park
FL
2015
87,761
Major Academy West
High School
Rhino Bland (0)
Playground
Hialeah
FL
2015
24,240
Soccer
Hector
305.805.3313
Ferri andel
NAS Key Weat -
Military
Rhino M (MT)
globe& Plelds
Key West
FL
2015
05,826
Softball
Christopher
901.674.693$
Multipurpose
Woods
NAS Key West - Softball
Military
Rhino M (MT)
Multipurpose Field
Key West
R(
12015
76,800
Multipurpose
Astroturf Corporation 2660 Abutment Rd, Dalton, GA 30721 (800) 723 -TURF helprgastraturUom t $ (gMslroTurfUSA
AstroTurf Corporation 7680 Abutment Rd, Dalton, GA 30721($00) 723 -TURF help@astroturf.com V C41AstroTMUSA
5-
The Bolles School
High School
Rhino SF (XPE)
Jacksonville
FL
2015
100,868
Matt Morris
904.894.7412
University Christian High
High School
Rhino Blend (0)
Stadium Field
Jacksonville
FL
2015
60,366
Football!
Frank Ciresi
904.737.9330
5011441
Soccer
Weal Florida, UnWershy of
4lvlslcn II
Rhino SF (XPE)
Football ! Soccer
Pbnaecol0
FL
2015
90,360
Football !
❑aY6 Stott
850.474.3003
Staalum
Soccer
AstroTurf Corporation 7680 Abutment Rd, Dalton, GA 30721($00) 723 -TURF help@astroturf.com V C41AstroTMUSA
5-
SCG Fields, LLC
«< 10303 Brecksville Road
"elds Brecksville, Ohio 44141
T 440.546.1200 / F 440.546.0400
aeS10N aui LD f INSTALL www,scgflelds.com
EVIDENCE OF EXPERIENCE WITH FIFA PRO CERTIFICATION PROCESS
In 2014 SCG Fields, LLC — at the time doing business as Sports Contracting Group, LLC — constructed the
playing field surface at Camping World Stadium — at the time named Florida Citrus Bowl — and
participated in the process of certifying the field as a FIFA 2 -Star system. Please refer to the attached
news release concerning the project's qualifications.
View Citrus Bowl Listing at FIFA.COM
Py
ORLANDO
n:l t3DC'
✓�r .r. r -r, Y,., ....;,. ,. ,r lei:.. d TRU
.S HOWL
DREAM •BUILD •SUCCEED
IT
Contact Anthony DiCicco FOR IMMEDIATE RELEASE
Telephone 860.881.7731 March 7, 2015
Email adicicco@astroturf.com
Orlando Citrus Bowl Receives FIFA 2 -Star Certification
Orlando, FL, March 7, 2015— A new chapter is will begin for professional soccer in Florida on Sunday. Orlando
City Soccer Club will host fellow Major League Soccer expansion franchise New York City FC at the Orlando
Citrus Bowl. The Orlando Citrus Bowl underwent extensive renovations in 2014, including demolition of 90% of
the stadium. It now features enhanced fan
experiences, state-of-the-art amenities, and a
brand new, world class AstroTurf field. The field
has now received certification from FIFA, the
international governing body of soccer, as a
2 -Star Recommended Field, the highest
classification available and one of fewer than a
dozen such fields in the United States.
The field, designed by Patrick Maguire, President
of Activitas and one of the leading field designers
in the country, tackled the unique challenges
presented by the various programming
scheduled throughout the year at the venue:
"As a former collegiate soccer player, I understand how important the interaction between
the ball and the playing surface is for top level players." Explained Maguire, "We know we
can meet their expectations of a safe, consistent surface with minimal infill splash, but the
real challenge is balancing these expectations with the need to host a wide range of events
such as major college bowl games, concerts or Monster Jam, which involves importing 300
tons of dirt onto the surface. Having utilized the AstroTurf 3D 60 ounce XPE product for the
prior Citrus Bowl renovation we were confident that we could achieve the performance
levels required for FIFA 2 -Star certification but also meet the long term durability needs of a
heavily programmed multi-purpose facility and the aesthetic requirements of a first class
sporting venue."
The premium AstroTurf synthetic turf system at the Citrus Bowl features RootZonell technology, a thatched
layer of texturized nylon which holds the sand and rubber infill in place to radically reduce Will migration,
splash, and deep -cleat penetration. The result Is clean, consistent playing surface that garners high marks for
player performance, ball roll, safety, durability and aesthetics, The Tencate XPF slit -film fiber has a proven
track record and has been installed on more than 3500 fields globally. The combination of those two fibers
means that the fleld at the Orlando Citrus Bowl Is the most highly engineered synthetic system in Major
League Soccer. The field was expertly built and installed by Sports Contracting Group (SCG).
Orlando City Soccer Club will be the primary tenant during the 2015 season having previously played at the
venue from 2011 to 2013 before the renovations began. The work by Orlando Venues throughout the process
to ensure that the venue that originally opened in 1937 could serve both Orlando City Soccer Club during their
inaugural season while allowing the Orlando Citrus Bowl to bring a wide variety of events to the iconic venue.
"in planning the reconstruction of the Orlando Citrus Bowl, we worked closely with our
partners from the outset. We knew the quality of the turf was a vital component," said
Orlando venues Executive Director Allen Johnson. "This enhanced feature makes the
stadium a more desirable Venue which will, In turn, help us attract more high-proflie events
and hove a greater economic Impact within the Central rlorlda community."
Every synthetic field is custom built. Soccer's continued growth in the US has increased the expectations by the
soccer community to deliver better performing fields that reduce many of the issues encountered by earlier
iterations of long -pile, infilled turf fields. The soccer community expects not to see black rubber flyout,
inconsistent turf bounces and the field having a negative impact on play. Anthony DiCIcco, AstroTurf's Director
of Soccer empathizes:
"Orlando Venues, Activitos and Orlando City Soccer Club have been fantastic to work with
on this project from day one because everyone's agenda was to provide the best possible
surface for the players to do what they do, create special moments and captivate fans.
