Agenda 06/25/2019 Item #16D 3 (#19-7579 Bus Shelters at Wiggins Pass)06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve a Construction Agreement on the award of Invitation to Bid No. 19 -
7579, for the Construction of Bus Shelters at Wiggins Pass to Coastal Concrete Products LLC d/b/a
Coastal Site Development in the amount of $94,400 and authorizing the Chairman to sign the
attached agreement.
OBJECTIVE: To bring existing Collier Area Transit (CAT) bus stops into Americans with Disabilities
Act (ADA) Compliance and install bus shelters and amenities to better serve passengers by providing
them a stable and covered area to wait for the bus.
CONSIDERATIONS: On March 27, 2019, the Procurement Services Department posted Invitation to
Bid (ITB) No. 19-7579 for Construction of Bus Shelters at Wiggins Pass. The solicitation incorporated
two (2) bus stop locations designed by Hole Montes. The County sent 20,216 notices, and interested
contractors downloaded seventy (70) bid packages. County staff received three (3) bids by the April 30,
2019 deadline, as summarized below.
Respondents:
Company Name City County ST Bid Amount Responsive/
Responsible
Coastal Concrete Products LLC
d/b/a Coastal Site Development
Ft Myers Lee FL $94,400 Yes/Yes
Capital Contractors LLC Naples Collier FL $119,427.60 No/Yes
Compass Construction Cape Coral Lee FL NO BID --/--
Upon reviewing the bids, Staff determined that Capital Contractors LLC was non-responsive for failing to
submit a bid bond. Compass Construction did not submit a bid as the work included “too much
roadwork” (vs. bus shelter work). Staff determined that Coastal Concrete Products LLC d/b/a Coastal Site
Development is the lowest responsive and responsible bidder in the amount of $94,400. The Engineer of
Record (“EOR”) evaluated and reviewed the low bidder’s references, the bid tabulation, and bid
documents and recommends the award to the low bidder as set forth in the attached Engineer’s
Recommendation for Award letter. The low bid is below the EOR’s project estimate.
The proposed contract will result in the improvement of two (2) CAT bus sto p sites as recommended in
the ADA Transition plan adopted by the Collier County Board of County Commissioners (Board) on
November 18, 2014. Those two (2) stops will also receive bus shelters and associated amenities to better
serve CAT passengers.
FISCAL IMPACT: Funding for the estimated amount of $94,400 is available within the FTA 5307
FY15 Grant Fund (424) Project 33441 in the amount of $47,065 FTA 5307 FY16 Grant Fund (424)
Project 33482 in the amount of $47,335.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: To approve a Construction Agreement on the Award of Invitation to Bid No.
19-7579 to Coastal Concrete Products, LLC d/b/a Coastal Site Development, in the amount of $94,400
16.D.3
Packet Pg. 1839
06/25/2019
for the “Construction of Bus Shelters at Wiggins Pass” and authorize the Chairman to sign the attached
agreement.
Prepared By: Liz Soriano, Project Manager, Public Transit & Neighborhood Enhancement Division
ATTACHMENT(S)
1. 19-7579 NORA - Executed - R1 (PDF)
2. 19-7579 Bid Tabulation R1 (PDF)
3. [linked] 19-7579 CoastalConcrete_Contract_VendorSigned (PDF)
4. 19-7579 CoastalConcrete_Certificate of Insurance_05-29-19 (PDF)
5. 19-7579 - DELORA (PDF)
16.D.3
Packet Pg. 1840
06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 9063
Item Summary: Recommendation to approve a Construction Agreement on the award of
Invitation to Bid No. 19-7579, for the Construction of Bus Shelters at Wiggins Pass to Coastal Concrete
Products LLC d/b/a Coastal Site Development in the amount of $94,400 and authorizing the Chairman to
sign the attached agreement.
Meeting Date: 06/25/2019
Prepared by:
Title: Project Manager – Growth Management Department
Name: Liz Soriano
05/28/2019 7:01 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
05/28/2019 7:01 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 05/28/2019 9:34 AM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 05/28/2019 9:53 AM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 05/28/2019 2:38 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/30/2019 8:13 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 05/30/2019 1:47 PM
Procurement Services Swainson Hall Additional Reviewer Completed 05/30/2019 1:58 PM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 05/31/2019 3:51 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/03/2019 4:49 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/04/2019 11:01 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/04/2019 11:22 AM
Grants Erica Robinson Level 2 Grants Review Completed 06/04/2019 12:54 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/04/2019 2:31 PM
Grants Carrie Kurutz Additional Reviewer Completed 06/04/2019 4:42 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2019 7:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 1:58 PM
Grants Therese Stanley Additional Reviewer Completed 06/17/2019 9:07 AM
16.D.3
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06/25/2019
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2019 10:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
16.D.3
Packet Pg. 1842
16.D.3.a
Packet Pg. 1843 Attachment: 19-7579 NORA - Executed - R1 (9063 : Wiggins Pass Shelters_Coastal)
Project No:19-7579 Strategist:Jim Flanagan No. of Notices:20,216
Project Title:Construction of Bus Shelters at Wiggins Pass Project Manager:Omar DeLeon No. of Downloads:70
Bid Date:04/30/19 No. of Bids Responses:3
BID TABULATION
BIDDER:
Coastal
Concrete
Products dba
Coastal Site
Development
Capital
Contractors
LCC
Compass
Construction
ENGINEER'S
ESTIMATE
Item No.QTY Unit Item Description Total Total Total Total
Site ID 2121 1 LS SHELTER AND AMENITIES IMPROVEMENTS COMPLETE $49,700 $69,273.76 NO BID $56,954
Site ID 2122 1 LS SHELTER AND AMENITIES IMPROVEMENTS COMPLETE $44,700 $50,153.84 $44,272
$94,400 $119,427.60 $0 $101,226
*Note: Bid shall be provided as Lump Sum per Site.
