Agenda 01/08/2019 Item #11A01/08/2019
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 18-7462, “Golden Gate Tamiami Wellfield - Well
No. 38,” to All Webb’s Enterprises, Inc., in the amount of $1,327,050, Project Number 70196.
OBJECTIVE: To maintain raw water production capability and reliability in the Tamiami Wellfield that
provides raw water to the North and South County Regional Water Treatment Plants (NCRWTP and
SCRWTP).
CONSIDERATIONS: The Golden Gate Tamiami Wellfield, comprised of 36 existing wells, provides a
raw water supply for the NCRWTP and SCRWTP. A new production well is needed in this wellfield to
provide additional reliability, as some of the existing older wells are near the end of their useful life. The
scope of this project is to construct and start-up the proposed Tamiami Well No. 38. The work includes
well drilling and installation of the following: column pipe and pump, aboveground mechanical piping
and valves, buried piping and valves, electrical equipment and instrumentation and controls. The
permitted raw water allocation for this wellfield will remain the same.
On August 7, 2018, the Procurement Services Division publicly advertised Invitation to Bid No. 18 -7462,
"Golden Gate Tamiami Wellfield-Well No. 38.” Interested contractors downloaded ninety-six (96) bid
packages and the County received four (4) submittals by the September 20, 2018 deadline. The bid
amount includes the mobilization/demobilization, as well as, the construction of Well No. 38.
All four (4) bidders were found to be responsive and responsible. Staff reviewed the bids received and
determined All Webb's Enterprises, Inc., as the lowest, responsive and responsible bidder. Staff
recommends the bid be awarded to All Webb's Enterprises, Inc., based on the award of the base bid in the
amount of $1,327,050.
Company Name City County State Bid Amount Responsive/Responsible
All Webb’s Enterprises,
Inc.
Jupiter Palm
Beach
FL $1,327,050.00 Yes/Yes
Douglas N. Higgins, Inc. Naples Collier FL $1,392,640.00 Yes/Yes
Florida Design Drilling
Corp.
West Palm
Beach
Collier FL $1,394,949.00 Yes/Yes
Mitchell & Stark
Construction Co. Inc.
Fort Myers Collier FL $1,497,750.00 Yes/Yes
Staff and engineering consultant, CDM Smith, Inc., determined the lowest responsive bid was fair and
reasonable and recommends awarding the contract to All Webb’s Enterprises, Inc. The bid is
approximately 12 percent lower than the project consultant’s $1,500,000 opinion of probable cost. The
Procurement Services Division concluded bidding was competitive and representative of market
conditions. The bid tabulation, bid analysis, engineer’s letter of recommendation, contract and Notice of
Recommended Award (NORA) are Attachments 1, 2, 3, 4 and 5, respectively.
The quote specifications informed the respondents that there may be unforeseen conditions associated
with the project. The quote amount incorporates an owner-directed project allowance of $150,000 for
unanticipated costs including, but not limited to, unlocated utilities and unforeseen site conditions. Use of
the allowance funds must be approved by county staff in accordance with the terms of the attached
agreement and the County’s Procurement Ordinance and adopted policies, prior to the execution of such
work.
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FISCAL IMPACT: The source of funding is Water User Fees, Fund (412). The funds are available in
project 70196 and is consistent with the FY2019 CIP Budget. The project is expected to be completed in
late 2019. Operating costs are not expected to change as the total volume of the water withdrawn fro m
the wellfield will remain at its current permitted number.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To award Invitation to Bid No. 18-7462, “Golden Gate Tamiami Wellfield -
Well No. 38” (Project No. 70196), to All Webb’s Enterprises, Inc., in the amount of $1,327,050, and
authorize the Chairman to sign the attached agreement.
Prepared By: Alicia Abbott, E.I., Project Manager, Public Utilities Engineering & Project Management
ATTACHMENT(S)
1. 18-7462 Bid Tab (PDF)
2. 18-7462 CDM Letter of Recommendation (PDF)
3. 18-7462 NORA_Signed (PDF)
4. [Linked] 18-7462 All Webbs_Contract_VendorSigned_11-16-18 (PDF)
5. 18-7462 All Webbs_Insurance_11-16-18 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 7321
Item Summary: Recommendation to award Invitation to Bid No. 18-7462, “Golden Gate
Tamiami Wellfield – Well No. 38,” to All Webb’s Enterprises, Inc., in the amount of $1,327,050, Project
Number 70196. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director)
Meeting Date: 01/08/2019
Prepared by:
Title: Project Manager – Public Utilities Planning and Project Management
Name: Alicia Abbott
11/16/2018 4:50 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
11/16/2018 4:50 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/19/2018 8:13 AM
Procurement Services Barbara Lance Additional Reviewer Completed 11/19/2018 9:02 AM
Procurement Services Ted Coyman Additional Reviewer Completed 11/19/2018 9:14 AM
Public Utilities Planning and Project Management Oscar Martinez Additional Reviewer Completed 11/20/2018 10:27 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 11/20/2018 4:22 PM
Wastewater Beth Johnssen Additional Reviewer Completed 11/26/2018 1:30 PM
Procurement Services Swainson Hall Additional Reviewer Completed 11/29/2018 3:02 PM
Water Pamela Libby Additional Reviewer Completed 12/04/2018 3:56 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 12/05/2018 2:26 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/10/2018 10:27 AM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 12/14/2018 3:57 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/17/2018 9:16 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/17/2018 2:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/17/2018 2:32 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/17/2018 4:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:06 AM
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County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:25 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 9:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
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Notices Sent:N/A
Procurement Strategist: Barbara Lance Bid Packages Downloaded:96
Submitals:4
Item Description Unit
Estimated
Quantity Cost Amount Cost Amount Cost Amount Cost Amount
1.1 Mobilization/Demobilization Lump Sum 1 $80,000.00 $80,000.00 90,000.00$ $90,000.00 60,000.00$ $60,000.00 75,000.00$ $75,000.00
2.1 Production Well 38 Construction Lump Sum 1 $100,000.00 $100,000.00 200,000.00$ $200,000.00 233,849.00$ $233,849.00 310,100.00$ $310,100.00
2.2 Drilling LF 150 $1,000.00 $150,000.00 280.00$ $42,000.00 150.00$ $22,500.00 420.00$ $63,000.00
2.3 FRP Casing Installation LF 100 $250.00 $25,000.00 410.00$ $41,000.00 200.00$ $20,000.00 330.00$ $33,000.00
2.4 Geophysical Logging Lump Sum 1 $8,000.00 $8,000.00 27,000.00$ $27,000.00 15,000.00$ $15,000.00 9,000.00$ $9,000.00
2.5 Well Development Hour 16 $400.00 $6,400.00 540.00$ $8,640.00 350.00$ $5,600.00 400.00$ $6,400.00
2.6 Step Rate Pumping Testing Lump Sum 1 $400.00 $400.00 44,000.00$ $44,000.00 3,000.00$ $3,000.00 9,000.00$ $9,000.00
2.7 Well Chlorination and Bacteriological Testing Lump Sum 1 $8,000.00 $8,000.00 14,000.00$ $14,000.00 5,000.00$ $5,000.00 9,000.00$ $9,000.00
2.8 Furnish and Install Wellhead, Pump and Motor Lump Sum 1 $162,000.00 $162,000.00 143,000.00$ $143,000.00 100,000.00$ $100,000.00 75,000.00$ $75,000.00
2.9 Furnish and Install Piping, Valves, Fittings and Misc.Lump Sum 1 $81,000.00 $81,000.00 138,000.00$ $138,000.00 200,000.00$ $200,000.00 175,000.00$ $175,000.00
2.10 Furnish and Install Electrical Improvements Lump Sum 1 $425,000.00 $425,000.00 350,000.00$ $350,000.00 400,000.00$ $400,000.00 400,000.00$ $400,000.00
2.11 Furnish and Install Instrumentation and Controls Improvements Lump Sum 1 $105,000.00 $105,000.00 120,000.00$ $120,000.00 150,000.00$ $150,000.00 137,750.00$ $137,750.00
2.12 Furnish and Install Fence and Gate Lump Sum 1 $15,000.00 $15,000.00 15,000.00$ $15,000.00 20,000.00$ $20,000.00 17,500.00$ $17,500.00
2.13 Well Startup and Testing Lump Sum 1 $11,250.00 $11,250.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 28,000.00$ $28,000.00
3.1 Construction Items Allowance Time & Materials 1 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00
Opened By: Barbara Lance
Witnessed By: Ana Reynoso
Bid Open Date: September 20,2018
Bid Response Form (Form 1)
Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)
Material Manufacturers (Form 3)
List of Major Subcontractors (Form 4)
Statement of Experience of Bidder (Form 5)
Trench Safety Act Acknowledgement (Form 6)
Bid Bond (Form 7)
Insurance and Bonding Requirements (Form 8)
Conflict of Interest Affidavit (Form 9)
Vendor Declaration Statement (Form 10)
Immigration Affidavit Certification (Form 11)
Vendor Substitute W-9 (Form 12)
Bidders Checklist (Form 13)
Business Tax Receipt
Grant Provisions Package
Addendums
Licenses Water Well Contractor ST of FL Dept of Bus & Prof Reg Water Well Contractor Certified General Contractor
ST of FL Dept of Bus & Prof Reg SunBiz Certified General Contractor ST of FL Dept of Bus & Prof Reg
SunBiz ST of FL Dept of Bus & Prof Reg
Radioactive Materials License
Certification
Responsive
N/A
N/A
Yy
Y
N/A
Y
Y
Y
Y
Responsive Responsive Responsive
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N/A
N/A
Y
Pugging, Consulting, Drilling
Maintenance, Repair etc.
Well Services:
Y
Y
Y
Y
Y
Project Manager: Alicia Abbott
18-7462 Golden Gate Tamiami Wellfield - Well No. 38
Bid Schedule
Schedule 3: Allowances
Schedule 2: Well 38 Construction
Schedule 1: General
TOTAL BID PRICE FOR PROJECT
All Webb's Enterprises, Inc.