AstroTurf's priority is building fields that achieve a ployahility that most closely resembles
grass. We are now at the point where owners and stakeholders, like Allen Johnson and his
team, have to choose to make that a priority. The FIFA 2 -Star certification verifies what we
already knew, everything about the new Orlando Citrus Bowl is topnotch."
Page 12
From FIFA,com, an explanation of the FIFA Quality program for Turf:
The FIFA Quality Program is offering an internationally recognized and dependable Industry standard for
quality and reliability In the areas where It matters to football players most: the equipment, surface,
technology and services used for their game.
The goal of the program is to improve the game and to protect the players, clubs and associations by endorsing
products which comply with the highest safety and quality standards. The research that the quality program is
built on includes in-depth studies, surveys and analyses of players' needs and encompasses various aspects of
safety, performance, durability, quality assurance and playing comfort. These studies have been carried out in
collaboration with an outstanding research network consisting of universities, test institutes, sports
organizations, standard institutes and independent consultants from all over the world.
If a product is tested and the test results are compliant with all of the standards, the product can be certified
by FIFA and will be awarded one of the FIFA QUALITY labels. The different quality categories have been
tailored according to the needs of the players. For more information visit httPI/guality.fifa.com.
About Orlando Venues
Since 1989, Orlando Venues has served as Central Florida's epicenter of sports and live entertainment. Orlando
Venues includes the Amway Center, Bob Carr Performing Arts Centre, Florida Citrus Bowl, Tinker Field, Harry P.
Leu Gardens and Mennello Museum of American Art. Orlando Venues' mission is to present the Central Florida
community with an extensive collection of live sports and entertainment and deliver a standard which results
in the ultimate experience for our visitors. For more Information about the Orlando Citrus Bowl please visit
www,ortandocitrusbowl.com.
About Activltas
Activltas is a multi -disciplinary firm specializing in the planning and design of premier athletic facilities. Based
in the greater Boston area, Activitas serves municipalities, private educational institutions and professional
sports franchises across the United States and Canada. To learn more please visit www.activitas.com.
About Sports Contracting Group (SCG)
With more than 50 years of history in the construction business and more than 20 years of expertise in design,
SCG expertly builds and installs high-performance sports fields. Professional, military, collegiate and high
school teams across the country contract SCG to contribute to the history of their legendary programs, Each
experienced our unparalleled level of precision and performance as we built their first class, elite fields. Please
visit our website at www.scsfields.com.
About AstroTurf
For athletes and sport enthusiasts, AstroTurf has redefined the way the game is played. The company offers
advanced, state-of-the-art, multi -sport and specialized synthetic turf systems with proprietary engineered
technologies, leveraging the industry's first vertically integrated manufacturing system. A growing number of
high schools, colleges, professional sports teams and municipalities continue to select AstroTurf-branded
products for their premium quality, technical superiority, and safety. To learn more, visit www,astroturf.com.
Page 13
ft.M1�.� Ali
i (LI (i .,) 1i
D E S 1 C! N 6 I l I l I] , I N S ., A L I.
SCG Synthetic Turf Project References- Last 3 Years
Project:
1509 -Northwestern University -Lakeside Field Hockey, IL
Description:
Field Hockey Turf Replacement
Work Performed:
Field base reconstruction and synthetic turf installation
Synthetic Turf Manufacturer;
AstroTurf
Synthetic Turf System:
Al2 System 90
Contract Value:
$1,423,000.00
Date of Completion:
5/2015
4/6 Of Work by Own Forces:
90%
Owner:
Northwestern University
Field Design:
Perkins + Will
Prime Contractor:
M. A. Mortensen Company
Project:
1512 -Brecksville -Broadview Heights High School, OH
Description:
High School Stadium Synthetic Turf Replacement
Work performed:
Remove existing turf, base prep, installation of new synthetic turf
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3052 XTREME
Contract Value:
$378,436.00
Date of Completion:
7/2015
% Of Work by Own Forces:
100°/4
Owner:
Brecksville - Broadview Heights City School District
Field Design:
Behnke Associates
Prime Contractor:
Sports Contracting Group, LLC
Project:
1615 -Liberty University -Williams Field Replacement, VA
Description:
Construction of new synthetic turf football field
Work Performed:
Field desfgn, base construction, and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D52 XTREME
Contract Value:
$915,370.00
Contact:
Charles Spence, CM -- cpspence@liberty.edu
Date of Completion:
7/2015
4/0 Of Work by Own Forces:
100W0
Owner;
Liberty University
Field Design:
Design/Build
Prime Contractor:
Sports Contracting Group, LLC
Project:
1517 -1518 -Central Michigan University, MI
Description :
CMU Lacrosse, Soccer & Rec Fields
Work Performed:
Base construction and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Q48
Contract Value:
$351,500.00
Contact:
Brian O'Neal, AstroTurf- (724)-260-0241
Date of Completion:
7/2015
0/4 Of Work by Own Forces:
1004/0
Owner:
Central Michigan University
Field Design:
Miller Davis Company
Page 1 of 8
Prime Contractor:
Project:
Description:
Work Performed:
Synthetic Turf Manufacturer
Synthetic Turf System:
Contract Value:
Contact:
Date of Completion:
% Of Work by Own Forces:
Owner;
Field Design:
Prime Contractor:
WCGfields"'
DR-%IGN , 0 U I i.r7 , Y 8 TAI. I,
AstroTurf
1520 -Coldwater High School,
Tracie & Field Replacement
Demo and reconstruct running
installation
AstroTurf
XPE 42
$1,037,800.00
Bruce Lemons, Foresite Design
August 2015
100%
Coldwater Public Schools
CSM Group
Sports Contracting Group, LLC
M1
track, field base prep and turf
Project:
1508 -City of Virginia Beach Field Hockey, VA
Description:
Asphalt Resurfacing and Turf Install
Work Performed:
Asphalt resurfacing and Installation of new synthetic turf system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Al2 System 90
Contract Value:
$281,534.00
Contact:
Percent Complete:
100%
Date of Completion:
3/2015
Owner:
City of Virginia Beach Public Works Department
Field Design:
AstroTurf
Prime Contractor:
AstroTurf
Project:
1507 -Alamogordo High School Athletic Stadium, NM
Description:
Synthetic Turf Conversion
Work Performed:
Field design, base construction, and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D60 XTREME
Contract Value:
$780,500,00
Contact:
Vance lee
Percent Complete:
1000/0
Date of Completion:
8{2015
% Of Work by Own Forces:
90%
Owner:
Alamogordo Public Schools
Field Design:
Design/Build
Prime Contractor:
Sports Contracting Group, LLC
Project:
1511 & 1519 -Bob & Betty Kohn Spa rts Complex, MI
Description:
New Synthetic Turf Softball Field
Work Performed:
Construction of new field base and drainage system and
synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
31) DIAMOND R
Contract Value:
$207,160.00f
Contact:
Kim Summers
Page 2 of 8
a�u
ou }
r, L' 2113N UUILu IN A Y'A I. a
Date of Completion: 5/2015
Of Work by Own Forces: 100%
Owner: The Bob and Betty Kohn Sports Complex
Prime Contractor: AstroTurf
Project:
1528-1529-OSU Fred Beekman Field, OH
Description:
Synthetic Turf Base System and Turf Installation
Work Performed:
Construction of synthetic turf base system and turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D52 XTRFME
Contract Value:
$807,600.00
Contact:
Kim Summers- ksummers )astraturf.com
Date of Completion:
5/2016
% Of Work Done by Own Forces:
90%
Owner:
The Ohio State University
Field Design:
CHA
Prime Contractor:
AstroTurf
Project:
15$7 -Rock Hill High School Football Stadium, OH
Description:
Synthetic Turf Replacement
Work Performed:
Field design, removal of existing turf system, base construction,
Synthetic Turf System:
and new synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D52 XTRFME
Contract Value:
$686,649.00
Contact:
Berry Ltteral/Wes Hairston
Date of Completion:
4/2016
% Of Work Done by awn Forces:
80%
Owner:
Rock Hill Local Schools
Field Design:
Deslgn/Build
,Prime Contractor:
SCG Fields, LLC
Project;
1605 -Seymour High School, IN
Description:
Football Facility Improvements
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Q46
Contract Value:
$973,600.00
Date of Completion:
10/2016
Of Work Done by Own Forces:
75%
Owner:
Seymour Community Schools
Field Design:
Kovert Hawkins Architects, Inc.
Prime Contractor:
SCG Fields, LLC
Project:
1608 -Temple University Howarth Field, PA
Description:
Synthetic Turf Field Hockey Facility
Work Performed:
Base construction and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Al2 System 90
Contract Value:
$789,800.00
Contact:
Colin Burke
Rate of Completion:
5/2016
Page 3 of 8
*CG. f ield�"
06 P.IGN . b U I L0 L 4N9 1 Ali
Owner: Temple University
Field Design: Ewing Cole/Millennium Design
Prime Contractor: LF Driscoll
Project:
1609 -University of Central Florida, FL
Description:
Soccer and Flag Football Fields
Work Performed:
Synthetic turf system installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
XPE 42
Contract Value:
$149,950.00
Date of Completion:
5/2016
Owner:
University of Central Florida
Prime Contractor:
AstroTurf
Project:
1618 -1619 -Brighton High School, CO
Description;
Athletic Facility Renovations
Work Performed:
Turf removal, base construction, and turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D3 52 P -FAB & 3D3 52
Contract Value:
$384,069.00
Contact:
Kim Summers
Year of Completion:
2016
Owner:
Brighton School District
Prime Contractor:
AstroTurf
Project:
1622 -Petoskey High School, M1
Description:
New Stadium Turf Install
Work Performed:
Installation of synthetic turf system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
XPE 42
Contract Value:
$139,553.00
Contact:
Kim Summers
Year of Completion:
2016
Owner:
Petoskey School District
Prime Contractor:
AstroTurf
Project:
1627 -1628 -Denver East High School, CO
Description:
Stadium Turf Replacement
Work Performed:
Minor field base renovations and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
NRG
Contract Value:
$160,680.00
Contact:
Kim Summers
Year of Completion:
2016
Owner:
Denver Public Schools
Prime Contractor:
AstroTurf
Page 4 of 8
Project:
Description:
Work Performed:
Synthetic Turf Manufacturer:
Synthetic Turf System:
Contract Value:
Contact,
Year of Completion:
Owner:
Prime Contractor:
Project:
Description:
Work Performed:
Synthetic Turf Manufacturer:
Synthetic Turf System:
Contract Value:
Contact:
Date of Completion:
Owner:
Prime Contractor:
Project:
Description:
Work Performed:
Synthetic Turf Manufacturer:
Synthetic Turf System:
Contract Value:
Contact:
Date of Completion:
0/6 Of Work Done by Own Forces:
Owner:
Field Design:
Prime Contractor:
fielft 14
n G 8 1 C N i E+ u I L 4 , I N 9 l A L I.
1637 -Los Gatos High School, CA
Field Hockey & Lacrosse Fields Turf Installation
Synthetic turf installation
AstroTu rf
PGPN
$189,595.00
John Burke
2416
Los Gatos -Saratoga Joint Union High School District
Valley Precision Grading, Inc.
1644 -Appleton West High School, WI
Multipurpose Field Turf Installation
Synthetic turf system installation
AstroTu rf
3D3 52
$110,625.00
Kim Summers
2017
Appleton Area School District
AstroTu rf
1642 -Rock Hill High School Softball Field, OH
Synthetic Turf Conversion
Field design, removal of existing natural turf
system, base construction, and new synthetic turf installation
AstroTu rf
3D DIAMOND M
$297,500.00
Berry Ltteral/Wes Hairston
1/2017
80%
Rock Hill Local Schools
Design/Build
SCG Fields, LLC
Project:
1645 -Liberty University -Lacrosse Fields, VA
Description:
Construction of Men's and Women's Lacrosse Fields
Work Performed:
Field design, base construction, and synthetic turf installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D3 52
Contract Value:
$725,555.00
Contact:
Dianne Hogan -Strategic Procurement Manager -(434)-592-3629
Date of Completion:
2017
Owner:
Liberty university
Field Design:
Design/Build
Prime Contractor:
SCG Fields, LLC
Project:
1641 -Cleburne Station Stadium, TX
Description:
New MILB Synthetic Turf Stadium Field
Work Performed:
Base construction and synthetic turf Installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D DIAMOND R
Page 5of8
n E li{ Ci M U U I k, W I M S I A L i.