Opened By:Jim Flanagan
Witnessed by:Geoff Thomas
Completed Bid Schedule Y Y
Completed Bid Forms: (Solicitation pages 3-13) Y Y
Bid Response Form (Form 1)Y Y
Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)Y Y
Material Manufacturers (Form 3)Y y
List of Major Subcontractors (Form 4)Y Y
Statement of Experience of Bidder (Form 5)Y missing info
Trench Safety Act Acknowledgement (Form 6)Y Y
Bid Bond (Form 7)Y Not included
Insurance and Bonding Requirements (Form 8)Y y
Conflict of Interest Affidavit (Form 9)Y Y
Vendor Declaration Statement (Form 10)Y Y
Immigration Affidavit Certification (Form 11)Y y
Vendor Substitute W-9 (Form 12)Y Y
Bidders Checklist (Form 13)Y Y
Copies of required information attached
Company's E-Verify Profile Page or MOU Y N
Copy of Active Registration with Current FL Divisions of Corporations Y N
Copy of Active General Contractors License with Depart. of Business & Professional Regulation Y N
Copy of Local Business Tax Receipt (Collier County)n/a N
Grant Required Bid Forms
Certification Regarding Debarment, Suspension, and Other Respnsibility Matters (GCA-2)Y Y
Certification of Lower-Teir Participants Regarding Debarment, Suspension, and other Ineligibility and Voluntary Exclusion Y Y
Conflict of Interest Certification (GCA-4)Y Y
Anticipated Disadvantaged, Minority, Women or Veteral Participation Statement (GCA-5)Y Y
Construction Contractors Bid Opportunity List (GCA-6)Y Y
Federal Lobbying Certification (GCA-7)Y Y
Acknowledgement of Terms, Conditions and Grant Clauses (GCA-8)Y Y
Acknowledgement - Receipt of Addendum
Addendum #1 Y Y
Addendum #2 Y Y
Acknowledgement of On-Line Docs - Construction Instructions to bidders, Constr Serv Agreemt, PO T&C Y Y
Strategist: Confirm validity w/FL Divisions of Corporations on-line Y Y
Strategist: Confirm validity of GC License w/DPBR on-line Y differing #
Strategist: Confirm Insurance and Bonding Requirements Y N
Strategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:Y N
Contractor's Office Location:Ft Myers Naples
County:Lee FL
TOTAL PROJECT BID
16.D.3.b
Packet Pg. 1844 Attachment: 19-7579 Bid Tabulation R1 (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.dPacket Pg. 1845Attachment: 19-7579 CoastalConcrete_Certificate of Insurance_05-29-19 (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.dPacket Pg. 1846Attachment: 19-7579 CoastalConcrete_Certificate of Insurance_05-29-19 (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1847Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1848Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1849Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1850Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1851Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1852Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
16.D.3.ePacket Pg. 1853Attachment: 19-7579 - DELORA (9063 : Wiggins Pass Shelters_Coastal)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Coastal Concrete Products LLC, dba Coastal Site Development
("Contractor") of 7742 Alico Road, Fort Myers, FL 33912, Limited Liability Company, authorized
to do business in the State of Florida, to perform all work ("Work") in connection with
Construction of Bus Shelters at Wiggins Pass, Invitation to Bid No. 19-7579 ("Project"), as
said Work is set forth in the Plans and Specifications prepared by Hole Montes 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: Ninety -Four Thousand Four Hundred Dollars ($94,400.00).
Section 4. Bonds.
A. If applicable, the 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#certifie . Should the Contract Amount be less
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Construction Services Agreement: Revised 072118
than $500,000, the requirements of Section 267.0935, 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 Three Thirty -Five (335) 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, Nine
Hundred Fifty -Eight Dollars ($958.00) 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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Construction Services Agreement: Revised 072118
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D, Determination of Number of Days of Default.
For 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. Fight 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 19.7579 Construction of Bus Shelters at Wiggins
Pass.
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 ® Not Applicable
Exhibit 13-2:
Performance Bond Forms ® Not Applicable
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
a
Construction Services Agreement; Revised 072118
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 19-7579 Construction of Bus Shelters at Wiggins Pass. The
complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https://www.bidsync.com/bidsVnc-cas/, which the parties agree
comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
❑Exhibit J: Technical Specifications
❑Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by Hole Montes 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 Transit & Neighborhood Enhancement
3299 Tamiami Trail E., Suite 103
Naples, Florida 34112-5746
Attn: Omar DeLeon, Contract Administrator/Project Manager
Phone: 239-252-4996
Email: Omar. Deleon(cDcolliercount fYl_gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Coastal Concrete Products LLC, dba Coastal Site
Development
7742 AI ico Road
Fort Myers, FL 33912
Attn: David E. Torres, Manager
Phone: 239-208-4079
Email: maquiar coastalconcreteproducts.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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Construction Services Agreement: Revised 072118
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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Section 15. Chanqe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
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Construction Services Agreement: Revised 072118
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
FIRST WITNESS
Print Name
SETND WITN�SS
1 n A n 1
Print
Date: 1
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
BY:
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
Coastal Concrete Products LLC, dba
Coastal Site Development
M
rrY�rY�,a
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
Ry -
William L. McDaniel Jr. Date
Chairman
IF
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Construction Services Agreement: Revised 072118
G
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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Construction Services Agreement: Revised 072118
Project No: 19-7579
Project Title: Construction of Bus Shelters at Wiggins Pass
Bid Date: 04/30/19
BID SCHEDULE
Coastal Concrete Products, LLC dba
BIDDER: Coastal Site Development
Item No. QTY Unit I Item Description
Total
Site ID 2121 1 LS ISHELTER AND AMENITIES IMPROVEMENTS COMPLETE
$49,700.00
Site ID 2122 1 LS SHELTER AND AMENITIES IMPROVEMENTS COMPLETE
$44,700.00
TOTAL BID
594.400.00
*Note: Bid shall be provided as Lump Sum per Site.
■
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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Construction Services Agreement: Revised 072118
Colplounty
Admiiwistfative Services Livision
purchasing
ADDENDUM #1
Memorandum
Page 1 of 1
Email: jimflanagan@colliergov.net
Telephone: (239) 252-8946
Date:
April 18, 2019
From:
Jim Flanagan, Procurement Strategist
To:
Interested Parties
Subject:
Addendum #1 — 19-7579 Construction of Bus Shelters at Wiggins Pass
This addendum has been issued for the following items identifying changes, deletions, or additions to the
original solicitation document and bid schedule for the subject solicitation. Changes and additions are
identified with an underline and deletions have a strike -through.
S
5= 1. PLANS -Sheet No. 3 Utility Notes: Update Utility Agency Contacts to include Collier County
Utilities for locate of their facilities within work area.
➢ 2. PERMITS: The following permits or approvals have been obtained by the Owner for the
project. As applicable, the permits shall be transferred to the Contractor. Any cost to transfer County
permits to the Contractor shall be paid by the County by Inter -Department transfer. All other permit
transfer fees shall be paid for by the Contractor.
■ a. Florida Department of Transportation Approval Letter. No action required.
■ b. South Florida Water Management District (Application No. 180911-1) issued to FDOT
District 1. No action required.
■ c. Collier County Permit (PRBD20181162838) to be transferred to Contractor (Shelter 2122).
■ d. Collier County Permit (PRBD2018116283 l) to be transferred to Contractor (Shelter 2121).
➢ The Bid Question period has closed as of April 18 close of business. All Bid Questions have been
responded to on BidSync. All Bid Questions and Answers are hereby incorporated into the bid.
➢ Attached: 04-09-19 Pre-bid Meeting Minutes and Sign -in sheet
Please follow Bidders Checklist, Form 13, when submitting your bid, and provide all Grant -required
Bid Forms, completed and signed, and uploaded with your bid submission.
acknowledge.pceipt of this Addendum with your bid proposal.
David E. Torres - Manager
oastal Concrete Products, LLC dba Coastal Site Development
Bidder
if you require additional information, please post a question on the Online Bidding site or contact me using
the above contact information.
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ADDENDUM #2
Memorandum
Page 1 of 1
Email: jimflanagan@colliergov.net
Telephone: (239) 252-8946
Date: April 18, 2019
From: Jim Flanagan, Procurement Strategist
To: Interested Parties
Subject: Addendum #2 — 19-7579 Construction of Bus Shelters at Wiggins Pass
This addendum has been issued for the following items identifying changes, deletions, or additions to the
original solicitation document and bid schedule for the subject solicitation. Changes and additions are
identified with an underline and deletions have a strike -through.
➢ 19-7579 — Addendum 42 — Exhibit L, — Permits — :Permit Documents for reference, attached:
■ a. Florida Department of Transportation Approval Letter. No action required.
■ b. South Florida Water Management District (Application No. 180911-1) issued to FDOT
District 1. No action required.
■ C. Collier County Permit (PRBD20181 l 62838) to be transferred to Contractor (Shelter 2122).