Mitchell & Stark Const. Co.
Inc.
$1,497,750.00
Y
Douglas N. Higgins, Inc.
Florida Design Drilling Corp
Y
Responsive Check Y (Yes) or N (No)
$1,327,050.00 $1,392,640.00 $1,394,949.00
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N/A
Y
Collier County, Florida
Tamiami Well No. 38 Bid Schedule
11.A.1
Packet Pg. 189 Attachment: 18-7462 Bid Tab (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No.
4210 Metro Parkway, Suite 230
Fort Myers, Florida 33916
tel: 239 938-9600
October 16, 2018
Ms. Alicia Abbott
Collier County
Public Utilities Planning and Project Management Department
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Subject: Tamiami Well 38
RFQ No. 18-7462
Low Quote Evaluation – Recommendation for Contract Award
Dear Ms. Abbott:
On September 20, 2018, quotes were received by Collier County for the Tamiami Well 38 project
(RFQ No. 18-7462). Four quotes were received. A summary of the bids received is included in
Table 1 below.
Table 1 - Summary of Bids Received
Bidder Bid Amount
All Webb's Enterprises, Inc. $ 1,327,050
Douglas N. Higgins, Inc. $ 1,392,640
Florida Design Drilling Corp $ 1,394,949
Mitchell & Stark Const. Co. Inc. $ 1,497,750
Review of Required Bid Documents
The bid packages were checked for administrative completeness and all bidders provided the
paperwork to meet the County’s bid requirements.
Comments on Lowest Bid Received
The apparent low bid was submitted by All Webb's Enterprises, Inc (All Webb’s) in the amount of
$ 1,327,050 for Quote Items 1 through 3, including the identified project allowances. This amount
is within 15% of the Engineer’s Opinion of the Probable Construction Cost of $1.5 Mill. for the
Project. CDM Smith has reviewed the quote submitted and the price appears reasonable to
properly complete the work.
11.A.2
Packet Pg. 190 Attachment: 18-7462 CDM Letter of Recommendation (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
Ms. Alicia Abbott
October 16, 2018
Page 2
RFQ No. 18-7462 Recommendation (draft).docx
The Bidders’ Experience and Questionnaire asked that the bidders list the projects where they have
been contracted as a General Contractor previously. Several of the references submitted by All
Webb’s as part of the qualifications and experience were contacted by CDM Smith. A total of four
(4) references responded at the time of writing this letter. The following is a summary of the
responses provided:
All Webb’s conducted several MIT demonstrations at Class I industrial and municipal
injection wells in the past few years. The references indicated that the work performed by All
Webb’s was satisfactory on the projects they worked on together and have no hesitation in
recommending them.
One reference also verified All Webb’s experience with new pump station construction and
new well installation projects.
One reference cautioned that the County and the Engineer should be prepared to proactively
manage the Contractor’s work to ensure timely completion of the project.
Additionally, CDM Smith had previous experience working with All Webb’s for a Collier County well
rehabilitation project. All Webb’s work for the project was satisfactory. However, they didn't finish
on time which required additional office and field management from CDM Smith and the County.
Recommendation
Based on our review, CDM Smith believes that All Webb’s is the lowest, responsive, responsible
quoting firm and is qualified to perform the construction of the Well 38 project. CDM Smith
recommends that Collier County award the project to All Webb’s for the total quote bid for Items 1
through 3 including the project allowance. Considering the comments received during checking of
references and CDM Smith’s experience with the Contractor, CDM Smith recommends additional
office and field management efforts from the County and Engineer is provided to help the
Contractor focus their efforts for timely completion of the project.
Please do not hesitate to call if you have any questions or wish to discuss the quote further.
Sincerely,
Jason A. Sciandra, P.E.
Senior Project Manager
CDM Smith Inc.
11.A.2
Packet Pg. 191 Attachment: 18-7462 CDM Letter of Recommendation (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.3
Packet Pg. 192 Attachment: 18-7462 NORA_Signed (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All Webb's Enterprises)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with All Webbs Enterprises, Inc. ("Contractor") of 309 Commerce Way,
Jupiter, FL 33458, a Corporation, authorized to do business in the State of Florida, to perform all
work ("Work") in connection with Golden Gate Tamiami Wellfield-Well No. 38, Invitation to Bid
No. 18-7462 ("Project"), as said Work is set forth in the Plans and Specifications prepared by
CDM Smith Inc., the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of
this Agreement: One Million, Three Hundred Twenty -Seven Thousand and Fifty Dollars
(1,327,050.00).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be
paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner; provided,
however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than
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$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated 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 Two Hundred Seventy (270) calendar days from the Commencement Date
(herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently complete,
in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within Thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and 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, One
Thousand Six Hundred Sixty -Five Dollars (1,665.00) 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
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or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation 18-7462 Golden Gate Tamiami Wellfield-Well No.
38.
Exhibit A-1:
Contractor's Bid Schedule
Exhibit A-2:
Contractor's Bid Submittal Forms and Addendums
Exhibit A-3:
Contractor's List of Key Personnel
Exhibit B-1:
Payment Bond Forms
Exhibit B-2:
Performance Bond Forms
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
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Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit 1: Supplemental Terms and Conditions ❑ Applicable 9 Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 18-7462 Golden Cate Tamiami Wellfield-Well No. 38. The
complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https:llwww.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.
ZExhlbit J: Technical Specifications
Exhibit K: Permits
❑Exhibit L: Standard Details
Exhibit M, Plans and Specifications prepared by GDM Smith Inc.
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 Public Utilities Engineering and Project Management
3339 Tamiami Trail Fast, Suite 303
Naples, FL 34112-5361
Attn, Alicia Abbott, Contract Administrator/Project Manager
Phone: 239-252-5344
Email: Alicia.Abbott@coltiercountvfl.aov
E. 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:
All Webbs Enterprises, Inc.
309 Commerce Way
Jupiter, FL 33458
Attn: David Webb Jr., V.P.
Phone: (561) 746-2079
Email: Allwebbs .allwebbs.com
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
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Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287,133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
35 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.
�a
Construction Services Agreement' Revised 0721111
Section 15. Change 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 polices and accompanying administrative procedures,
Section Ifs. 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. artier 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.
6 �
Gone.tfuctlon Services Agreement: Revised 072116
IN WITNESS WHEREOF, the parties have executed this Agreement on the date{s}
indicated below.
TWO WITNESSES:
-X"dlz� -e�
FIRST WITNESS
P ' Name
T
SECOND"
COND ITNESS
,i�C�%T
Print Name
Date:
ATTEST:
Crystal K. Kinzel, Clerk of Courts & Comptroller
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
All Webbs Enterprises, Inc,
By:
➢�y�D GjE�?6 ire- �_I. 1 ?J� C�
Print Name and Title Date
V zc,.(- P(cE 5 T—p EA) -r
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY:
Andy Solis, Esq, Date
Chairman
7
Construction Services Agreement: Revised 072118
pa
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
{FOLLOWING THIS PAGE)
8
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Construction Services Agreement: Revised 072118
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EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
Construction Services Agreement: Revised 072118 00--11-)
GOIT Col."ty
Administrative SeMces Division
Procurement Services
Date: August 8, 2018
Email: Barbara.Lance@colliercountyfl.gov
Telephone: (239) 252-8998
Addendum 1
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum #1: Solicitation # 18-7462 Construction of Tamiami Well 38
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Clarification to Question 1: What is the site location?
The address provided in Answer is the location of the "Pre -Bid Meeting":
North County Regional Water Treatment Plant (NCRWTP)
8005 Vanderbilt Beach Road, Naples, FL 34120
The address to the proposed "Well Site" will be discussed at the Pre -Bid meeting on August 21st at
9:00 AM.
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation. �}
(Signature) ,, II Date
ALL _TA) C.
(Name of Firm)
U
COSY C-a"Uty Email: Barbara.Lance@,colliercountyfl.go_y.
AdminisirallveSenicesDivision Telephone: (239) 252-8998
Procurement Services
Addendum Z
Date: August 3l, 2018
From: Barbara Lance, procurement Strategist
To: Interested Bidders
Subject: Addendum f# 7: Solicitation tf 58-7462 Construction ofTamiami Well 38
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original sollcltation document for the referenced
svlicitatlon:
Change:
The "Bid Enc! Date" has been extended to: 3:00 pm on Thursday, September 13"i, 2018
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation,
_ I" I9 Z18
(Signature) v Date
r 7
PILI' W 10 C.
(Name of Flrmj
0
C oFeY County
Administrative SeNces Division
Procurement Services
Date: September 4, 2018
Email: Barbara Lance@colliercountyfl.gov
Telephone: (239) 252-8998
Addendum 3
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 3: Solicitation # 18-7462 Construction of Tamlaml Well 38
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Clarification/Changes:
The Items listed below are included in Addendum 3:
• Drawing Revisions
• Specification Revisions
• SCADA Integration Policy
• Drawings
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) V Date
ALLWCt-3BS �7t�r��P/z�SC'S ZVC.
(Name of Firm)
9
Co ier CouvitY
Administrative Services Division
Procurement Services
Date: September 4, 2018
Email: Barbara Lance@ collie rcountyfl.Rov
Telephone: (239) 252-8998
Addendum 4
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum 4 4: Solicitation # 18-7462 Construction of Tamiami Well 38
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change:
The "Question/Answer Period" has been extended to:
5:00 pm on Thursday, September 6'h, 2018
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
A r 61J -T cc PP --r s C s �N c.