Contract Value:
$989,038.00
Contact:
Jack McGowan, AECOM Hunt
Date of Completion:
3/2017
Owner:
City of Cleburne
Field Design:
Populous
Prime Contractor:
AECOM Hunt
Project.
1602 -The Ballpark of the Palm Beaches, FL
Description:
New MLB Spring Training Center
Work Performed:
Base construction and turf Installation for 15 field complex
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Q35, AstroGrass
Contract Value,
$10,000,000.00
Contact:
Jeff Hardin, Straticon - jeff.hardin@straticon.com
Date of Completion:
2/2017
Owner:
Palm Beach County
Field Design:
HKS
Prime Contractor:
AECOM Hunt
Project:
1612 -1616 -Cleveland Browns -5 CMSD Fields
Description:
Athletic Field Renovations at 5 Cleveland Metropolitan Schools
Work Performed:
Field design, base construction, and synthetic turf Installation
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D3 52
Contract Value:
$2,775,561,93
Contact:
Phil Dangerfield
Date of Completion:
8/2017
Owner:
Cleveland Browns
Field Design:
Design/Build
Prime Contractor:
SCG Fields, LLC
Proj ect:
Description:
Work Performed:
Synthetic Turf Manufacturer:
Synthetic Turf System:
Contract Value:
Contact:
Date of Completion:
Owner:
Field Design:
Prime Contractor:
Project:
Description:
Work Performed:
Synthetic Turf Manufacturer:
Synthetic Turf System:
Contract Value:
Contact:
Date of Completion:
1707 -Kent State University, OH
Murphy-Mellis Field Replacement - FIH Certified Field
Field base construction and synthetic turf installation
AstroTu rf
Al2 System 90
$1,557,699.00
Megan Dawson - 330-672-3880
9/2017
Kent State University
Then Design Architecture, Ltd.
SCG Fields, LLC
1710 -Kent State University, OH
Dix Stadium Turf Replacement
Synthetic turf installation
AstroTurf
XPE 42
$138,169.00
Megan Dawson - 330-672-3880
8/2017
Page 6 of 8
D F g l C. N FI L7 I L U i 1 N Y t A L L
Owner: Kent State University
Prime Contractor: AstroTurf
Project,.
1709 -Lincoln High School, CA
Description:
Football Field Turf Replacement
Work Performed:
Demo existing turf and install new synthetic system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3133 52
Contract Value;
$190,073,00
Contact:
Kip Olson
Date of Completion:
7/2017
Owner:
Lincoln School District
Prime Contractor:
Valley Precision Grading
Project:
1712 -Ave Maria University, FL
Description:
Football Stadium Field Conversion to Synthetic Turf
Work Performed:
Demo existing natural grass field, construct base and
Synthetic Turf Manufacturer;
drainage system for synthetic turf, install synthetic system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
Rhino 42 Blend
Contract Value:
$638,604,00
Contact:
Brian Patterson, Athletic Director
Date of Completion:
10/2017
Owner:
Ave Marla University
Field Design;
Design/Build
Prime Contractor:
SCG Fields, LLC
Project:
1714 -Michigan State University, MI
Description:
Field Hockey Pitch Synthetic Turf Installation
Work Performed:
Installed new synthetic turf
Synthetic Turf Manufacturer;
AstroTurf
Synthetic Turf System;
Al2 System 90
Contract Value:
$143,65110
Date of Completion;
08/2017
Owner:
Michigan State University
Prime Contractor:
Astroturf
Project:
1722 -Broken Arrow High School, OK
Description:
Soccer field synthetic turf installatlon
Work Performed:
Installed new synthetic turf
Synthetic Turf Manufacturer;
AstroTurf
Synthetic Turf System:
Rhino Blend 48
Contract Value:
$142,957.42
Date of Completion:
09/2017
Owner;
Broken Arrow High School
Prime Contractor:
Astroturf
Project: 1727-Austintown Fitch High School, OH
Description: Football Stadium Field Conversion to Synthetic Turf
Work Performed: Demo existing natural grass field for baseball, football, and V
Page 7 of 8
SM f ilelds"'
nRA10N , 0WiLF� , I N 8 T A 1. 1,
Project:
practice fields, construct base and drainage system for synthetic
Description:
turf, install synthetic system
Synthetic Turf Manufacturer:
Act Global
Synthetic Turf System:
ACT BDX60
Contract Value:
$1,712,665.00
Contact:
AT 3D3 52
Date of Completion:
04/2018
Owner.,
Austintown Fitch City School District
Prime Contractor:
ACT Global
Project:
1730 -North Miami Athletic Stadium, FL
Description:
Football Stadium Field Conversion to Synthetic Turf
Work Performed:
Demo existing synthetic turf field, install synthetic system
Synthetic Turf Manufacturer:
SporTurf
Synthetic Turf System:
Gamechanger 46
Contract Value:
$473,883.35
Date of Completion:
04/2018
Owner:
City of North Miami
Field Design:
Design/Build
Prime Contractor:
SCG Fields, LLC
Project:
180103 -Lorain High School, OH
Description:
Football Stadium Field Conversion to Synthetic Turf
Work Performed:
Demo existing natural grass field, construct base and
drainage system for synthetic turf, install synthetic system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
AT 3D3 52
Contract Value:
$654,278.60
Contact:
Bryan Koury, AD - bkoury@loraincsd.org
Gate of Completion:
07/2018
Owner:
Cleveland Browns Football Company, LLC
Field Design:
Design/Build
Prime Contractor:
SCG Fields, LLC
Project:
180205 -Josh Reddick Stadium, GA
Description:
Baseball Synthetic Turf, Sitework and Layout Design
Work Performed:
Installation of drainage system for synthetic turf, install synthetic
system
Synthetic Turf Manufacturer:
AstroTurf
Synthetic Turf System:
3D DIAMOND R
Contract Value:
$332,416.00
Contact:
Date of Completion:
04/2018
Owner:
Effingham County Board of Commissioners
Field Design:
Deslgn/Build
Prime Contractor:
Lavender & Associates, Inc.