■ d. Collier County Permit (PRBD20181162831) to be transferred to Contractor (Shelter 2121).
Please acknowledgej;oeeiW of this Addendum with your bid proposal.
Si
David E. Torres - Manager
oastal Concrete Products, LLC dba Coastal Site Development
Bidder
If you require additional information, please post a question on the Online Bidding site or contact me using
the above contact information.
■
FORM I - BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Construction of Bus Shelters at Wiggins Pass
BID NO. 19-7579
Full Name of Bidder Coastal Concrete Products, LLC dba Coastal Site Development
Main Business Address 7742 Alico Road, Fort Myers FL 33912
Place of Business 7742 Alieo Road, Fort Myers, FL 33912
Telephone No. 239.208.4079 _Fax No. 239.334.1399
State Contractor's License # CGC1519460
State of Florida Certificate of Authority Document Number L10000107847
Federal 'Tax Identification Number 27-3688614
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 Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
staff.
FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO'THE PROJECT
Construction of Bos Shelters at Wiggins Pass
Bid No. I9-7579
Name Personnel Category
David Machado Construction Superintendent
Maritza Aguiar Project Manager
FORM 3 —MATERIAL MANUFACTURERS
THIS FORM MUSTBE COMPLETED OR BID SIIALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance orchis form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company: Coastal Concrete Products, LLC dba Coastal Site Development
Signat e: David E. Torres - Manager Date: 04/30/19
Section B (Exceptied to Bid specifications manufacturers and materials)
EXCEPTION MATERTAL EXCEPTION MANUFACTURER
2.
3.
4.
5.
Please insert additional pages as necessary.
„,„a,,, • Coastal Concrete Products, LLC dba Coastal Site Development
Manager Date 04/30/19
FORM 4 - LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
'File undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above,
Major Category of Work Subcontractor and Address
1. Electrical
2. Mechanical
3. Plumbing_.
4. Site Work
5. Identify other subcontractors To be determine
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: Coastal Concrete Products, LLC dba Coastal Site Development
nager Date: 04/30/19
FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five (5) years is a judge of its experience, skill and business standing and of its ability to conduct
the work as completely and as rapidly as required under the terms of the Agreement.
l S. Barfield and Inlet Drive
Sidewalk Improvement City of Marco Island
(project name) (project owner)
S. Barfield and Inlet Drive, Marco Island 50 Bald Eagle Drive, Marco Island_, FL 34145
(project location) (Owner's address)
Tim Pinter and
Sidewalk Improvement Project Mike Daniels______
(project description) (Owner's contact person) (title)
or
06/2016 to 09/2016 441,174.00 239.389.3970 Tpinter@CityofMarcol slam. com m
MDaniels a�Ci�ofMarcolslnd.co
(project start/eompletiondates) (contract value) (phone) (email)
2.
Woodcrest Drive Phase Il _ Habitat for Hu
-manityof Collier County
(project name) (project owner)
Woodcrest Drive, Naples, FL. 11145 Tamiami Trail E, Naples, FL 34113
(project location)
Roadway Extension, Utilities & Drainage
of Woodcrest Dr. Naples, FL
(project description)
20152016 _ 692_,548.83
(project start/completion dates) (contract value)
3.
Hacienda Lakes PH II
(project name)
Naples, FL
(project location)
Roadway Extension, Utilities & Drainage
of Rattlesnake Hammock Road, Naples. FL
(project description)
2013-2015 $ 4,538,317.00
(project start/completion dales) (contract value)
(Owner's address)
Nick Kouloheras President
(Owner's contact person) (title)
239.438.0934 nkouloheras a)hfhcollier_com
—
........... -- ..... . — ---
(phone) (email)
Hole Montes
(project owner)
950 Encore Way, Naples, FL 34110
(Owner's address)
Terry Cole
(Owner's contact person) (title)
239.254.2000 TerryCole@hmeng.com
(phone) (email)
— FORM 5 - STATEMEN"t' OF EXPERIENCE OT BIDDER
4, Southwest Lehigh Weirs Project
(A_B.S.O.R.B
(project name)
Various Areas in Lehigh Acres, FL
(project location)
Installed 25 New Weirs with manual
and electrial gates
(project description)
2016--2017
(project completion date)
5,
Faith Landing, IIC
(project name)
Immokalee, FL
(project
Lehigh Acres - Municipal Services Improvement
District
(project owner)
601 East County Lane, Lehigh Acres, FL
(Owner's address)
Mike Cook Asst. District Manager
(Owner's contact person) (title)
$ 3,128,000.00 239.368.0044 mcook@Is-msid.com
(contract value) (phone) (email)
Habitat for Humanity of Collier County— —
(project owner)
11145 Tamiami Trail E, Naples, FL 34113
(Owner's address)
RoawayExtension Utilities & Drainacie Nick Kouloheras President
(project description) (Owner's contact person) (title)
01/2015 to 06/2015
(project completion date)
$ 575,147.85 239.438.0934 nkouloheras@hfhcollier.com
(contract value) (phone) (email)
6.
Sidewalk Improvement Project_ _
(project name)
Comp
Signal
Marco Island, FL
(project location)
Sidewalk Improvement Project Various
L o cati o n s_itt6lJ ar_cs�lsland_.._
(project description)
2015-2016 $ 862,885.32
(project completion date) (contract value)
City of Marco Island
(project owner)
50 Bald Eagle Drive, Marco Island, FL 34145
(Owner's address)
Tim Pinter and
Mike Daniels_
(Owner's contact person) (title)
239.389.3970 Tpinter@CityofMarcolsland.com or
_ MDanielsa CityofMarcolsland.com
(phone) (email)
( ..nactal Concrete Products. LLC dba Coastal Site Development
te: 04/30/1.9
■
FORM 6 - TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1,
1990, The Bidder further identifies the cost to be summarized below:
Trench Safety Units of
Unit Unit Extended Cost
Measure Measure
uanti Cost
(Description) (LF SY1
Overall Trench
®�
1. Safety LS
2.
3.
4.
5.
TOTAL
Failure to complete the above may result in the Bid being declared non-responsive.
co,npany:.Coastal Concrete Pro_ducts, LLC dba Coastal Site Development
Signature: David E. Torres - Manager
1%
Date: 04/30/19
Respectfully Submitted:
State of FLORIDA
County of LEE
David E. Torres being first duly sworn on oath deposes and says
that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and
that this deponent is authorized to make them.
David E. Torres also deposes and says that it has examined and carefully prepared its
— —.......................—..__..................__......
Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before
submitting this Bid; that the statements contained herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of _ , which operates under the legal
name of , and the full names of its officers are as follows:
President
Secretary
Manager,
The
Board of Directors taken
if not applicable).
is authorized to sign construction bids and contracts for the company by action of its
_, a certified copy of which is hereto attached (strike out this last sentence
(b) Co -Partnership
The Bidder is a co -partnership consisting of individual partners whose full names are as follows:
David E. Torres via Revocable Trust
George P Bauer via Revocable Trust
The co -partnership does business under the legal name of:
Coastal Concrete Products, LLC
(c) Individual
The Bidder is an individual whose full name is _ _. _._ and if operating under a trade name, said
trade name is
Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page.