(Name of Firm)
�e
co Liiev County
Administrative Services Divisiw
Procurement Services
Date: September 7, 2018
Email: Barbara Lance colliercountyfl.90
Telephone: (239) 252-8998
Addendum 5
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 5: Solicitation # 18-7462 Construction of Tamiami Well 38
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change;
The Solicitation "End Date" has been extended from 3:00 pm September 13`h, 2018 TO
3:30 pm, Thursday, September 20th, 2018
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
llbj�l
9/1
(Signature) Date
At_(- :Tcic
(Name of Firm)
CO Or 0014- ty� Email: Barbara.Lance@colliercountyfl.gov
Administra6veSenicesDivision Telephone: (239) 252-8998
Procurement Services
Addendum 6
Date: September 11, 2018
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 6: Solicitation # 18-7462 Construction of Tamiami Well 38
The following clarifications are Issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Changes:
A copy of Document "18-7462 Addendum 6_Detail" has been uploaded including:
• Drawing Revisions
• Specification Revisions
• See BidSync for Answers to Questions 6-12
C: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature
S E'
(Name of Firm)
T11 9
Date
Collier County
FORM 1- BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Solicitation 18-7462
Construction of Tamiami Well 38
r , 1 BID NO, 18-7462
Full Name of Bidder- A L L t/'-' E33-5CA)T E P—PR— S E.5 ��
Main Business Address
3o9 C�rnNti���� WAJ . .)UP2TEe ��
Place of Business
Telephone No. 0 L 0-071Fax No., &6 —7 L� `
State Contractor's License # b C-� O
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number 5 9— )- W' I 8 1 6
DUNS #
CCR# Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractors 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, and in the case where further decimal points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
staff.
81912018 10:44 AM
:?
p. 6
Collier County
FORM 2 . CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Construction of "Pantlami Well 38
Bid No. 18.7162
Name
D'A (--�3c- 3i -�9-
Pewminel Category
C01181rUC6011 Supaintundant
Project Manager
Sofidtation 18.7462
101
81912018 10:44 AM p- 7
Collier County
6ollaltstlon 18-7462
FORM. 3 - MATERIAI. MANUFACTURERS
THIS FORM IV UST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Biddors shall confirm by signuture that they will provide the ntanufactur= and materials outlined in this Bid
specifit:ations, including compliance with Florida Stanttc 2 5.20 to provide lumber, timber kind 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 lite Material Mtmufaclurar Exccption List below. If an
exception for n manufatcturer and/or material is proposed and Ilsted below and is not appixvved by EngincerlProjec:l
hianager, Bidder shall furnish the manufacturer named in the specification. Acceptance ofthis form doesnot constitute
acceptance of material proposed on this list.
Complete and sign section A 9R B.
Sectiolt A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and mnterials as specifically outlined in
the Bid specifications,
Company: 'T — {p 1 5 5 3 A.X .
Date: f
Signature:
Sertton B (Excepilon requested to Bid specifications ntanufucturers and 1natedals)
ECCE CN MATERIAL
2.
3.
4.
S.
Please insert additional pages Wl ncccssarp.
EXEMANUELCTl3
Company:, Au Q
Signature: Pat, I
U1912018 10:44 AM
COW County
ORM 4 . LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY 13B DEEMED NON-RESPONSIVE
Solicitation 19-7462
The undersigned states that the following is a list of the proposed subcontractors for tine major categories outlined in
the requirements of the Bid specifications.
The undersigned ackrtowladges its responsibility for ensuring that the Subcontractors for the major categorios llsted
hMrein are "qualified" (as defined in Ordinance 2017-06 and Scotion 15 of instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but nui limited to proper lice11se,9,
certifications. registrations and insurance coverage. The. Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-quntified Subcomractors in its hid offer. a~urther, the Owner may direct the Successful
Bidder to itinovefreplace any Subcontractor, at no additional cost to Owner, which Is found to be non-compliant with
this requirement either before or after the iasuaucc ❑f the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned ncknowledges 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 nil Snbcontract❑rs subsequently identified for tiny
portion of work on this Project must be qualified as noted nbove.
company; A L. W (c -1B S (Er41 tr R P IZ1 S E 5 Tivc .
Signuture: Date;
P.
819Q01a 10.44 AM
colller County
8ollcltallon la -7462
]FORM 5 - STATEME, NT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of sit-ailar magnitude completed within the last
Eva (5) years is a judge of its experience, skill and business standing and of its ability to conduct
the work as completely and its rapidly as required ander the terms of the Agreement.
t.
56c—
(project
6c(project name) (project owner)
(project location) (Owner's address)
(project description) (Owvuer's CPntaet pCrsaR) (title)
S -
(project stnrllcompletion dntes) (eoniract value) (phone) (email)
(project name) {project awuer)
(project Ideation) (Owner's address)
(project description) (Owner's Contact parson) (ti tic)
(prxsject starVcomp1c6on duics) (contract value) (PhunC) (email)
3.
(project name)
(project loention)
(project otvller)
{(]wvmr's address)
(project description) (Owner's contact person)
(Project start/completion dates) (contract value) (phone) (email)
81912U1p 10A4 AM
(titlt)
Calller County
F014M S • STATEMENT OF EXVRRICNCE Or, 11IDDER
4.
5,
b.
(project name)
(project location)
(project description)
(pt-oject completion date)
(project name)
(project location)
(project description)
(project owner)
(Owner's address)
(ONY11cr's contact person)
(Colltraut value) (phone) (email)
(project owner)
(Owner's address)
(Owner'a contact. person)
(project completion date) (contract value) (p}lonc) (emall)
(project name:)
(projectImittion)
(project description
(project completion d;lte)
(project towner)
(Owncr's address)
(0lvner's contnct person)
(contract value) (phone) (elnail)
5olloltation 19.7462
(titlo)
(title)
Company: Au, , W g m s �h3� ltY�� � �a �11� � • p
Si
gnatttre:
C1� Date: U.
Q1912018 10:44 AM
Collier County SolirltaTion 18-7462
FORM 6 • TRE NCH SAFETY ACT
Bidder acknowledges that included in The various items of the bid and in the Total Bid Pri4c arc costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identities the cost To he summarlmd below:
Trench Safety units of knit Unit Extended Co.
Measure tvlcasure gkmWT Cas
fDesciiUti(LF,SY}
1. 5LOIPC F
2. -
3.
4.
5.
TOTAL. $_
Failure IQ camptete the above may result in the Bid heiitg declared non-responsive,
Company: W Ai .� r Y—l) a .
s ignmurc; l�utc;
P. i 2
81912016 10:44 AM
Collier County
FORM 7 -DID 13OND
Soilcltation 18-7484
KNOW ALL. MEN BY TIIESE PRESENTS, that we All Webbs I Elly rises Inc, jupiteq, Florida (herein
after called tho Principal) mid North American Specitilty Insurance Com an (h(irein called the Surety), a cQtpot'AtiQn
chartered olid existing under the lnws of the State of Nc v�val&lre with its principal offices III the city or 0yQrlaLml Pork 1<snsas
and at+tliorized to do business in the State of rlorida _ are Held and firmly bound unto tic
Caller Count - Procurement, Nn les, rinrida (Itereinatter called the Owner), in the full and just sum of
Live Per Cont of the Amuuut of the Bld-------------------- dollars ($ 5% of the laid Aitiaunt good and lnwft,l honey or the United stales
of Aniericv, to be paid upon detnnnd of the Owner, to which paymeni well and truly to be oracle, the Principal lend the sturdy bind
themselves, their heirs, rind executor's, administrators, and assigns, jointly and severally nod firmly by these prescnls•
Whereas, the Principal is about to submit, or has submitted to the Owner, A Did for furnishing all labor, materials, equipment and
incidentals accessary to furnish, install, alict fully complete the Work on Ilia Project hllown as Bid No. 18-7462 Constrtiction 4f
TAniia int Well 39.
NOW, TI ILREFORE, if the Owner shall accept the Bid of the PRFNCIPAL and the PRINCIPAL shall enter into the requieed Agr'aenient
witli the Owner and wilhin ten days alter the date of a writteli Notice of Award in accordanoe witli the terms of such Bid, and give such
bond or bonds in an aliolult of 100% the tolltl Coliti ict Amount as specified in the Bidding Documents or Conknict Docaliients 1V1111
good And sufficient surety for Int: flithful perfonnnnce of the Agreement and for tile, prompt payliicat of labor, materials slid supplies
furnished in the pr'oseeation thereof or, in tile, event of the failure of tiie PRINCIPAL to enter into Stich Agreement or to give such bond
or bonds. and deliver to Owner the required certificates of insurnnce, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of
$ 5% orT614 noted above as liquidated daniages, and not as n penalty, as provided in the Bidding Documents, then this obligation
slisll be nil I anti void, otherwise to remain in full force and oft`1w.
IN TESTIMONY Thereof, (Ire Principal and Suint, have. caused these presents to be duly signed and roiled this 2001 day al'
September , 20 19 ,
Principal
13Y (Seal)
By,
Cotillter:
Appointed Producing Agent rot'V i�l��,'rh A marir�n .Slier nsurance C4tumay _
surety
($epi)
Upott notification that its Bid has been awarded, the Successful Ridder will execute: the Agreement Form ntiachcd to the Bidding
Docume:lits wilhin ten (10) calendar days slid deliver the Surely Bond or Bonds and hlstlrnnce Certificates ns required by the Contract
Documents. The bid socurity attached is to became the property orthe O%Vaer in the event (lie Agreement, insurance Certificates and
Bonds are not executed and delivered to Owner within the time above set forth, lits liquidated damages, for the delay and additional
expense to the Owner, it being recognized that, since time is of tine essence. Owner will suffer financial loss if the Successfirl Bidder
fails to execute and deliver to Owner the required Agreement, Insurance Certiricnies and Bonds within the required time period. In
the event ofstich Wkire, the total amount of Owner's dailages, will be difficult, ifnot impossible, to definitely ascertain and quantify.
It is hereby ngreed that it is appropriate and fair that Owner receive liquidated dnninges from the Successful Bidder in the event it
tails to oxecute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives slid relinquishes any rigilt which it may have to seek to characterize the above noted liquidated damages as a penalty,
whioh the parties agree represanta, a fair and reasonable osti mate of Owner's rental danrnges at the time of bidding if tile, Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely shiner.