Page 8 of 8
DESIGN B U I L D r INSTALL
SCG Fields, LLC
10303 Brecksville Road
Brecksville, Ohio 44141
T 440.546.1200 / F 440.546.0400
www. scgfields. com
Chris McGill
Director of Sales & Operations, Southeast Region
cmcgiii@scgfieids.com
Education: HS Diploma- 1986 Charlotte High School, Punta Gorda, FL
United States Army Signal Corps/Combat Veteran- 1987 to 1992
1999 —2006
Owner- Operator McGill Masonry, LLC, FL Commercial & Residential
2004 —2007
MLB/NCAA Scout, Ted Drakos Athletic Management, Attorney, Ft. Myers, FL
2007 —2009
Project Manager/Operations, Pro -Sports Academy, Punta Gorda, FL
2010 —2016
Sales -Superintendent - Project Manager, SCG Fields, LLC, Brecksville, Ohio
2016 — Present
Director of Operations Southeast & Sales, SCG Fields, LLC, Brecksville, Ohio
Chris started working for SCG as a Superintendent & Crew Leader part — time while SCG was building
ground operations in Florida and South E ast. He joined SC G full-time in 2010 as the first sales, Crew
Member and Project Management for the Florida area. Moving quickly into Director of Operations of
the Southeast which includes Florida, Georgia, Alabam a, Mississippi, South Carolina and Tennessee.
Building relationships from the local to regional level, Chris has become an integral part and leader of
all division projects for the synthetic turf and natural grass installations of SCG projects.
A few of the significant projects that Chris has been involved w ith include:
Completed:
• Clearwater Catholic High School —2010 Synthetic Turf Football, Clearwater FL
• Gross Pointe High School — 2015 Football, Gross Pointe MI
• Key West Naval Base Sports Center- Football & Softball, Key West FL
• Miami Country Day School — 2017 Natural Grass Practice Field
• Ave Maria University — 2017 Football, Naples FL
• University of Miami Hecht — Natural Grass Practice Field for Football, Miami FL
• University of Miami Indoor Facility — Multipurpose, Miami FL
• Kieser University Flagship Practice Field— Football, West Palm FL
• The City of North Miami — Synthetic Turf Football, Soccer, Miami, FL
• The Ballparks of West Palm — 2016 Astros/Nationals Duo Spring Training Facility, West Palm
FL
• First Baptist Academy— 2017 Synthetic Turf Football, Naples FL
• University of Miami Athletic Equipment, - Multipurpose, Miami, FL
• Calvary Day School — 2018 Synthetic turf Football/Soccer, Savannah, GA
• Josh Reddick — 2018 Synthetic Turf Miracle Baseball Field, GA
In -Progress:
• Lauderhill Sports — 2018 Synthetic Turf Baseball/Football, Fort Lauderdale F L
• Bishop Verot High School — 2018 synthetic Turf Replacement Football, Fort Myers FL
• Atlanta Braves Spring Training, North Port FL
• Jennifer Ross 2018 Synthetic Turf Multipurpose, Savannah GA
Pat C
SCG Fields, LLC
�� �� ��� 10303 Brecksville Load
Brecksville, Ohio 44141
T 440.546.1200 / f 440,546.0400
oEsicaN •r SUILD r INSTALL www.scgflelds.com
Gregory Baran
Project Superintendent
gbaran@scgfields.com 1(440) 376.9206
Education:
High School Diploma, Auto Tech Vocational Program, Maple Hts, High School, Maple Hts., OH
44137
■ Two years training of Vocational Automotive Repair
• Certified Landscape Installer
■ Licensed pesticide applicator in the State of Ohio
• Ohio State Cooperative Extension- Agriculture
Work Experience:
SCG Fields /Sports Contracting Group, LLC — Brecksville, OH 44141 — 5120112- Present
Project Superintendent
Manage and travel with work crew across the United States preparing various bases for athletic
fields (football, baseball, etc.) Traveled for extended periods of time to complete job site installation.
■ Lay out field for proper drainage
■ Field elevation and slope calculation
■ Production of final grade with tolerance calculation- less than 118" per 10'
• Contract review- proper installation and possible upgrades
• Prepared and submitted daily payroll for work crew
• Prepared and submitted weekly expense account reports
• Precision heavy equipment operation (dozer, backhoe, etc_)
• Completion of 20-25 fields throughout United States
Fields Completed:
• Thomas College, ME — 6/2012
■ EI Paso Gridley High School, IL — 712013
• Ohio Northern University, OH — 7/2013
■ Ohio University (2 Fields), OH — 812013
• Clearwater Central Catholic, FL — 612012
Prograss Turf LLC - Pittsburgh, PA 15222 - 1012008- 512012
Project Superintendent
Installation of athletic, synthetic turf fields.
Manage and travel with work crew across the United States preparing various bases for athletic
fields (football, baseball, etc.) Traveled for extended periods of time to complete job site installation_
• Lay out field for proper drainage
■ Field elevation and slope calculation
■ Production of final grade with tolerance calculation- less than 118" per 10'
• Contract review- proper installation and possible upgrades
■ Prepared and submitted daily payroll for work crew
■ Prepared and submitted weekly expense account reports
• Precision heavy equipment operation (dozer, backhoe, etc.)