DA'Z'ED 04/30119
't
W' Hess '
STATE OF FLOR1W
COUNTY OF _
The foregoing
David E. Torres
Florida
LEE
instrument was acknowledged
as IV
corporation, on behalf of the
- --
My Commission Expires: 14 aS g r
(AFFIX OFFICIAL SEAL)
y n Notary Public State of Florida
.O Maritza Aguiar
�t '' My Cotrtmis^ion GO 14` 050
"i, n®yti, Expirea,l?.t0�712t121
Coastal Concrete Products, LLC
dba Coastal Site Development
Legal Entity
BY: David E T rtes
Name of Bidder (T ed) *f jf P9�14!7
Signature
Title
before me this 30th day of April _.............__, 2019 , by
sger of Coastal Concrete Products, LLC a
>rporato H 1sh "is pers mally,.,I(1L4w to me or has produced
as f ffcation and did (did not) take an oath.
NAME: 1�'r✓Y-d���-�t.
(Legibly Printed)
Notary Public, State of
N
KNOW ALL MF,N`T BY THESE PRESENTS, that we Coastal Concrete Products, LLC _ (herein
after called the Principal) and Philadelphia Indemnity Insurance Company_, (herein called the Surety), a corporation
chartered and existing raider the laws of the State ofPennsylvania ._ with its principal offices in the city of. Bala CynWd
and authorized to do business in the State of Florida are held and firmly bound unto the
011ier County Board of Cgunty Commissioners _ (hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Bid ____ dollars ($5% of Amount Bid) good and lawful money of the United States
of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and
incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 19-7579 Construction of Bus
Shelters at Wiggins Pass.
NOW, THEREFORE, if the Ownershall accept the Bid of the PRINCIPAL and the PRiNC'IPAL shall eater into the required Agreement
with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such
bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with
good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, mater`als and supplies
furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or' lf Wt . such bond
or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL, shall pay to the OBL104" .fie?i xc ft si m of
$ 5% of Amount Bidnoted above as liquidated damages, and not as a penalty, as provided in the Bidding Docum—i. s;,iten this obligalion
shall be null and void, otherwise to remain in full force and effect_ „ `Prp`
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed an
April _,2019 .
BY
Counter!
Appointed Producing Agent for Alter Surety Group, Inc.
ealeid this 3 day gf
e
3let ,
Principal /•"d;rfll;tF:'-
(Seal)-
Surety
'a ti r
1:� r
(Seal)
'�d r
"
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the.Bidding
Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by theContract
Documents. The bid security attached is to become the property ofthe Owner in the event the Agreement, Insurance Certificates and
Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional
expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder
fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required, time period. In
the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify.
It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement Insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site
within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in
writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Three Hundred Thirty hive (335) consecutive calendar days, computed
by excluding the commencement date and including t{re last day of such period, and to be fully completed to the point of final
acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding
commencement date and including the last day of such period.
567
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite t00
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint David T Satire Warren M. Alter and Jonathan A. Bursevich of
Alter Surety Group, Inc. , its true and lawful Attorney-in-fact with full authority to execute on Its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed
50 000 000.
This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attonrcy(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indermrily and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in fire future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEAI.: ['O BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017.
On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seat and his signature were duly affixed.
COVNONI4EAL7'N OF PEWISYLVANIA
NOfAAlALSEAL
FUrpan l4nipp. Noiarypuh{p Notary Public
Lmr.<r MISS nExNrnSapt. 2,2021
Aly CemmisSgn Eap'tPt Sap1.23, 2021
a.mm raw
residing at:
(Notary Seal)
My commission expires:
Bala Cvnwyd PA
September 25 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are true and correct and are still in full force and effect. t do further certify
that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
1 have subscribed my name and affixed the facsimile seal of each Company this -IfL- day of Anri 1 2019
t
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em�'V
F �4- 1 Y
.iF.""+.!�uu.
O
Edward Sayago, Corporate Secretary
3s
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PHILADELPHIA INDEMNITY INSURANCE COMPANY
(Seal)e;.
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seat and his signature were duly affixed.
COVNONI4EAL7'N OF PEWISYLVANIA
NOfAAlALSEAL
FUrpan l4nipp. Noiarypuh{p Notary Public
Lmr.<r MISS nExNrnSapt. 2,2021
Aly CemmisSgn Eap'tPt Sap1.23, 2021
a.mm raw
residing at:
(Notary Seal)
My commission expires:
Bala Cvnwyd PA
September 25 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are true and correct and are still in full force and effect. t do further certify
that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
1 have subscribed my name and affixed the facsimile seal of each Company this -IfL- day of Anri 1 2019
t
i4
em�'V
O
Edward Sayago, Corporate Secretary
3s
J x
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Co 7" Cou"ty
Administrative Services Dopat4nent
Procoenp,nt S,vvices Division
FORM 9 - CONFLICT Oi INTEREs'r AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of 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:
I. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned
project; and,
2. indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the fern (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: Coastal Concrete Prod LC dl ���` ei 99elopment
Signature and Date:
Print Name: David E. T
Title of signatory: Manager
CAI
Co le -r County
Administrative Services Department
PrmirHment Services Divisor
FORM 10 -VENDOR DraARATtON STATrME,Nr
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 perfonnance 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.
1N WITNESS WHEREOF, WI have hereunto subscribed our names on this 30th day of April _ 201_9 in the County of
---,in the State of FLORIDA
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
*CCR # or CAGE Code
*Only if Grant Funded
Telephone
Signature by:
(Typed and written)
Title:
Coastal Concrete Products, LLC dba Coastal Site Development
7742 Alico Road
Fort Myers, FL 33912
L10000107847
27-3688614
239.208.4079
Additional Contact .Information
Send payments to:
(required ii'different from Company name used as payee
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for this Maritza Aguiar
Solicitation:
Email: maguiar@coastalconcreteproducts.com
Phone: 239.404.8705
Co ,e,� tC0,41 ty
AdMnistrative Services Deparbnent
Procurement Services Division
FORM I1- IMMiGRATION AFFIDAVIT CERTIFICATION
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 proEram may deem the Vendor's proposal as 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 (c) of the iNA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Vcrify and to
provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Name
Print Name
Signature
State of FLORIDA
County of LEE
Coastal Concrete Products, LLC dba Coastal Site Development
Title Manager
Date 04/30/19
The signee of these Affidavit guarantees, M`e, idenced by the sworn affidavit required herein, the truth and accuracy of this
affidavit to interrogatories hereina r ina e.
yo p Ng rf k. 14 smie of Florida
Commission No.: � t a Acduiar
y Commission GG 145859
n _ _ Exeires 12/08/2021
■
C;Ofr.'i4;Y couvrly
Mmnl:MKQ Sorims Departmt
Rr Ioniml scf.iws Cir';xn
FORM 12 - VENDOR SUBSTITUTE W — 9
(Bequest 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 Coastal Concrete Products, LLC
(as shown on income tax return) Coastal Site Development
Business Name ({f different from taxpayer name)
Address 7742 Alirn E nn City Fort Myers
State Florida
Telephone 239.208.4079
33912
Email david@torrescompanies.com
Order Information (Rust be filled out)
Address 7742 Alico Road
City Fort Myers State Florida Zip 23912
Email david@torrescompanies.com
2. Company Status (check only one)
Remit I Payment Information (Must be filled out)
Address 7742 Alico Road
Fort Myers
City State Florida lip 33912
Email david@torrescompanies.com
Individual / Sole Proprietor
I _Corporation
Partnership -
-- Tax Exempt (Federal income tax-exempt entity
Limited Liability Company
under Internal Revenue Service guidelines iRC
_xx ___
Enter the tax classification
501 (c) 3)
(1) _ Disregarded EWily, C _ Corporation, P = Parinership)
3. Taxpayer identification Number (for tae reportingpurposes only)
Federal Tax Identification Number ('fIN) 27_3688614
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award).