Upon receipt of the, signed and approved agreement and Purchase Order, tine undersigned proposes to commence work at Ile site
within five (S) calendar days from the caintuenallieut date stipulated in the written Notice to Prnoeed unless the Project Manager, in
writing, subsequently notities the Contractor of n modified (later') coumiencenient date. Tile undersigned fiirthcr agrees to
substantially complete all work covered by this Bid within Two Hundred Seventy (270) consecutive calendar days, computed by
excluding the commencement trate and including the last day of such period, and to be Iltlly cgmpleted to the point of prior acceplahice
by the Owner within Thirty (30) consecutive cnlcndnr days alter Substantial CotinpletiQn, computed by exc6uding commencement
date rad including tine lzist day of such period.
U
8)91201810:44 AM Q t3
Collier County
Sollellalion 16.7462
RespeatrIjIly Submitt
State of f�
County of �k C-
, being first duly sworn on oath deposes rind snys
that ilia Bidder on the above Bid is organized as indivaled rind that nil statmmits herein mado are made oil behalf of such Bidder and
that this deponent is authorized toamike them.
PSV T=0 W e36 1--t_-_ _ , naso deposes and snys that it has examined and ctu'efnlly premed ifs
Bid from the Bidding Documenms, including the Contraot Drmuings and Specifications and has checked the snare in detail before
submitting this laid, Il1nt the statements contained heroin are tate attd correct,
(a) Corporation
The Bidder is a corpollttio Pt'ganized and existing kinder the lam of the State of t Lo -1 D•r , which operates under the legal
name of L 6 3S 6A) 'T C 1: S- Z and the full names of its oft'icers arc es fbllows:
President
Secrelnry t J
Treasurer
UTcir Pf- /Manager --
The O -x C fk 1:; is authorised to sign construction bids and contracts fob' the Colllpalty by nc0011 of its
Board of Directors taken A LK, % Y 7,O a certified copy of which is hereto attached (strike aut this Iasi sentence
if not applicable).
(b) CO arlucM.
Tho Ridder is as co-portnership consisting of individual partners whose fldl names arc as ('allows;
The co-pnonorship does bL13111eS1 under the legni name of,
(c) Individual
The Bidder is an individual whose full name is _ _ , and if operating under o wade flame, said
trade name is
G0111plate for information contained in (n) Corporation, (b) Co-Pnrtnership or (c) Individual fl•om previous page.
DATED
Witness
Wimess
STATE OF
*9111MV9614
Legal Entity
BY:
Name of Bidder (Typed)
Signature
Title
The foregoing instnulnent Nuri acknowledged before 1110 this day of
, as _ of
corporation, on behalf of the corporation. �f le/she is personally known to n1a or
ns identification and (lid (did not) take an onih
My Commission Expires:
(Slgnnuu•c of Notary)
INAY N
(AFFIX OFFICIAL SEAL)
8/0/2018 10:44 AM
(Legibly painted)
Notary Public, State of
24 y by
R
has produced
SWISS RE CORPORATE SOLu'rif7NS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL 1NSURANCI31,COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER 017 AT ORNEV
KNOW ALL MEN BY THCSL PRLSENTS,'I'HAT North American Specialty Insurance Colnpmly, a corporolion (July organized and oxi0ing under
lalvs Oflhe Slide orNe1Y Hantpshira. Inld haying ifs principal office in the City of0verinnd 11lu'k, Kansas and Washinglatl Inlernaliuml Insurluluc
Company a corporation organized and existing %order tllc imvy Orth` State arNew Hampshire anti having its principal Office in the City ol`Ovurland
Park;, Kansas, mud Wcslpurl Insurance Corporation, kivannizod under the laws orthe SLAto Ormissouri, gild having its principal office in Lha City of
Overland Park, Kansas ench docs hereby make, constitute and appoint'
JOSEPH D, JOHNSON, JR,, JOSEPH D, JOHNSON 111, BRETT A. RAGLAND, and FRANCIS T. O'REARDON
JOINTLY On. SPYERALLY
IIS true and Iawilil Atior'lley(S)-iii-1-41 1, to make, um;ute, said mid deliver, r❑rand on its behall'od as its act and (iced, bands or other )vrlLilies
obligatory In the nnnlre of n bond on halmlf oreach of said Companies, as surety, oil contracts ofsllrelyshlp as lira or may be reryuired or pri'mIllod by
Imv, reguialion, coulruct or otherwisa, provided Mat no band Ill' tntdermkIag or cnnlruct or suralysillp cxccttted under this ituthorily snail exceed Lite
amount aC ONE HUNDR13D TWENTY FIVE MILLION ($ 125,000,004,00) DOLLARS
This Paver ol'Atlorney is granted and Is sigllad by I'uusimile under and by ilio milhority orthe I'ollowing Resolullons adopted by talc Roartls of
Dircc(ors al' Norlh American Specialty Itlsllmlice Compnily and Washington Intornallonal Insurance Company al meetings duly milled and held
all much M, 2004 and Westport Insurntlue Corliorntian by written satnsulL of Its Executive Cnnlnlillee dalcd July 13, 2011,
"RESOLVGD, that any im pl'lho Presidonl, tiny senior Vice President, ally Vice President, any Assistant Vico President,
lhtl Secretary or any Assistant Secretary be, and cads or any of them Inewby Is milhoriud to ex4ctJIC It Power ofALLorney qualifying the atlorney nomad
is the given POwur of Attorney to exeeutc on bcfitilruflho Company bonds, undertakings and all contracts ol'surety, and that catch or uny u1'lhaiu
hereby is 101111orired to ntlest. to the execution of tiny suds Power ol`Adarncy and to attach therein the seal of the Catnpany, Altd It Is
FURTHER RESOLVED, that the signature ursuch otlicers and tho stall of the Conlilnuy nlay be alllxed to any such Power orAllarncy or to any'
Cortlficute relating thereto by fticdinile, and any such Po)vgr ol'Allorlley or certificate Ueltrlllg+ sucil r4tc9il11ile signatures al' fincsimilo sent shall Uc
binding upon the Company WIM) so affixed uutl in lite future with regard to eny band, uu(leriaking of conlmel ol'surety to %Aliclt 11 is tlitttched."
.�tdlunnrltrrfifi 'w10 laex, MIMI
�� 1hU7Yr 4y,� p31t)MAt f,I, �,�?fip
a� c'°�Po �}sr.'� ti��f•tf,l�rsG �Y a s w .�,%�+tir�
�.rt]f'• r tir�i
'�L 'rr rll 4 til I ti; un n CrnM1 nnM1 Ilr,lrpnee G'hlll all ! EAL
�' SEA_ {
• 1Qpa s � �� t & Ssnlor Vlet Prrtldrnl of 11'l�IpVr{ Inmr,nxt Cdrpergtlou
By
1
!!llffrllll•lallh�� j1 ro14., Oj!ptlNd,Iia,SrnPorWeeprddnlaefYnUHenmamloll%%+N+riltreColnprny
Uep,irJur stlda'1'Irc prtruret Orr'iaill Amefk- sl,hrlillly Illnquxnre ten,ggly, finlalillR`
l4 sel lar 11I1r I'mideln of willpar'r lnsulmur Carllm'Ailor!
iN WITNESS WHk.REOF, Nortll Americnu Specially InSurnncO Company, Washinglea IL00111t!Olin I Insurance Compnny and Wesipurt
lllsurmlo Corporation have caused lliciroilicial scalls to be beriunto tlffimi, wad those presents to be signed by their Inithorked or ieers this
this 22 day or ,JANUARY , 20 18 ,
North Alllcricau SpecIA11y 111213rnucc Company
washington Iuteralltional lnsar111nce Company
Stale of lilillois Westport Insurance corporoliiou
County of Cook Ss'
Ott this 22 dily ar JANUARY 20--1 S. llcfore tnc, it Notary Public personally appeared Stdverl P. Anderson , Senior Viue Presldcnt of
Washii)gioa International insurance Cam any and Scnlor Vice Presidont ofNorlh American Spuainhy Insurance Comimily mid Senior Vice President of
Wastpoll Insnlrpnue Corporation nod Ito Senior VIC* President of Wnshinglon lritcrimdnu.al Insurance Company and Senior Vice Lresident
of North American Spookilly lilsllrtlnce Compolly and scilla%' Vice P[Csidollt of Westl)art hisuriillce Corporation, personally known Io ore, %vie
being by me duly sworn, nckaalvtodged Lllat they signed tilt abOVe POwer of Alloracy as officers al`uad acknowledged said inslrtununt to be tha
vuluulnry not and decd of ibeirraspeciiye compnilics.
USM` Nfififf { "�
,
No V putnrc • �Inra til lmhn,k
M. Kenny, Notary Public )
1, Jeffrey Galdbera _, Ilia duly elected Vico President and Attistant Setrctnry of North Americlm Specialty hlstirnoce Company, WasltingWil
lilwmatiolull Insurance compnlly Bad Westpol't Illslll'ance Corporation do hereby eottify that the nbove and roreballlg IS a true inld correct copy Uftl
Power Of AIL01'liey given by said North American Spocltllly I1nsurnitee Compnny, Wilillingloll Inlernnllallal Insurance Company and WLstpori hiAlrnllee
Corporation which is still to full I''MC and cftilat.
IN WITNESS WI•IF..RHOF, I hava set my hand rmd nffl.Kc(i talo 5c"Is of the Companies IIIINIA of r l+Y> 20 ig .
Jrfff+Y Gnld6ary Vice Net tow A A,aim-1 shera.vyor WMIllu til Ixicmalielnl Inlurr+lGt Cn,np�gY A
No,th Am@ Ion 9prolpl,y rn"u+uuaCallrgwrY & Viet I'Midcln A 651 Simi of wV61pon I+Inuu,eo Cnry,alaliml
Collier County Solicitation 18-7462
I"
�....o" eY C01444ty
Administrative Services Department
Procurement Services Division
FORM 9 - CONFLICT Or INTEREST AFrIDAVIT
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 fmi has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical
direction for the procurement) which appears to skew the competition in favor of my firm.