• Completion of 24-25 fields throughout united States
Fields Completed:
■ Huron High School, OH
■ University of Louisiana -Lafayette, LA
• Sharon Springs Park, GA
I 111ci1 r`
ifs i e I d S
■ Hereford High School, MD
■ Bennett Park, GA
■ Pine Richland High School, PA
■ Midway Park, GA
■ Webb Bridge Park, GA
■ V. Sue Cleveland High School, NM
■ Collier County Palmetto Ridge High School, FL
■ Lordsburg High School, NM
■ Lovington High School, NM
■ Eunice High School, NM
■ Rio Rancho High School, NM
■ Artesia School District (4 fields), NM
Blade Enterprises LLC - Mantua, OH 44255. 2006-2008
Owner
Designing, prototyping, testing, marketing, and producing of patented Magnum Edger Blade"
Successfully review negotiations and procure an exclusive license agreement for Edger.
■ Patent -approved design
■ Traveled throughout United States to promote new blade design for Oregon, Blount Inc.
■ Use of blade on several machines to accomplish various jobs
■ Saves blade owner time and money
Baran Landscape Services Inc. - Chagrin Falls, OH 44022. 1993-2006
Owner
Privately owned business providing landscape architecture, and landscape services to local
Ohioans' for 13 years.
Owner, operator, and work crew manager.
■ Managed all aspects of business
■ Management of 12-15 employees at a time
■ Designed award winning gardens and landscapes
■ Competition and recognition at Cleveland IX Center
■ Sales in excess of $500,000 annually
■ Accounting for quality and production of service
■ Equipment purchasing and repairing
Page 2 of 2
CFB----AMERICAN
..,, AIAERICAN SPORTS BUILDERS
9POR76 BUILDUR6
ASSOCIATION
CERTIFIED FIELD BUILDER
Tbrough Its Certification Board
Has Conferred Upon
Chris Franks
The Desigutrrro1!
CER TIMED FIELD BUILDER
FOR l:FIY1 M 7'Ll A.1l,Yl 7hlF. !'RCl!'E.£SIONAl.
7ANUARDSOFFIh'ZP COM TR UC TION AN(J
!,()/?HWINGSUCC.F FUlt.YFilLNI.M..) THE
CONDITIONS Off'V. XlBl1.17YANL) PASSEL] 7 HE
RWQUIRL•1)RVA MINA T10N.
lot 11-immy rnher ll eve lura sot aw, bard; au }
,lits.
r err firarlari rx�1 rrs: _ r �" `_ `o.
f?eu:iT1W, II?im-wrY
f:rrtlli , rlvn i:hyimvau
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Greg Baran
Personnel CategorX
Construction Superintendent
Christopher McGill Project Manager
10
Construction Services Agreement' Revised 07211 S
EXHIBIT B-1: PUBLIC PAYMENT BOND
18-7457 — -
Bond No.
Contract No. 18-7457
KNOW ALL MEN BY THESE PRESENTS: That
as
located at
Address) are held and firmly bound to
Principal, and
_ as Surety,
(Business
as Obligee in the
sum of ($ ) 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
accordance with drawings and specifications, which contract
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:
in
is
Promptly mattes payment to all claimants as defined in Section 255,06(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 underthis Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _- day of
20 , the name of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement: Revised 072118
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
BY:
NAME:
ITS:
PRINCIPAL
The foregoing instrument was acknowledged before me this day of 2D ,
by as of
a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
12
Construction Services Agrearnent Revised 072118
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by as
behalf of Surety
oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
He/She is
Surety, on
personally known to me OR has produced
as identification and who did (did not) take an
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
13
0onSirUC1i0r1 Services Agreement: Revised 072118
EXHIBIT S-2: PUBLIC PERFORMANCE BOND
#18-7457
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No.
Contract No. 187457
Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($_ _)for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, includingr but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in ail 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 WHLREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement: Revised 072118
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
NAME:
STATE OF
COUNTY OF
PRINCIPAL
BY:
ITS:
The foregoing instrument was acknowledged before me this day of
20 by as
of a
corporation, on behalf of the corporation. He/she is personally known
to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
15
Construction Services Agreement: Revised 072118
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
20 by as of
, a %rety, on behalf of
Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
16
Construction Services Agreement: Revised 072118
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Contractor shall procure and maintain property insurance upon the entire project,
if required, to the full insurable value of the scope of work,
The County and the Contractor waive against each other and the County's separate Contractors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may Have
to the proceeds of such insurance. The Contractor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Contractors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County", or, the specific solicitation number/contract number and
title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Contractor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Contractor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Contractor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations, All self-insured retentions or deductibles
will be Contractor's sole responsibility.
Coverages shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the
County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor.
The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, 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.
17
Construction Services Agreemeni: Revised 072118
Should at any time the Contractor not maintain the insurance coverageLsl required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the Contractor for such coverages purchased. If Contractor fails
to reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Contractor under this Agreement or any other
agreement between the County and Contractor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate,
Failure of the Contractor to provide the Countywith such renewal certificates) shall be considered
justification for the County to terminate any and all contracts.
1s
Constructlan services Agreement: Revised U72118
Collier County Florida
Insurance and Bonding Requirements
Insurance I Bond Type
Required Limits
1. [9 Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory
Limits and Requirements
Evidence of Workers' Compensation, coverage or a CerliFicatc of Exemption issued by the
State of Florida is required. Entities that are formed as Sole Proprietorships shall not be
required to provide a proof of exemption. An application for exemption can be obtained
online at I tis s tldfs cnm (74Ctie111
2. ® Employer's Liability
$ 1,000,000 single limit per occurrence
1 ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current ISO
$1,000,000 single limit per occurrence, $2.,000,000 aggregate for Bodily Injury Liability and
Form
Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Conti -actual Liability,
4. ® lildomIli IIcatlon
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 Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance ofthis Agreement,
5. ® Automobile Liability
$ 1,000,000 Each Occurrence; Bodily Injury & Properly Damage, Owned/Non-ownedlf lired;
Automobile Included
6. [] Other insurance as noted:
❑ Watercraft $ Per Occurrence
[] United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion ofthe work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of
the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence ifapplicable to the completion of the Services under this Agreement,
$ Per Occurrence
❑ Pollution
Per Occurrence
❑ Professional liability S 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
❑ Valuable Papers Insurance
[] Cyber Liability
❑ Technology Errors & Omissions
S Per Occurrence
$
Pei- Occurrence
$� Per Occurrence
S Per Occurrence
19
construclion Services Agreement; Revised 072118
7. ED Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an
irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a
sum equal to 5% of the cost proposal, All checks shall be made payable to the Collier County
Board of County Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
8. ® Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract by
Bonds Proposers receiving award, and written for 100% of the Contract award amount, the cost borne
by the Proposer receiving an award. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general
policy holders rating and Class V or higher rating as to financial size category and the amount
required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most
current Best Key Rating Guide, published by A.M. Best Company, Inc, of 75 Fulton Street,
New York, New York 10038.