4. Sign and Date Form: Certificatioi
Underpenalfldzwy, at theAffirmation formation shown on thisorm is correcl to my knowledge
Signa re _
David E. Torres
Date
04/30/2019
Title
Marla
Phone Number
239.208.4079
-- FORM 13 - BIDDERS CHECKLIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed in Bidsync:
1. Construction bid instructions form
2. Construction services agreement
3. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
1. laid Form (Form 1) 10. Vendor Declaration Statement (Form 10)
2. Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification
3. Material Manufacturers (Form 3) (Form 1 I)
4. List of Major Subcontractors (Form 4) 12. 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. Bid Bond Form (Form 7) Businesses Only)
8. Insurance and Bonding Requirements (Form 8) 15. Signed Grants Provisions Package'i(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.
Coastal Concrete Products, LLC
dba Coastal Site Development
David E. Torres
Mannner 04/30/19
& Title Date
2018-2019
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
Account Number: 1402634 Account Expires: September 30, 2019
State License Number: CGC1519460
If state license hos changed, contact our once at 239.533,6000
Location:
7730 ALICO RD
F1' MYERS FL, 33912
COASTAL, CONCRETE PRODUCTS LLC
TORRES DAVID E
7742 AL1C0 RD
FT MYERS FL 33912
in the business of:
GENERAL CONTRACTOR -CERTIFIED
THIS LOCAL BUSINESS TAX RECEIPT IS ?SON REGULATORY
Payment Information:
PAID 490335-48-1 08127/2018 08:54 Alva
$50.00
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Company ID Number: 422670
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218,
Employer Coastal Concrete Products, LLC
avid Torres
ame (Please Type or Print) Title
Electronically Signed 06/13/2011
Signature Date
!Department of Homeland Security—Verification Division
�SCIS Verification Division
(Please Typor Print) Title
(Name
Electronically Signed 003/2011
Ignature, ate
Information Required for the E -Verify Program
Information relating to your Companv:
Company Name: coastal concrete Products, LLC
Company Address:3921
Prospect Avenue
iN!
aples, FL 34104
Company Alternate
Address:
LUER
Count y or Parish:
Employer Identification
�736886114
Number:
Page 12 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov1E-Verify
E-Veriffy
n
Company ID Number: 422570
North American Industry
Classification Systems
Coded
238
Administrator:
Number of Employees:
js to 9
Number of Sites Verified
for:
9
Are you verifying for more than
1 site? If yes, please provide the number of sites verified for
Un each State:
o FLORIDA
I site(s)
i
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems
Name: David E Torres
Telephone Number: (239) 263 - 9700 Fax Number:
E-mail Address: dtorresocoastalconereteprod,com
Name: Charlotte M Walkup
Telephone Number: (239) 263 - 9700 ext, 204 Fax Number:
E-mail Address: eivalkup@coastalconereteprod.com
(239) 263 -1058
(239) 263 -1058
Page 13 of 13 i E -Verify MOU for Employer I Revision Date 09/01/09 wwiw.dhs,gov/E-Verify
M
FLORIDA DEPARTMENTO STATE DIVISION OF CORPORATIONS
jJeoartment of State / Division. of ComoraLQUs / Search Records I Detq:l Bj Oocunent,NumbaI /
2019
Document Images
02/25/2019
02/2512019 --ANNUAL REPORT
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D1%2512058-- 8NNIJAL REPORT
01/12t1U 1.5._- _ AN N Ui1L_Fi EI',nRT
01/23/20114 -- ANNUAL REPORT
01/25/201:, -- ANNUAL REPORT
02/03/2612 --ANNUAL REPORT
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—VT -1 -1 -111 ---go in PDF format
03/02/2011 -- ANNUAL REPORT I View image in PDF format
10M1 /2010 -- Florida Limited LiebiMtY View image in PDF format
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
David Machado
Maritza Aguiar
Personnel Category
Construction Superintendent
Project Manager
10
Construction Services Agreement: Revised 072118
EXHIBIT B-1: PUBLIC PAYMENT BOND
19-7579
Bond No.
Contract No. 19-7579
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety,
located at (Business
Address) are held and firmly bound to as Obligee in the
sum of ($ _) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not of fect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement: Revised 072118
0
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
BY:
NAME:
ITS:
PRINCIPAL
The foregoing instrument was acknowledged before me this day of
by as
a corporation,
corporation. He/she is personally known to me OR has produced _
and did (did not) take an oath.
My Commission Expires:
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
CTi
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
20_,
of
behalf of the
as identification
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
12
Construction Services Agreement: Revised 072118
■
M
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 , by I as
of
behalf of Surety. He/She is
oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Surety, on
personally known to me OR has produced
as identification and who did (did not) take an
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
13
Construction Services Agreement: Revised 072118
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
19-7579
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No.
Contract No. 19-7579
Surety,
located
at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all 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 of fect Sureties obligation under this B ond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement: Revised 072118
■
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
The foregoing instrument was acknowledged before me this _
20 , by
of
corporation, on behalf of the corporation
to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
Name:
(AFFIX OFFICIAL SEAL)
(Signature)
(Legibly Printed)
day of
as
_ a
He/she is personally known
as
Notary Public, State of:
Commission No.:
15
Construction Services Agreement: Revised 072118
ATTEST: SURETY:
16
Construction Services Agreement: Revised 072118
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument
was acknowledged before me this day of
20 by
, as of
, a Surety , on behalf of
Surety.
He/She is personally known to me OR has produced
as i dentification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
16
Construction Services Agreement: Revised 072118
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Contractor shall procure and maintain property insurance upon the entire project,
if required, to the full insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may have
to the proceeds of such insurance. The Contractor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Contractors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify For any and all work
performed on behalf of Collier County", or, the specific solicitation number/contract number and
title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Contractor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Contractor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Contractor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles
will be Contractor's sole responsibility.
Coverages shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the
County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor.
The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or
limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor
of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy
to be provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
17
Construction Services Agreement: Revised 072118
Should at any time the Contractor not maintain the insurance coverages required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the Contractor for such coverages purchased. If Contractor fails
to reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Contractor under this Agreement or any other
agreement between the County and Contractor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
18
Construction Services Agreement: Revised 072118
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ® Employer's Liability
3. ® Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. ® Indemnification
5. ® Automobile Liability
6. ❑ Other insurance as noted:
7. ® Bid bond
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
To the maximum extent permitted by Florida law, the Contractor/Vendor 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 or anyone employed or
utilized by the ContractorNendor in the performance of this Agreement.
$1,000,000 Each Occurrence; Bodily Injury & Property Damage;
Owned/Non-owned/Hired; Automobile Included
❑ 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
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Cyber Liability $__ Per Occurrence
❑ Technology Errors & Omissions $_.____......... _.. Per Occurrence
Shall be submitted with proposal response in the form ofcertified funds, cashiers' check
or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal
19
Construction Services Agreement: Revised 072118
bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the
Collier County Board of County Commissioners on a bank or trust company located in
the State of Florida and insured by the Federal Deposit Insurance Corporation.
8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract
Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the
cost borne by the Proposer receiving an award. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and
otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or
better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders'
surplus, all as reported in the most current Best Key Rating Guide, published by A.M.
Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.
10. ® Collier County must be named as "ADDITIONAL INSURED" on the insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available 1'or the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly.
11. ® Tile 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. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,
Naples, FL 34112
13. ® Thirty (30) Days Cancellation Notice required.
14.
3/18/19 - CC
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)
days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (G) months fi-om the date
of award.
Coastal Concrete Products, 1,6G4ba
Name of Firm
Vendor Signature
Print Name David E. Torres
Insurance Agency Gulfshore Insurance
Agent Name Greg Havemier
19
Telephone Number 239.261.3646
20
Construction Services Agreement: Revised 072118
E
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be
received, ("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
120 for the period from to . This
partial waiver and release is conditioned upon payment of the consideration described above. It is not effective
until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment
to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims
of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
Witness
President
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
The foregoing instrument was acknowledged before me this day of
20 , by , as of
,a
known to me or has produced
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
[Corporate Seal]
corporation, on behalf of the corporation. He/she is personally
as identification and did
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
21
Construction Services Agreement: Revised 072118
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.
Project No.
Shall be signed by an authorized
re resentative of the Contractor.
County's Division Name
Design Professional's Name:
Purchase Order No.
Si nature:
Submitted by Contractor
Representative: Name
to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Application Date:
Contractor's Name &
Address:
Si nature:
Payment Application No.
I Date:
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 Insert date
$
Less Retainage
$
Total Earned Less Retainage
$
Less previous payment(s
Percent Work Completed
to Date:
%
AMOUNT DUE THIS
APPLICATION:
$
Percent Contract Time
Completed to Date:
%
Liquidated Damages to
Be Accrued
$
Remaining Contract Balance
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such
as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued
and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts
in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in
advance of such Work.
Contractor's Name
Contractor's Signature:
Date:
Type Title:
Shall be signed by an authorized
re resentative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b
Design Professional's Name:
Si nature:
Date:
to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
-Payment
Owner's Project Manager Name:
Si nature:
I
I Date:
22
Construction Services Agreement: Revised 072118
■
EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Name: Project Number.
Date:
Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot
into play. If this happens, all information up to the date of the %change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states
what has happened since the change in retainage,
23
Construction Services Agreement: Revised 072118
M
Exhibit D
(Continued) Stored Materials Record
FnrmulwA+R - C - D=E
A
B
C
D
E
Invoice Previously
Date Description Supplier Nuinber Received
Received
This Period
Previously
Installed
Installed
This Period
Balance To
Install
24
Constructlon Services Agreement Revised 072116
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccspOl/SiteDirectorV/ASD/Purchasing/Formsl/Forms/Default.aspx
Change Order Form
Contract#: Change#:= Purchase Or
ContractorlFirm Name:
Project Manager Name — 1
er#: 1 —1 Project#:��
Project Name: I
Department:
Original Contraot"Work Order Amount
Original BCC Approral Dst; Agenda Item #
Current BCC AGaruvsdAntount
Last BCC Aorroval Rate; Ape nda Item#
Current CcfltrscVYVc(k Order Amount
SAP Contract Expifatien Dsts {fatssteT)
Collar Anxiuntof this Change
40IWO!
Total Change from OriginalAn-cunt
Revised CcntractN!a<:rat Order Tote]
3
0.00
40IWO1
Change front Cusrent BCC Approied Amount
Cuntulstivvs— C ha nges
W
0.0011
40IVV
Change from Current Amount
Completion Date, Description of the Task(sj Change, and Rationale far the Change
Notice to ProceL� Original = Last Approved �� Revised Date
Date Completion Dat Dates r_: s7eart: Vaavget
#of Days Added SelectTasks q', Ad d n ew ta s k(s) ❑I,Deletetask(s} ❑;Changetask(s) 11 Other
Provide a response to the following: 1.j detailed and specific exp]anationlrationale of the requested change(sj to the task(sj and I or
the additional days added (if requested); 2.) tvhy this change was not included in the original contract and, 3.) describe the impact'rf
this chance is not processed. Attach add6oral information front the Desiar, Professiorai ardior Coriracior d r 32d,
Prepared by; Date:
(Prod Manager Nang_ar-A Deparimem)
Acceplarcecfthis CharaeOrder sh3llcor:stitut}amo-ificalior=tocoatractIw+rkorderilentifiedatrovxand,,tiillbe ;ibjecttoallihesame
tormsar>dcoraf,. rsasfulty*as'ifih ssrils ere-Ut2dirtih:lsa oeptarm. The
adjustmeri.rfang.totheContra?lshallconirtuteafull3r1fr3}SelBerl—riof any and ail claims C0r3ilt3ril
Des�;r Professional arisiq cut of or reiairdiothe char3a set forth hsrrrr, ircIu,:lira claims for impad anddelay costs.
Accepted by: Dat':.
(Contracior.,VerdorrCorsulam D_srprProfessional ardNa.meofFirm. *6projectappi abk_;
Approved by: Date:
(D_s yr Prof=ssi,ral ar•i Alame of Firm, ii pro}eci applicable',
Approved by: Date:
(Procurement P(afes3 oral
25
Construction Services Agreement: Revised 072118
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
26
Construction Services Agreement: Revised 072118
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on 120
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
OWNER
By:
Type Name and Title
20
27
Construction Services Agreement: Revised 072118
■
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
PO No.: Date:
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
28
Construction Services Agreement: Revised 072118
1.
All Punch List items completed on
2.
Warranties and Guarantees assigned to Owner (attach to this form).
3.
Effective date of General one year warranty from Contractor is:
4.
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5.
As -Built drawings obtained and dated:
6.
Owner personnel trained on system and equipment operation.
7.
Certificate of Occupancy No.:
issued on (attach to this form).
8.
Certificate of Substantial Completion issued on
9.
Final Payment Application and Affidavits received from Contractor on:
10.
Consent of Surety received on
11.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Parts or Special Tools provided to Owner:
13.
Finished Floor Elevation Certificate provided to Owner:
14,
Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
28
Construction Services Agreement: Revised 072118
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29
Construction Services Agreement: Revised 072118
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time, The Progress
Schedule shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
30
Construction Services Agreement: Revised 072118
E
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. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
31
Construction Services Agreement: Revised 072118
t`J
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request
or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever
is less. Such sum shall be accumulated and not released to Contractor until final payment is due
unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project
Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the
percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the
Owner's procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
32
Construction Services Agreement: Revised 072118
■
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compiiance 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 compieted
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 Ow ner.
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.
3s
Censtruellon Services Agreement: Revised 072118
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the 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
34
Construction Services Agreement: Revised 072118
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design 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:
8.11 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;
8.1A 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;
B.1.8 Materials received at the Project site;
8.1 .9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
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(e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As -Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material -men, as well as coordinating its Work with all
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Construction Services Agreement: Revised 072118 O(7AO
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
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Construction Services Agreement: Revised 072118
Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as
directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor
must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have
waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the
accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change
Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4,
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
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.
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Construction Services Agreement: Revised 072118
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and
obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14,1 Contractor agrees to comply, at Its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cast 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 sea, and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services,
Exceptions to the program;
• Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors I Bidders are required to enroll in the E -Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the 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 acce table E-Verif
evidence and the executed affidavit the bidder's I Contractor's proposal may be deemed non-
responsive.