Impaired objectivity -The firm has not performed work on an affiliated past or current Collier County project identified
above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to
render impartial advice to the government.
Unequal access to information -The firm has not had access to nonpublic information as part of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor/ vendor must provide the following;
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), dOComenl(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
Firm:
Signal
Print Name:, 0 -1 -cc -
8/9/2018
=} 0 C B � 7A
y
Title of Signatory! -1-C C
0/9/2016 10:44 AM
Collier County Solicitation 18-7462
Co[ r county
Administrative Services Department
Procurement Services Division
FORM 10 - VENDOR DECLARATION STATEi•IENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a
formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation
pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation, Further, the
vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a
proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result 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 Tux
Identification Number
*CCR # or CAGE Code
"Only if Grant Funded
Telephone:
E,JRXSFS
3oq COMMC-QcE C�,414
�UPzTEtz FL 335
59 ).4 '76`-f
S-6I)-1gG- �La-n
Signature by:
(Typed and written)
Title:
6/9/2016 10:44 AM P 19
Send payments tu:
(required if different from
above)
Contact natna:
Tide:
Address;
City, State, ZIP
Telephone:
Collier County
Additional Contact Xnformaitan
Company name used as payee
Email:
Office servicing Collier
County to place ordors
(required If different fintn
above)
Contact name:
Title:
Address: `
City, sate, ern
Telophonc:
E'muil:
secondau•y Contact fot this
salicitation:
Email:
Phone;
E11912418 16;44 AM
solldiation 18-7482
Collier County Solicitation 18-7462
Coltier County
Administrative Services Department
Prccurement Services Division
FORIVI II - IMMIGRAT'ION, ArrIDAvrr CERTIIRCATION
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation
Submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at
the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify
Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company, failure to include
this Affidavit and acceptable evidence of enrollment in the E -Verify program may -deem the Vendor's proposal is non-
responsive.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act ("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such
Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are folly 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 Vcrifieation 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 ALL Uj6S'3S Cnl'CER?e�-TSCSI) yr,)C.
Print Name Niy C ) Title
SignatureDate 9
-o
State of C L
County of VA L I M
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.
���NICHOLAS LEE
Commission No.: 3+° ^s Commission H FF 982474
i* <€ My Commission Expiros
Wit 14, 2020
�I(1111 I,�R
TU
8/912018 10:44 AM p. 21
Collier County Solicitation 18-7462
Co ler Corinty
AdminsUaU�a Ser,ices Dep3r6nent
Prw;weinerir Sarices Di+rs'.ar
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 companies who do business with the County (including social security numbers
if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county
notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated.
Please complete all information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name A L 4— 1,1J k7— ter`' c=` ` -P—
(as shown on income tax return)
Business Name (if diff rent fi•omtaxpayer name) T
Address 'O 9 E o s r^. F R -C G W M City
State I L Zip 33 If
Telephone 50 -74 -ad79 Email &LtJC—Bt3 ESSS• car►
Order Information (Must be filled out) Remlt / Payment Information (Must be filled out)
Address 3 ®tj CDC^ MCIRGt= 01"d— — Address 3199 C of*kM ERC E U)/I Y
Cityi� 0- State Zip 33SFJ City t1P �"�(� State rL Zip, 33
Email di W E Y5.QAo wu?s5 . c ot'n I EtnaiAt, waas @ AL-Liw s s . C -o rn
2_ Company Status (check only one)
Individual / Sole Proprietor Corporation _Partnership
_Tax Exempt (Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC G Enter the tax classification
501 (c) 3) (D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) aJ
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award).
4. Stun and bate Form: Certification:
Unde
rpenalties of perjury, I cern ' "that the information shown on this form is correct my knowledge.
Signature — Date
Title Phono^ umber
T
p. 22
819/2018 10:44 AM
Collier County
Solicitation 18-7462
"TORM 13 - BIDDERS CHECKLIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your, Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc, have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed in Bidsyne:
1. Construction bid instructions form
2. Construction services agreement
3. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed
Vendor Declaration Statement (Form 10)
1.
2,
Bid Form (Form 1)
Contractors Key Personnel (Forte 2)
11,
Immigration Line Affidavit Certification
3.
4.
Material Manufacturers (Form 3)
List of Major Subcontractors (Form 4)
12.
(Form l 1)
Vendor Substitute W-9 (Form 12)
5.
Statement of Experience (Form 5)
13,
Bidders Checklist (Form 13 — this form)
6.
'french Safety Act (Form 6)
14,
Business tax Receipt (Collier County
7,
8.
Bid Bond Form (Form 7)
Insurance and Bonding Requirements (Form 8)
15,
Businesses Only)
Signed Grants Provisions Package (if
9.
Conflict of Interest Affidavit (Form 9)
applicable
9, Copies of required information have been attached
1. Company's E -Verify profile page or memorandum of understanding
2. Certificate of Authority to Conduct Business in State of Florida
3. Any required professional licenses — valid and current
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been
submitted.
11. Any addenda have been signed and acknowledgement form attached and included.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise
the Bid cannot be considered.
ALi W CHS C1�'C QTR 5 E5 SNC .
Bidder Name
D�� Qzc.e
Signature ffTitle v"s u C OT
Date
■
p. 23
8/9/2018 10:44 AM
Company ID Number: 367646
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
5i t r
��, IIIuu
The parties to this agreement are the Department of Homeland Security (DHS) and the
All Webbs Enterprises, Inc. (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE 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 DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verify access only to current employees who need 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 1 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
S
Company ID Number: 367646
4. The Employer agrees to become familiar with and comply with the most recent version of the
E -Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E -Verify cases will
complete the E -Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E -Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List 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 E -Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E -Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(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 Employers I Revision Date 06/01/13
N
Yj
3 /r.
}} Y
Company ID Number: 367646
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. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E -Verify.
9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E -Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E -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 Employer agrees not to use E -Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User
Manual does not authorize.
11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.13 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.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
1 1 l'. �II[III
Company ID Number: 367646
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E -Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information 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 DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify(cD_dhs.gov. Please use "Privacy Incident— Password" in the subject line of your email when
sending a breach report to E -Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E -Verify mou for Employers I Revision Date 06/01/13
i t r
.➢ X32 '�'� ��,� �.
Company ID Number: 367646
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 MOU does not
mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without 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
DHS/USCIS (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.
B. 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 "employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer
may not create a second case for the employee through E -Verify.
a. An Employer that is not enrolled in E -Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E -Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
b]
E-Verffv
' r iil�ull
Company ID Number: 367646
b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E -Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E -Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E -Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify
case for an employee assigned to a contract as long as:
i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
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 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
I
E-Verify________**'
Co
ID Number: 387648
Article 11,0,5, but reflects documentation (such as a U.S. passport or Form 1551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual.
g. The Employer agrees not to require a second verification using E -Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article,
3_ The Employer understands that 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. RESPONSIIBILITIES OF SSA
1, SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E -Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C, 1306(a)), and SSA regulations (20 CFR Part 451).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E -Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee_ If the employee does not visit SSA in the time allowed, E -Verify may provide a final
nonconfirmation to the employer.
Nate: If an Employer experiences technical problems, or has a policy question, the employer should
contact E -Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1, DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a, Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E -Verify mou for Employers I Revision Dale 46101113 Tu
E-Verify
Tr
Company ID Number; 367646
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E -Verify process.
3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an
E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E -Verify.
4. DHS agrees to train Employers on all important changes made to E -Verify through the use of
mandatory refresher tutorials and updates to the E -Verify User Manual, Even without changes to
E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials,
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S, Department of Justice,
6. DHS agrees to issue each of the Employer's F -Verify users a unique user identification number and
password that permits them to log in to E -Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E -Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
& 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 10 Federal Government work days of the date of referral to DWS, unless DHS
determines that more than 10 days may be necessary, In such cases, DHS will provide additional
verification instructions.
ARTICLE til
REFERRAL OF INDIVIDUALS TO SSA AND DHS
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 MOU for Employers I Revision Data DB101113
1
Company 14 Number: 367646
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.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B, REFERRAL TO DMS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E -Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative 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 DHS, the Employer will instruct the
page 9 of 17 E -Verify MCU for trmployers I Revision Date 48101113
Company 10 Number: 367646
employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally,
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by.
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
E=mployer must forward the employee's documentation to DHS as described in the preceding
paragraph, The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8_ DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1, SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1, This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
Page 1a of 17 E•VerHy MDU for Employers I Revision bale Oe/01113
Company ID Number: 367646
S. TERMINATION
1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E -Verify procedures andfor legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E -Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E -Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E -Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor($), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DNS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees -
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MDU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E -Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 17 E -Verity MOU for Employers I Revislon Date 46141113 �
E -Verify --
Company ID Number: 367546
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 MDU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E -Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E -Verify at 1-888-464.4218.
Page 12 of 17 E -Verify MOU for Employers I Revision Date 06109113
Vri<va
Fy-
Company ID Number: 367646
Approved by:
a�
Page 13 of 17 E -Verify MDU for Employers I Revlslon Date 06/01113 ,
Company ID Number: 367646
Information Required for the E,Verify Program
Information relating to your Company:
All Webbs Enterprises, Inc.
Company Name
309 Commerce Way
Jupiter, FL 33458
Company Facility Address
Company Alternate Address
County or Parish
PALM BEACH
Employer Identification Number
592418764
North American Industry
238
Classification Systems Code
Parent Company
Number of Employees
20 to 99
Number of Sites Verified for
1
Page 14 of 17 E,Verify MOTS for Employers i Revision Date 06!01113
U
0.r.�i;j S. r•r
E-VeriFy
Company ID Number: 367646
Are you verifying for more than 9 site? If yes, please provide the number of sites verified for in
each State:
FLORIDA 1 site(s)
Page 15 a1 17 E -Verify MOU for Employers I Revision date 06104113 1 q 1
Company ID Number: 367646
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name Nick Lee
Phone Number (561) 746 - 2079
Fax Number
Email Address nick@allwebbs.com
Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
E-Ver-Ify -------------------
1 ul„
Company ID Number: 367646
Page intentionally left blank
Page 17 of 17 E -Verify MOU for Employers ► Revision Date 06101113
2010 O ID O C
o0CUMENT# G53896
Entity Name; ALL WEBSS ENTERPRISES, INC,
Current Principal Placa of Business:
309 CoHIMERCE WAY
JUPITER, FL 33458
Current MaIling Address:
309 COMMERCE WAY
JUPITER, FL 33458
FE(Number; 59-2d18764
Name and Address of Current Registarrad Agent:
WEBB. DAVID %
942 DOLPHIN DRIVE
JUPITER, FL 33488 Us
FILED
Jan 16, 2018
Secretary of State
CC8110632819
Certificate of Status Desired; No
rho et}aua nerved errfrly auhmlra INS shuament for tha purpose orchangrnp Ila regUared afifa6 or fagrafurad agent, or 6ofh, fn the 51u0e or✓ levido.