9. ® Consultant 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. [g Collier County must be named as "ADDITIONAL INSURED" on the Insurance Cer•titicate 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. z Thirty (30) Days Cancellation Notice required.
8/2/18 - CC
Contractor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)
days of the award of this solicitation.
Name of Firm
Contractor Signature
Print Name
Insurance Agency
Agent Name
D_ Michael -Sherman Telephone Number (216) 407-01.4 _
20
Construction Services Agreement: Revised 072116
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 conditioned upon payment of the consideration deseribed above. It is not effective
until said payment is received In paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment
to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims
of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthiylfinal] Application for Payment
No.
Witness
President
Witness
STATE OF ^
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of ,
20 _, by , as of
, a corporation, on behalf of the corporation. Melshe is personally
known to me or has produced as identification and did
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL_ SFAL)
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
21
Construetlen Servlcea Agreement: Revised 072110
EXHIBIT d
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier Count Board of County Commissioners the OWNER or Collier County Water -Sewer
Owner's Project
Manager's Name;
Date:
Bid No.
Shall he signed by an authorized
representative of the Contractor.
Division Name
-Payment
Design Professional's Name:
Project No.
SI nature:
-County's
Submitted by Contractor
Re resentativw Name
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by:
Application Date:
Payment Application No.
Contractor's Name &
Address:
Signature:
Date:
Original Contract Time: i
Original Contract Price:
$
Revised Contract Time:
Total Change Orders to Date:
$
Revised Contract Amount:
$
Total Value of Work Completed &
Stored to pate;
Retainage @10%
through [Insert Date]
$
Retainage @ 10% through [Insert
date]
$
Retainage @ °lo
after Insert date
$
Less Retainage
$
_.
$
Total Earned Less Retainage
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 payment free and clear of all liens, claims, security interests and encumbrances (except such
as covered by Bond acceptable to OWNED); (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
Contractor's Signature:
Date:
Type Title:
Shall he signed by an authorized
representative of the Contractor.
to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
-Payment
Design Professional's Name:
SI nature:
date;
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by:
Owner's Project Manager Name:
Signature:
Date:
22
Construction Services Agreement: Revised 072118
EXHIBIT D(eontinued) SCHEDULE DF VALUES
em]w Nim': prulict M1mkr,
pier:
Pedal To:
' Explanation for the two columns under preylous Appl€Catlons: The Thru Da It is where you will place all Information until the contract is Complete unfess a release or iedueIion of retalnage issue to
Into play. If this happen$, all igtormalion up to the date of the 'A change In retainage Is placed In the Thru Date column. Information after that date is placed In the Since Date column. This slates
What hal happened NO the Change In retainage.
23
Construction Services Ag reernent! Revised 072118 �y
Exhibit D
(Continued) Stored Materials Record
Formula: A+B-C-D=F-
A B C D E
Invoice Previously Receiver! Previously Installed Balance To
Date Description Supplier Number Received This Period Installed This Period Install
24
Construction Services Agreement: Revised 072118
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
httpJ/bccspOI /SiteDirectoryIASDIPurchasing/l=ormsl/Farms/DefauIt.aspx
Change Order Form
Cohtraekas': Change Of ------ 1
PurahaseOrdardi: I Pro)rcto:�
ContraetorMrm Name:
Project Manager Name
Project Name:
Department:
Origirlgi CoratertMork Order Amount
Cxigirml BCC Approv5l Date; Agends Ilam #
Current SCC Approved Amount
Lest BCC Approval Dsle; Awndu Item #
Current ConlraeV4Vork Order Amount
SAP Contract Expiration Date Ir %tLr)
Dollar Aniountof this Change
*DIWO1
Tats) Change Itom OrlginaIAnioLnt
RE4i5ed C ontractW ork Order Tots)
S
o.00
40 V/01
Chsnge frOMCLrrent SCC Approved An -runt
Cunwielive Chan es
5
0.00
4D!Vr'0!
Chen Efrom CutrentAmounk
Completion Date. Description of the Task!sj Change, and Rationale for the Change
Ngtlne to procae� DrigLast Approved Revised Date
Date Completion Cat=Date 5kr_.rJmavrscnaw}e)
4ofDays Added Select'rasks O AddnewtaskjsI DDeletetask(sI 171 Changetask(sl QGkher{mowum
Provide a response to th a following7 1.) detaikd and specifio axplanitlonhatiOnate Of the requested thanpe(s) to the taskts} and l or
the additional days added (if raquestedl; 2-1why this ahangrwas not ineludad m the original contract; and, 3.1 de5cribe the i mpact if
this change is not processed. Attach adddironal inforinil*A from the Desvan Pipfe5x Wool drtorar Cantractar f nerird.
Prepared by: Datrt:�
( ro*t lolanagar Name and Depariment)
A.ccaptance of this Change Order shall conmhais a mad irrcation to contract I work order Iden 1I*d above aryl will be subject toall the same
ltrai9 antl candaws a5 comained Whecontraci i*orkorderind"tedaixcve, as fully as ii rhesamswom stated inthis acoaplanoe, 7be
adjustment. if any, lathe Contract ihallconifimiralutl indfinal setilementof any and allclstms OrtheDgnaaciarrVendor! Cons uhanif
D25 q n profess lona I a rib irg ON 0101 re filed to t he c ha ng a set fon h hwain, iaaludl rva chums for im pict 9V4 dolay ,COSG.