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Construction Services Agreement; Revised 072118
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Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: http//www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
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Construction Services Agreement: Revised 072118
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (19) 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 fight or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
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Construction Services 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 all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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Construction Services Agreement: Revised 072118
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.
22A If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation, Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work, Contractor shall bear all direct, indirect and consequential
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Constructlora Services Agreement: Revised 072118 cAO
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
C�� f3
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.13, for services not rendered.
25. PROTECTION OF WORK.
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner
or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
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GCAQ
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,
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Construction Services Agreement: Revised 072118
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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 C OA-
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
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.net/purchasi ng.
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 al I other warranties provided by Contractor pursuant to the terms of
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Construction Services Agreement: Revised 072118 ��
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner,
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
331 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner, Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work,
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
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Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub -
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
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 ock
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 re sponsible 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 (P+()
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(D,colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
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Construction Services Agreement: Revised 072118 C 0A
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 t(d
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
"Attached hereto, following this page"
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Construction Services Agreement: Revised 072118 ��(1
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
FEDERAL TRANSIT ADMINISTRATION
CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS
The supplemental conditions contained in this section are intended to cooperate with, to
supplement, and to modify the general conditions and other specifications. In cases of
disagreement with any other section of this contract, the Supplemental Conditions shall govern.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR
is an entity that receives a contract.
The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance
with all applicable grantor regulations/requirements, and additional requirements specified in this
document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary
manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each
lower tier contracts (e,g, subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements
and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
STATUTORY AUTHORITY
Urbanized Area Formula Program
a. Federal Transit Laws, Title 49 U.S.C. 5307
b. 49 CFR 1.51
PROGRAM OVERVIEW
The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 ("Section 5307'), is
authorized under the provisions set forth in the Moving Ahead for Progress in the 21st Century
Act (MAP -21), public Law 112-141.
FTA OVERSIGHT
The COUNTY may be subject to a triennial, state management or other regularly scheduled
comprehensive review to evaluate performance to determine recipient program and certification
compliance.
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EXHIBIT 1-01
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FEDERAL CONTRACT PROVISIONS (FTA)
APPLICABLE FTA PROVISIONS
®
®
1. Access to Records and Reports
2. Accessibility (Americans with Disabilities Act)
❑
3. Bonding (Construction Exceeding $260,000)
❑
4. Bus Testing
Cerllf1cm1on and Report
5. Buy America
ans
Purc'han WaiversOKlSmall
❑
6. Cargo Preference
El
7. Charter Service Operations
®
a. Civil Rights Laws and Regulations (EEO, Title VI, & ADA)
❑
9. Clean Air Act and Federal Water Pollution Control Act (>$150K)
®
10. Contract Work Hours and Safety Standards Act (4100,000)
11. Copeland Anti -Kickback Act Section 1 and 2 (>$2,000)
®
12. Davis Bacon Act (Applies to Construction >$2,000
13. debarment and Suspension >$25,000
14. Department of Labor EEO Conditions
15. Disadvantaged Business Enterprises (OBEs)
g p ( )
Compl®
DBEF Forte m, Didders (AntiGpated
DBE Form Bidders Lint
❑
16. Drug and Alcohol Testing
®
17. Employee Protections (Awards Involving Construction)
®
18. Energy Conservation
01
19. Federal Changes
01
20. Fly America
®
21. Incorporation of Federal Transit Administration (FTA) Terms
❑
22. ITS Standards (intelligent Transportation Systems)
®
23. Lobbying (7$100,000)
Certlflaatlon
24. No Federal Government Obligation to Third Parties by Use of a
Disclaimer
❑
25. Pre -Award and Post Delivery Audits of Rolling Stock Purchases
Certifications
❑
26. Patent Rights, Rights In Data and Copyrights
®
27. Program Fraud and False or Fraudulent Statements and Related
Acts
❑
28. Provisions for Resolution of Disputes, Breaches, or Other
1.1ticiation
®
29. Prompt Payment and Return of Retainage (49 C.F.R. part 26 § 12.
®
30. Recycled Products (>$10K per Year)
31. Safe Operation of Motor Vehicles
❑
32. School Bus Operations
®
33. Seismic Safety
®
34. Special DOL EEO Clause for Construction Contracts >$10,000
®
35. Special Notification Requirements for States (State Grant
Provisions
®
36. Termination Provisions 7$10,000
❑
37. Transit Employee Protective Arrangements
®
38. Federal Privacy Act >$10,000 (and Construction 7$2,000
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
APPLICABLE CONTRACT PROVISIONS (1-37)
'I. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every,Tier
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain,
complete and readily accessible records related in whole or in part to the contract, including, but not limited
to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third -
party agreements of any type, and supporting materials related to those records.
b, Retention Period. The Contractor agrees to comply with the record retention requirements in accordance
with 2 C.F.R. § 200,333. The Contractor shall maintain all books, records, accounts and reports required
under this Contract for a period of at not less than three (3) years after the date of termination or expiration
of this Contract, except in the event of litigation or settlement of claims arising from the performance of this
Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims
or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to
inspect and audit records and information related to performance of this contract as reasonably may be
required.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to
the sites of performance under this contract as reasonably may be required.
2. ACCESSIBILITY (ADAI
Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42
U.S.C, § 12101 et seq.; DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. part 37; and ,Joint Access BoardIDOT regulations, "Americans with Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1192 and 49 C.F.R. part 38.
Notably, DOT incorporated by reference into Appendix A of Its regulations at 49 C.F.R. part 37 the Access
Board's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised ,July 2004, which
include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix
A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with
both the ADAAG and the DOT amendments.
3. BONDING REQUIREMENTS (Applies to Subcontracts at Eve Tier
Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a
company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as
described thereunder.
Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY to
reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of
[one hundred twenty (120)] days subsequent to the opening of bids, without the written consent of the
COUNTY.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid
within (one hundred twenty (120)] days after the bid opening without the written consent of the COUNTY,
shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish
adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided
above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall
forfeit his bid security to the extent of 'COUNTY's damages occasioned by such withdrawal, or refusal, or
inability to enter into an agreement, or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check,
Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
which has been retained by the COUNTY as provided in [Item x "Bid Security" of the Instructions to Bidders])
shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default, then the
undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between
the bid security and (Recipient's) total damages, so as to make the COUNTY whole.
The undersigned understands that any material alteration of any of the above or any of the material
contained on this form, other than that requested will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful
performance of a contract obligation and the payment of labor and material expended pursuant to a contract
whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the
Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of
Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the
performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit
shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds 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
https://www fiscal.treasury.gov/fsreports/ref/suretVBnd/c570.htm. Should the Contract Amount be less
than $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.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance
payment provision and a performance bond is not furnished. The COUNTY shall determine the amount of
the advance payment bond necessary to protect the COUNTY.
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished
and the financial responsibility of the Contractor is unknown or doubtful. The COUNTY shall determine the
amount of the patent indemnity to protect the COUNTY.
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to the COUNTY, the Architect and/or Engineer that all materials and equipment
furnished under this Contract will be of highest quality and new unless otherwise specified by the COUNTY,
free from faults and defects and in conformance with the Contract Documents. All work not so conforming
to these standards shall be considered defective. If required by the COUNTY Project Manager, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the
various trades. The Work must be of safe, substantial and durable construction in all respects. The
Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum
period of one (1) year after Final Payment by the COUNTY and shall replace or repair any defective
materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY.