SIGNATURE: pate
Eleclranlc Slgnstura of Reglstored Agent
officsr/Director Detail I
Title P
Narne WE813, OAVID W.
Address 902 DOLPHIN DRIVE
City-Stale•ZIp; JUPITER FL 33458
T1tle VF
Name WEDO, DAVID W. JR
Address 2941 B. COMMUNITY DRIVE
Clty-Stake-Zip: JUPITER FL 33458
TI41a ST
Name WEBB, DEBORAH C.
Address 902 DOLPHIN DRIVE
Cliy-stato-Zip: JUPITER PL 33458
vadv
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SIGNATURE; DAVID WEBB
Datc
Cleclrorlie Signature or Signlna mer/Director Detail
1012812018 Detall by Entity Name
DIVISION OF G0r,*I?0TjAi'10NR
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67�taa[Sa�nt..olltta 1 t7ly}tgpnorattans I >A9rM.8=zrdR I t24t,Ill-fir nacumant_M1lumb I
Detail by Entity Name
Florida Profit Corporation
ALL WEBBS ENTERPRISES, INC.
ElIng a&ta atian
Document Number
053896
FEIIEIN Number
59-2418764
Date Filed
08/11/1983
State
FL
Status
Address
ACTIVE
Princlpa
309 COMMERCE WAY
JUPITER, FL 33458
Changed: 03/11/1988
Mailing Address
349 COMMERCE WAY
JUPITER, FL 33458
Changed: 03111/1988
R9912tered Agent Nie S Address
WEBB, DAVID W.
902 DOLPHIN DRIVE
JUPITER, FL 33458
Name Changed: 08129/1984
Address Changed: 02/07/1991
officer/Director Detall
Name & Address
Title P
WEBB, DAVID W.
902 DOLPHIN DRIVE
JUPITER, FL 33458
Title STS
WEBB. DEBORAH C. '
http:llsearch.sunblz,crgllnquirylrorporalionsearchlSearchResult0etail7inquirytyp"EntityName&dlrectlonTypa=lnitlnl&searchNomeOrder=ALLWEBBS... 112
10(2812416
902 DOLPHIN DRIVE
JUPITER, FL 33458
Title VP
WEBB, DAVID W. JR
2961 E. COMMUNITY DRIVE
JUPITER, FL 33458
Annual Rem
View Image In PDF formal
Deport Year
Filed Date
2096
0312812016
2017
0310912017
201 B
01/1512018
2aOLMMI3.]!] al
01116/2010 --ANNUAL. RF-P+aRI
View Image In PDF formal
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03f2W2Dj--ANNUALSERQHT
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State q1"Flopidcc
Dej)(I,Ptnient afState
I ceVti Cy CrOm the records of this Office that ALL WEBES ENTERPkISES, [NC:,
is a carperatioli argot:sized tinder the Ittrvs of the State of Florida, filed on Aticrust
11, 1983,
The document nurnber oCthis corporadon is 053896,
1 N1111er certify thatsald corporation has paid ai( fees dile this office titrough
L?curnber 31, 2015, that its most recent ant71.1al reporClurliform business report
was filcd an Nf€ll•clz 19, 2015„ and that its status is active,
I ftlilhal'certify+ that said corforation has not tiled Articies of DiSSOILltion.
f Trii0ing Number: CC 1531444390
Cluej( ranter rlry llruttl and th0
ONO Seryl of the Shile, Erf Floritto
at Talkhamee, the eirpitrrl, this
lire Muefer"rtth dhry of t1 areh, .7013
Secretary of State
To nutlieriticrite this cerllrm la,vlelt the roliolrin; $11center this cumber, liml Men
Follow Zhu lnslruetlons displayed.
I+ItImUlfrvlcey,sunblx.arglFlthtgslGertllicnte015l.rlUefCertlflealr.�ulhenlicit Hon
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
Pursuant to Chapter 404, Florida Statutes, and Chapter 64E-5, Florida Administrative Code (F.A.C.), and In reliance on statements and
representations heretofore made by the Ilcensee designated below, a license Is hereby issued authorizing such licensee to receive,
acquire, possess and transfer the radioactive material(s) designated below and to use such radioactive material(s) for the purposes) and
at the place(s) designated below. This license is subject to all applicable rules, regulations and orders of the state of Florida, Department
of Health now or hereafter in effect and to any conditions specified below.
Licensee 1 3, License Number: 3973-1
ALL WEBBS ENTERPRISES, INC.
is hereby renewed in Its entirety
i, Name;
with reference to application
P
dated June 19, 2017,
L
.il�. ..1... ..'AJ
`•4, Expiration Date: 713 112022
z 309 Commerce ttltay�{
Address:
Jupiter FL 3 '45�, r,����'}5.
Cates(r 31(1)
�r ,�j��•.w_' r-�1'`�•,T�ti� -,y�_,wg�. �r"�c,�'
t��''� �'1.
�'r7r
�,��x{��"
6. Radioactive Material7. ChemCcal.AndlorPhyslcal Form
6. Maximum Quantity Licensee
May Possess At Any One Time
(elemeritand mass number) :
A -5'0imillicuries
A. Iodine 131
9 Authorized Use ' ""� "•• •
14
ec . coo ogyeN c�§= Eric: Pa;rrtbECs;Q5,0-f=0:0}3-0000-R 1 and
A. To be, used in _ s rface
t' �`z :�6'"rria orized j66tor.: op[sfor.tfi r�ar�ce of subsurface
050-FO304-0000-R . 1 `1.�. r.4 perfQr ,
studies. .z:°` ••r -;� :_ . • y_„,fi.`}y,.s ,
tracer_;',;r• Va=t
CONDITIONS '
10, A. The authorized p4ce of use s�ialla�e.:ferrtpor r710 .'Slt ,&of the licensee throughout the
state of Florida, This earidition d'oevrlot pr0 !bit'-”" In other agreement states and
states under the jurisdiction-`afctkie lJ,S. Nucl at=E;egulatory Commission (NRC) under
reciprocity N/hlch has been approvecf'By th''a NRC or an agreement state,
B, The authorized place of storage is the licensee's facility located at 509 Commerce Way,
Jupiter, Florida, 33458.
License Number: 3973-1 LICENSEE COPY Catagory: (31(1))
Amendment No.: 3
Control Number: 20170620-0959 Page 1 of 3 Page(s) Expiration Data; 713112022
N
!!ISiJr'1\,`iCE;5l,l;i�:'PY ti1C1�`i0:,JOHN, ON
c;, ta;41 r•�1 r•j��
Pinellas County Board of
County Commissioners, Florida
Re: All Webbs Enterprises, Inc.
Jupiter, Florida
To Whom It May Concern:
We are the Bonding Agency for the above contractor and issue bonds for them through North American
Specialty Insurance Company, North American Specialty Insurance Company has an A.M. Best's rating
of A+: XV in the most recent edition of the Best's Guide.
The bonding capacity of All Webbs Enterprises, Inc. is $10,000,000 for Single Projects and an Aggregate
limit of $15,000,000.
Larger jobs and workload would be considered on an individual basis. Any bonding commitments are
based upon the account continuing to meet certain underwriting criteria.
If you have any questions, please feel free to contact our office.
Yours very truly,
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
p . Johnson, JL—__ D
Attorney -In -Fact
JDJjr/jhb
P.O. Drawor 672 , Orlando, FL 32802.0672 - 801 NI. Orange Avenue, Sulte 510 , Orlando, FL 32801-5202 (407) 843-1120
(800) 331-3379 - FAX (407) 843-5772
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
David Webb Jr.
Personnel Cateaory
Construction Superintendent
David Webb Jr. Project Manager
10
Construction Services Agreement, Revised 072118
EXHIBIT B-1: PUBLIC PAYME=NT BOND
18-7462
Bond No. 2252398
Contract No, 18-7462
KNOW ALL MEN BY THESE PRESENTS: That All Webbs Enterprises, Inc.
309 Commerce Way, Jupiter, Florida 33458 as Principal, and
North American Specialty Insurance as Surety,
located at 5200 Metcalf Avenue Overland Park Kansas 6 (Business
Address) are held and firmly bound toThe Board of County,Comm. of Collier Counly, FL as Obligee in the
sum of One Million, Three Hundred Twenty -Seven Thousand Fifty _($1.327.05n.0n )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 18 with Obligee for Golden Gate T mi mi - in
Contract No. 18-7462 __ _ accordance with drawings and specifications, which contract is
incorporated by reference and made a park hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255,05(2), In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants,
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 18 , 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
STATE OF FCO (L T--0 A
COUNTY OF LM "C H
1NION 1►us] IU_1I
All Webbs Enterprises, Inc.