Accepted by'Dale:
oniracloti en a1, onsutiamlDesqnFrofamianalandNamro Firm.d rajwtappl'Mabk)
Approved by, Date:
Deaipn Professiaral.and NamrorFirm. ff prejeclappl )
Approved by: Date:
(Procuremem r ei#Y?ni}
.. " ? :,9u'h n7 v 38' -'q J'3 iJJ 11,715 F ) ' 7 -._ .,. _ _-_ _,., _".. ^ _R: I
:4" S °S. 14':3'.11 i
25
Construction Services Agreement: Revised 072110
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
OWNER
And
To
Substantial Completion Is the state In the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIG N PROFESSIONAL, and
that Work is hereby declared to be substant}ally complete in accordance with the requirements of the
Contract Documents on',
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion,
The responsibilities between OWN ER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
26
Construction Services Agreement; Revised 072118
RESPONSIBILITIES:
4 i�i►�Pf F'.1
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not In accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
By:
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
By:
CONTRACTOR
Type Name and Title
20
OWN ER accepts this Certificate of Substantial Completion on 20
By:
OWNER
Type Name and Title
27
Gonsiructlon Services Agreement: Revised 072116
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: ❑ate; , 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 Bate:
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. a=ffective date of General one year warranty from Contractor is:
28
Construction Services Agreement: Revised 072118
4_
2 capias 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.
I-
Certificate of occupancy No.:
issued on (attach to this form).
$.
Certificate of Substantial Completion issued on
9.
Final payment Application and Affidavits received from Contractor on,
10.
Consent of Surety received on
11.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Parts or Special Tools provided to Owner:
13.
Finished Floor Elevation Certificate provided to Owner:
14.
Other:
If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
_ (Signature)
(Name & Title)
28
Construction Services Agreement: Revised 072118
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
28
Construction Services Agreement: Revised 07211 &
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub -Section 2.2 as the "Utilities"_ Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (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 will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's wrltten determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for 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
Construction Services Agreement: Revised 072118
limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit Q.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to 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, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also small 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, togetherwith 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 218.795 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 Ownerand 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
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ConstrVetion Services Agreement: Revised 072118
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
orten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever
is less. Such sum shall be accumulated and not released to Contractor until final payment is due
unless otherwise agreed to by the Owner in accordance with Florida Statute 255.478, The Project
Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the
percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the
Owner's procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule,
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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Conslnacllan Services Agreement Revised 072918
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of;
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner,
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20,1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G,
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
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Constructlon Services Agreement: Revised 072118
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the iters is
intended to establish the type, function and quality required. Unless the name is followed bywords
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 (34) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified, The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
34
Constructlon Services Agreement: Revised 072118
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design ProfessionaVs consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.1 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1,5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6
Description of Work being performed at the Project site;
8.1.7
Any unusual or special occurrences at the Project site;
8.1.8
Materials received at the Project site;
8.1.9
A list of all visitors to the Project
8.1.10
Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall
not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services, All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
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Construction Services Agreament: Revlsed 072118
(e.g, interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color, The
"As -Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference, Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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 its Work with all
36
Construction Services Agreement; Revised 072118
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
37
Construction Services Agreement: Revised 072118
Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as
directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor
must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have
waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping orsubcontractor markup,
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the
accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change
Order or Work Directive Change.
10,6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
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.
11. CLAIMS AND DISPUTES,
11,1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim_
11,2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11,3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
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construction Services Agreement: Revised 072118
,T�911d'.I4:1'i'&IV AN
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13, INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorfVendorlConsultant 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 ContractorNendorlConsultant or anyone employed or utilized by the
ContractorNendorlConsultant in the performance of this Agreement.
13,2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
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 8-3 to the Agreement.
3@
Conslructlon Services Agreement, Revised 072118
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 1985 as located at 8 U.S.C. 1324, et sect• 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 E=ligibility 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 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor'slbidder's proposal, Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the 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.
If the BidderlContractor does not comply with providing both the acceptable E-Verlf
evidence and the executed affidavit the Kidder's I Contractor's proposal may be deemed non-
responsive.
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Construction Services Agreement: Revised 072118
Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: http:llwww.dhs.aov/E-Verify, It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, applianoes,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work,
16.1 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.
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Cortsifuction Services Agreement: Revised 072118
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 Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the 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 -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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Construction Services Agreement: Revised 072118
18,5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18,8 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19,2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents, In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (0) 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.
20.1 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
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Construcllon Servlcm Agreement: Revised 072110
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor (before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list, The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20,2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit CC_
(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 Ownerall 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 unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shat{ correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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Consiruckn Services Agreement: Revl sod 07211a
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the 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 with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (S) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential
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Construction Services Agreement: Revised 072118
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 faits 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
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Gonsimction Services Agreement: Revised 072116
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 superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause_ Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.8, 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.
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Construction Services Agreement; Revised 072118
441.44*1;1111=14?,MAIIJ
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:
28A A 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 NEPA 70E Short Circuit Protective Device
Coordination and Are Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NEPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner,
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (coilectively referred to herein as "Employees"), shall not
possess or be under the Influence of any such substances while on any Owner property. Further,
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GQnatruoticn Services Agreement: Revised 072118
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
2$.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 Fmployees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5,4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owneror as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shalt 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 Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
28. 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
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Construction Services Agreement; Revised 072118
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
excess of $25,000. To this end, vendors
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
Evaluation System for all contracts awarded in
will be evaluated on their performance upon
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
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Construction Services Agreement: Revised 072118
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 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
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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
empioyee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or additional compensation, Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims,
34. CONSTRUCTION SERVICES.
34.7 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
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34.1.3
Shop Drawing Submittal/Approval Logs
34.1.4
Equipment PurchaselDel!very 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
34,9.16
Bulletin Quotations
34,1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34,1.19
Permits
34.120
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
34,9.26
Monthly Progress Reports
34, 1.27
Correspondence Files
34,9.28
Transmittal Records
34.1.29
Inspection Reports
34.1,30
Punch Lists
34.9.39
PMIS Schedule and Updates
34, 1,32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board",up to two (2) times per
contract term. presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee, 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.
36. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMO PS(c)-colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
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39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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Construction Services Agreement: Revised 072118