BY-
NAME: 3�2
ITS:y 11 CC FR 11)Es-r
711
The fore oing instrument was acknowledged before me this IS da of B+ 2Q /�,
byy A� W03B T12 , as U?cC ' 6-65ZOE^ji" of
HLL w 3B5 E-37 6 VA -r_5 ES ca 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:
Lily,
'
NICHOLAS LEE
"=
as
Commission # FF 982474
NAME
My Commission Expires
���IF'FF O+tti
(11511,
April 14, 2020
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of kOP_z_0.�
Commission No.: rr- ci9 a '74
SURETY:
North American SUecialty I nsW ra rice -Company
(Printed Name)
5200 Metcalf Avenue
Overland Park,KS 66202-391
ess Address
(Authorized Signatur
(Printed Name)
12
Construction Services Agreement: Revised 072118
B
OR k
�/
As Attorney in Fact & sident Florida Agent
(Attach Power of Attorney)
Brett A. Ragland
Witnesses (Printed Name)
13
Construction Services Agreement: Revised 072118 d
C
801 N. Orange Avenue Suite 510
Orlando,Florida 32804
(Business Address)
(407) 843-1120 _
(Telephone Number)
STATE OF Florida
COUNTY OF Orange
The foregoing instrumentwas acknowledged before me this 14th day of November
20 18 , by Brett
A_ Ragland as
-in -Fact of
North American Specialty InsuranCe (env Surety, on
_Attorney
behalf of Surety. He/She is
personally known to me OR has produced
Personally Known
as identification and who did (did not) take an
oath.
My Commission Expires:
(Si ature)
July 12, 2021
Name: JoAnn H. Bebout
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: GG 088263
N H. BEBOUT
ission # GG 088263
E,aim
s July 12,2021
TT, Tay F* Insurance Sa3W7049
13
Construction Services Agreement: Revised 072118 d
C
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance
Company a corporation organized and existing wider the laws of the State of New Hampshire and having its principal office in the City of Overland
Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint;
JOSEPH D, JOHNSON, JR,, JOSEPH D. JOHNSON III, BRETT A. RAGLAND, and FRANCIS T. O'REARDON
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to ally
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
By ��R��C�
I eOo ¢
Steven n el',5011, enlor ICC re91 ent 0 a511I9tOn t1 CI'nnnona ttR11rance Company
& Senior Vice President of Nartrl American Specialty Insnronee Compmly '• o ��''spp o TI
do Senior Vice I'VeSidCrt of Westport Ilnllrall re CorpovAtion
By ......
& Senior Vice President of North Ames lean Specialty I119111'anCC ConlPany 11111
& Seninl' Vice President of Weslpm't Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed; and these presents to be signed by their authorized officers this
this 22 day of JANUARY 20 1$
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook SS;
On this 22 day of JANUARY , 2018 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International hlsurance Company and Senior Vice President of North American Specialty Insurance Company and Sonior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OSFICiAL SEAL
M. KENNY
Nafiary Public Statr. n! IUinais
--=�--'
My Commission EMpilcls
1210�sp21
��
M. Kenny, Notary Public
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North Americvl Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insmanee
Corporation which is still in full force and cftect,
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals ofthe Companies this day of 20
Jeffrey GOldh0q, Vice PresidonI & Assislmzt Secrelay of Wuhiqon L7 ton, ationa] Insom'nnce Company &
North American Specialty Insurnnce Company & Vice President & Assistant secrelmy of Westyort Insurance Corpornlion
EXHIBIT 8-2: PUBLIC PERFORMANCE BOND
18.7462
Bond No, 2252398
Contract No. 18-7462
KNOW ALL MEN BY THESE PRESENTS; That All Webbs Enterprises, Inc.
Jupiter, Florida as Principal, andpan
as Surety, located at y
5200 Metcalf Avenue Overland Park Kansas 66202
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County._I=lorida as Obligee in the sum of
One Million, Three Hundred Twenty -Seven Thousand, Fifty and No/100 -------------------------------
($ 1,327,050.00 )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 18 , with Obligee for
Golden Gate Tamiami Wellfield Well No. 38. Contract No. _1.8-746? in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal;
Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obllgee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications,
This instrument shall be construed in all respects as a common law bond. It Is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not applyto 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,
14
Construction services Agreement: Revised 072118
(i)
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
,20 18 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
i9ithe presence of:
Anesses as to Principal
PRINCIPAL
All Webbs Enterprises, Inc.
BY:
NAME: ZD W E3
ITS: V ZCC 9k C5 TD E-1?
STATE OF �'�O Too
COUNTY OF Mbm V -,'} CH
11 �00E6ta�a
The foregoing instrument was acknowledged before me this 1J day of
20 i8 by � ft7- D �j EF 13 -Tk _ as
of R Lt_- W E �S N T/R IS �f �` c a
5 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:
-7 NICHOLAS LEE
^`
�, Commission # FF 952474
=* -
My Commission Exp+res
` ApfII 14. 2020
(AFFIX OFFICIAL SEAL)
ego11ir
In
WE
(Signature)
Name: �J LCq D LF S L E E
(Legibly Printed)
Notary Public, State of: �(_04T04
Commission No,: Ff q& -�- 4t74
15
Construction Services Agreement: Revised 072118
G
C3
ATTEST:
Witnesses as to Surety
Qaet��Zl
1 7 �
1�,,f1� a1.�r�vi. l�l�-► t��
Witnesses
STATE OF
COUNTY OF
FLORIDA
ORANGE
SURETY:
North American Specialty Insurance Company
(Printed Name)
5200 Metcalf Avenue
Overland Park, Kansas 66202-1391
( ess Address)
(Authorized Signatur
(Printed Name)
OR
As Attorney in Fact & F orida Resident Agent
(Attach Power of Attorney)
Brett A. Ragland
(Printed Name)
801 N. Orange Avenue Suite 510
Orlando, Florida 32801
(Business Address)
407 843-1120
(Telephone Number)
The foregoing instrument was acknowledged before me this 14th day of November
20 18 , by Brett A. Ragland , as Attorney -in -Fact of
North American Specialty Insurance Company a _ New Hampshire Corporation Surety, on behalf of
Surety. He/She is personally known to me OR has produced
Personally Known as idedfi ton n ho did (did np�y to oa
My Commission Expires:
July 12, 2021 (Si Lure)
(AFFIX OFFICIAL SEAL)
JOANN H. BEBOUT
Commission # GG 088263
as Expires July 12 2421
Bonded Tim Troy Fain lnswance 8663857018
Name: JoAnn H. Bebout
(Legibly Printed)
Notary Pubiic, State of: Florida
Commission No.: 00088263
16
Construction Services Agreement: Revised 072118
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN S:PECIALT'Y INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland
Paris, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint:
JOSEPH D. JOHNSON, JR., JOSEPH D. JOHNSON III, BRETT A, RAGLAND, and FRANCIS T. O'REARDON
JO]NTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of. ONE HUNDRED TWENTY FIVE MILLION ($125,000,000,00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
�Xo�1AL17'Y%
t;
SEAL
��' 1973 °"'
'u r7 .
y LAMP............ r
//��p� I kll4 ",\\
limb.
B
y .•� °
stews P, Anderson, &jjjGjr icepresident a ns 1 ngi,Ilternat ong aS111'tInCC Company t�4� A�Pya?
& Scnior Vies President of North Amer}can Speclalty Ittsnronec Compa»y 16 d Ski,
& Senior Vice President ol'Wesl port Insurance Corporation S
By
Mile A. Ito, Senior Vice Pcosident or Washington International Insurance Company •�*•
& Senim• Vice Presidentor Nortlr Auteriann Specialty Insur:vrce Company
& SenZ vice Presideal or Wasipart Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 22 day of JANIZARY 20 18 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 22 day of JANUARY 2018 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice Presidcut of Westport Insurance Corporation, personally known to me, who
heing by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL
M. KENNY
Note,pubrt; • State of 11111;ois
Myc{ aa'aiau`zi%ri"„ M. Kenley, Notary Public
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of'Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 20
Joffroy Goldberg, Vico President & Assisinnt Secretaly or WEtshin�ton International ➢rsumnee Company &
[Jorlir American Specialty Insurmice Company & Vice President & Assistant Secrolicy of Westport Insuronca Corporollon
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 cf 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
sha}l 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.
Coveragef pl 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 a
Construction Services Agreement. Revised 07211E
Should at any time the Contractor not maintain the insurance coverages required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverageLsl and charge the Contractor for such coverageDs 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 County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
18
Constructlon Services Agreement Revised 072118
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type
I. ® Worker's Compensation
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory
Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the
State of Florida is required. Entities that are formed as Sole Proprietorships shall not be
required to provide a proof of exemption. An application for exemption can be obtained
online at https://apps.fldfs.com/bocexempU
2. ® Employer's Liability
$ _11000,000_single limit per occurrence
3. ® Commercial General
Bodily Injuy 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 Contractual Liability.
4. ® Indemnification
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
ContractorNendor/Consultant in the performance of this Agreement.
5. ® Automobile Liability
$ 1,000,000 ` Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. ❑ Other insurance as noted:
❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of
the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per claim & in the aggregate
$I,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Cyber Liability $ Per Occurrence
❑ Technology Errors & Omissions $ Per Occurrence
19
Construction Services Agreement: Revised 072118 ot
Collier Counly Solleltation 18-7462
7. ® Bid bond Shall be submitted with proposal response in the Form ofcertifted 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 ofCounty Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
S. ® 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 must
current Best Key haling 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 lie is required to meet, The
same Consultant shall provide County with certificates of insurance meeting the required insurance provisions.
IQ. ® Collier County must be named as "ADDITIONAL INSURED" on the insurance Certificate for Commercial General
Linhility where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available for [lie benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly,
11. (3 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. 0 Thirty (30) Days Cancellation Notice required.
7127118 - CC
Cuntractoli Insurance 5taletnent
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..} j
Name of Firm _lAt' L `''GB -65 E07rI] ate _ 9��D
Contractor Signature
Print Name
Insurance Agency
Agent Name
81912018 10;4 AM
��r� TC
1L7('\ li a C ff f :f A),
Telephone Number —
OF
( c�o7) 6W?- c�gr6
C
20
Construction Services Agreement Revisad 07121!16 P. 17
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 Its
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating In
any way to the performance of the Agreement between Contractor and Owner, dated
20 for the period from to . This
partial waiver and release is conditioned upon payment of the consideration described above, It is not effective
until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment
to Contractor.
(3) Contractor agrees to indemnity, defend and save harmless Owner from all demands or suits, actions, claims
of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's (monthly/final] Application for Payment
No.
Witness
President
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY'
ID`S;
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me this _ day of
20�, by , as of
, a corporation, on behalf of the corporation. Helshe is personally
known to me or has produced as identification and did
(did not) take an oath -
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No,;
21
Construction Services Agreement: FteVl9ed 072118 kDj
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer
Owner's Project
Manager's Name:
Date:
Bid No.
Shelf be signed by an authorized
representative of the Contractor.
County's Division Name
-Design
-Signature: Date
to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended I)
Project No,
Submitted by Contractor
Representative: Name
Date:
Application Date:
Contractor's Name &
Address:
Payment Application No.
Original Contract Time:
Original Contract Price;
$
Revised Contract Time:
Total Change Orders to Date,
$
Revised Contract Amount:
$
Total Value of Work Completed &
Stored to Date:
$
Retainage @10%
through (Insert Date)
$
Retainage @ 10% through [insert
date]
$
Retainage @ —%
after Qnsert dale
$
Less Retainage
$
Total Earned Less Retainage
$
Less previous payment(s
Percent Work Completed
to pate:
%
AMOUNT DUE THIS
APPLICATION:
$
percent Contract Time
Completed to Date:
�a
Liquidated Damages to
Be Accrued
$
Remaining Contract Balance
$
ATTACH SCHEDULE, OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security Interests and encumbrances (except such
as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued
and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts
In this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in
advance of such Work.
Contractors Name
Contractor's Signature:
Date:
Type Title:
Shelf be signed by an authorized
representative of the Contractor.
-Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Professional's Name:
-Design
-Signature: Date
to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended I)
-Payment
Project Manager Name:
-Owner's
Si nature,
Date:
22 TU
Construction Services Agrooment; Revised 072118
EXHIBIT D lContinued► SCHEDULE OF VALUES
Pwleel Hemo1 Pmie a Numdor.
Wle:
Period To:
REM DESCRIPTION SCHEDUL150 WORK COMPLETED VANED TOTAL PERCENT BALANCE 10% _% TDTAL
NUMBER VALUE MATERIALS COMPLETH COMPLETE TD FINISH RETAINAGE RETAINAGE RETAINAGE
PRE110USAPPLICATIONS THIS $STORED tnduo+4n.} WTHHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
r Explanation for the two columns under Previous Appllcatlons- The Thru Date Is where you will place all Information until the contract Is complete unless a release or reduction of retainage Issue cat
into play. It this happens, all Information up to the date of the %change In retainage Is placed In the Thru Date column, information after that date Is placed In the Since Date column. This states
what has happened since the change In retainage.
23 O
Construction Services Agreement: Revised 072118
Exhibit D
(re%ntimipri) Stored Materials Record
24 t]
Constmdon Services Agreement: Revised 072118
EXHIBIT E: CHANGE ORDER
An electronic data entry farm may be found at:
hit :1/bccs 011SiteDirecto /ASD/Purchasin IFormsl/Forf-nslDefauit.as x
Change Order Form
Cantract 6:= Changefr',= Purchase Ord Erg!
Projactit:�
Contraetoffirrn Natne;
Project Name:
Project Manager !Jame
DepartmenC
Originel ConvsrL-ifVor:i Order Amount
Driairial SCC Approval pate; Agi:nda Item 4
Current 13CC AwovedAmount
teit t3CC Approval Date: A.f}i=nds ILBM#
Current ConvadW c(% Order Amount
SAA Contract !=xpiration Data (roister)
bullar Anvuntof thii Chanfle
#DIV;o!
Tot9IChange frcmoriginaIArnount
FIevised Ctxttract't^icre Order Tolal
1 S 0.00
0DIVIoll
Change from Grrreni SCC Approved Amouni
completion Date. Description of the Task(i) Change. and Rationale for the Change
Haticrta P(gct l� Original = Last Apprav+Ed= Revised Date
Date Completion Qaie Daft {IncJiaivia
G`s�''Ji)
pofDaysAdded E=7:1 Select Tasks ❑ Addnewtask[s) 0O letetask(s) O ChanOetask(s) I30tberimoNg.vi
Provide a response to the following: 1.Idetai4d and ipecifioexplanatlonirahonale of the requested chanfle(s( to the task(s) 2nd) or
the additional days added iif requestedj:2.)why this change was not inDludedIn the original contract; and, 3.j deicrlbe the Impact if
this chonne is not prooessed. Altaoh ndalonal information fiom the Deaton Professional and/or Contractar'rf ftfeded.
Prepared by, Dale:
Project tolzr3ger Name 3n-3eputmer0)
Acce0anct of this Ch snge Order j h g1i cons I.a utz a n10dirK4don 19 Cortmct 1 work order 10*ntif ie7 atrsve andwtil t,-- Bub)r:.l 10 211 tui` s arae
tenni and condanni as Conrairai in the COnf rad) work offer indicated iiboye. as fulyrai if the samewere stated im this Maeptarce. The
etljustmeri. rfany.rotheC4mraCtshalleaniiauteafull arid finalsettiamentsfanyandallclaimsofthtCORSrWorlVer}dsrlCORSultarm
peeion Prpftiilonal arlaing 00,511W retaled toth*Chsnot gel forth herein, includir a Ytaims for impad MICIOlay coats.
Aroepted by: Date.
pDniraclori Vandor,r BnsuAant! esiDr Flofessionaland Name of F irdt, ilprojeataDpliCa5lt;
Approved 6y- Date;
(Design ra esjianal and tfante of Fndi. d projjet 2pp1 eih el
Approved by' Dale'
Procuremem Prc4ss anal
25
r�
Construction services Agreement: Revised 072118
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 DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within _days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
26
Construction Services Agreement: Revised 072116
RESPONSIBUTIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 120
OWNER
By:
Type Name and Title
27
ConstWOon Services Agreement Revised 072118
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: , 20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents,
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date: _
YES NO
All Punch List items completed on —
Warranties and Guarantees assigned to Owner (attach to this form).
Effective date of General one year warranty from Contractor is:
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
As -Built drawings obtained and dated:
Owner personnel trained on system and equipment operation.
Certificate of Occupancy No.:
issued on (attach to this form).
Certificate of Substantial Completion issued on
Final Payment Application and Affidavits received from Contractor on:
28
Construction Services AgreQrrient: Revised 072118
10. Consent of Surety received on
11- Operating Department personnel notified Project is in operating phase,
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14, Other:
If any of the above is not applicable, Indicate by N/A, If NO Is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
By Con#ractor:
(Signature)
(Typed Name & Title)
By Design
Professional;
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
28
Construction Services AgreQrrient: Revised 072118
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT GE 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 small take field measurements and verity 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 small be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following; those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power,
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29 (j
Construction Services Agreement; Revlaed 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 (i) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDUL-E,
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
Conslructian 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 D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order,
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstandirg anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.B. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
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Construction Services Agreement, Revised 472118+.]
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request
or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever
is less. Such sum shall be accumulated and not released to Contractor until final payment is due
unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project
Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the
percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the
Owner's procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibik C, acknowledging Contractor's receipt of
payment in full for ail 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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6. 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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7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required, Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor,
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is Indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient Information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
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record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
35
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Construction Services Agreement: Revised 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
3259 Tamiaml Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Pubic 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 itsWork with all
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Construction Services Agreement: Revised 072118 UU
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors asset forth in Paragraph 12.2. herein.
9,2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole 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
compSetlon.
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 Exhibik EE 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
3
Construction Services Agreement: Revised 07211$ �
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, stripping 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 restwith the party making the Claim.
19.2 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
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other worm. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waivedany 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 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 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 B-3 to the Agreement.
39 �
Construction Services Agraeme* 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 1986 as located at 8 U.S.C. 1324, et §Lq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program,
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors ! Bidders are required to enroll in the E -Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contra ctor'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 Bidder/Contractor does not comply with providing both the acceptable E -Verify
evidence and the executed affidavit the bidder's ! Contractor's ra osal may be deemed non-
responsive.
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ConstrUCllon Services Agreement. Revised 0721188
�
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:J/www.dhs.goy1E-Ver1fy. 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. f=ailure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS,
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
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Construction 56NiC08 Agreement: Rev1s6d 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.
c�
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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 convenienoe and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.5 In the event (i) Owner faits to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19, TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. It Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
43
Canstruction ServiCas Agreement: ReViSed 072118 �'
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from ail defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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Construction Services Agreement: Revised 072118
9
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22,1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of Inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22,3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered 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 Contractors 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 (8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.5 Neither observations not other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential
45�
CanSIMCUDn SeFvIces 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 fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
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Construction Services Agreement: Revised 072118
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 maybe 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_
26. 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 charges 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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Conslruction Services Agreement; Revised 072116
7
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
48
Construction Services Agreement: Revised 072118 TO
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times 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 Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
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Construction Services Agreement: Revised 072118 TO
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre -construction conference) as may be directed by the Project Manager,
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completionftermination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #x5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at collie rgov.netlpurchasing,
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
50
Construction services Agreement: Devised 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. Ail 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
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
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Construction Services Agreement: Revised 072118
O
34.1 .3
Shop Drawing Submittal/Approval Logs
34.1.4
Equipment Purchase/Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost -Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As -Built" Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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Construction Services Agreement: Revised 072118
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS(a)-colliergov.net) whenever an employee assigned to Collier County separatesfrom their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
54 cg
Construction Services Agreement: Revised 072118
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
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
THIS EXIHIBIT IS NOT APPLICABLE
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Construction Services Agreement: Revised 072118
11.A.5
Packet Pg. 193 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 194 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 195 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
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Packet Pg. 196 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
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Packet Pg. 197 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 198 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 199 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 200 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All
11.A.5
Packet Pg. 201 Attachment: 18-7462 All Webbs_Insurance_11-16-18 (7321 : Award Invitation to Bid No. 18-7462 "Golden Gate Tamiami Well No. 38" to All