CFDA 20.507 (Urbanized Area Formula Program)
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Revised 1-4-19 FCP-4
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as
provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to the
COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material
Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair
defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and
shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as
adjusted (if at all).
4. BUS TESTING
The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C.
5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is
performed for all new bus models or any bus model with a major change in configuration or components,
and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall
obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s)
publicly available prior to final acceptance of the first vehicle by the recipient.
5. BUY AMERICA REQUIREMENT (Applies to Subtracts.)
The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA -funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a
general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers,
microcomputers, or software, or other such devices, which are used solely for the purpose of processing or
storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R.
661.11.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(Attachments) with all bids or offers on FTA -funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must be refected
as nonresponsive.
The small purchase waiver is now included in 49 U.S.0 53230)(13) and provides that the term "small
purchase" means a purchase of not more than $150,000. The small purchase waiver applies to purchases
of $150,000 or less, regardless of the size of the project. Therefore, purchases made with FTA financial
assistance, including capital, planning, or operating assistance, are subject to the waiver.
6 CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts)
Use of United States -Flag Vessels
The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment
of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill -of -lading.); and
c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.
7. CHARTER SERVICE
The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides
that recipients and subrecipients of FTA assistance are prohibited from providing charter service using
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Revised 1-4-19 FCP-5
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
federally funded equipment or facilities if there is at least one private charter operator willing and able to
provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, "Charter Service," 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA
may require corrective measures or impose remedies on it. These corrective measures and remedies may
include:
1. Barring it or any subcontractor operating public transportation under its Award that has provided
prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter
Service regulations; or
3. Any other appropriate remedy that may apply.
The contractor should also include the substance of this clause in each subcontract that may involve
operating public transit services.
8. CIVIL RIGHTS LAWS AND REGULATIONS
The following requirements apply to the underlying contract and all subcontracts at every tier:
CIVIL RIGHTS AND EQUAL OPPORTUNITY
The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all
applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements
imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C.
§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using
exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws
and regulations and shall include these requirements in each subcontract entered into as part thereof.
I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
that it will not discriminate against any employee or applicant for employment because of race, color,
religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements FTA may issue.
11. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.
DOL) regulations, Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment
Opportunity in Federal Employment, September 24, 1965, 42 U.S.C. § 2000e note, as amended by any
later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor
agrees to take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, national origin, or sex (including sexual
orientation and gender identity). Such action shall include, but not be limited to, the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal
Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act,"
29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S.
CFDA 20.507 (Urbanized Area Formula Program)
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Financial Assistance, 45 C.F.R. pari 90, and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective employees for reason
of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural
Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(ARplies to Subcontracts OVER $150,000 at Evea Tier
The Contractor agrees:
1) It will not use any violating facilities;
2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of
Violating Facilities;"
3) It will report violations of use of prohibited facilities to FTA; and
4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C.
§§ 7401 — 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C, §§ 1251-1387).
5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FTA,
10. CONTRACT WORK HOURS AND SAFETY SANDARDS ACT
(Applies to Subcontracts at Every Tier)
For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the
Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C, §§ 3701-
3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act,
the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards,
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the
open market, or to contracts for transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to
the United States (In the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages_ Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
this clause in the sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages required by
this clause_
The FTA shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with the same prime
Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Contractor, such sums as may be determined to be
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated
damages as provided in this section.
The Ccntractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and
also a clause requiring the subcontractors to Include these clauses in any lower tier subcontracts, The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in this agreement.
Contract Work Hours and Safety Standards for Awards Not Involving Construction
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour
protections for non -construction employees, in accordance with 40 U.S.C, § 3702, Contract Work Hours
and Safety Standards Act, and other relevant parts of that Act, 40 U.S.G. § 3701 et seg,, and U.S. DOL
reguiations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject
to the Contract Work Hours and Safety Standards Act)," 29 G.F.R, part 5.
The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three (3) years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name
and address of each such employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Such records maintained under this paragraph shall be made available by the Contractor for inspection,
copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the
Contractor will permit such representatives to interview employees during working hours on the job.
The contractor shall require the Inclusion of the language of this clause within subcontracts of all tiers.
11. COPELAND ANTI -KICKBACK ACT
For all construction contracts >$2,000, the Contractor agrees to comply with the Copeland ''Anti Kickback"
Act (Copeland Act) provisions, The Contractor shall also comply with the Copeland "Anti -Kickback" Act (40
U.S.C. § 3145), as supplemented by DOL regulations at 29 G,F.R. part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed In Whole or in part by t_oarns or Grants from the United States."
The Contractor is prohibited from Inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled.
The Copeland "Anti Kickback" Act (Copeland Act) is divided into two sections. Section 1 of the Copeland
"Anti -Kickback" Act, at 18 U.S,C, § 874, prohibits anyone from inducing, by any means, any person
employed on construction, prosecution, completion, or repair of a federally assisted building or work, to give
up any part of his or her compensation to which he or she is otherwise entitled. Section 2 of that Act, at 40
U.S.C. § 3145, and implementing DOL regulations, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or In part by Loans or Grants from the United States," 29 C.F.R. part 3,
imposes record keeping requirements on all third party contracts for construction, alteration, or repair
exceeding $2,000. Under Appendix 11 to 2 C.F.R. part 200—Contract Provisions for Non -Federal Fntity
Contracts finder Federal Awards, recipients' third party contracts must include a provision for compliance
with the Copeland "Anti -Kickback" Act, as amended, and implementing DOL regulations.
12. DAVIS BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor
shall comply with the Davis -Bacon Act. Under 49 U.S.c. § 5333(a), prevailing wage protections apply to
laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
Contractorwill complywith the Davis -Bacon Act, 40 U.S.C_ §§ 3141-3144, and 3146-3148 as supplemented
by Department of Labor regulations (29 C,F,R. part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"). In accordance with the statute, the Contractor
shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less
than once a week.
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions trade
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without regard
to skill, except as provided in 29 CFR Part 5,5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for the time actually
worked therein; Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional classifications
and wage rates conformed under paragraph (1)(11) of this section) and the Davis -Bacon poster (WH -1321)
shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which
is not listed in the wage determination and which is to be employed under the contract small be classified in
conformance with the wage determination. The contracting officer shall approve an additional classification
and wage rata and fringe benefits therefore only when the following criteria have been met.-
(1)
et:(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which
the work is performed,
(B) If the contractor and the laborers and mechanics to be employed In the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of
CFDA 20.507 (Urbanized Area Formula Program)
.5�.,rn..r r_f 1.7:i h71N ('unp. f1..1rn »if+1 fr,Y!••,ei,vruc+,i f7pr1.7:fP7'1N Alrtsler rlgrern,nul �irnrmll�iJ7+1ie'pbi{I'FUY191rN15; 1•TrI Cht 1P16
Revised 1-4-19 FCP-9���
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting officer,
to the Administrator for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)
(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider
as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the Secretary of tabor has found, upon
the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall be classified in conformance with
the wage determination. The contracting officer shall approve an additional classification and wage rate
and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification In the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting officer,
to the Administrator for determination. The Administrator, or an authorized representative, will issue a
CFDA 20.507 (Urbanized Area Formula Program)
.5'rhrr�'= ri/ 1'fa l Ylb [ourµ !{Gp;m{;rude f r!•nxrrv.niriu. !7{77'1TA h1'l11ALurrr Aysre rumiM UeaFPff)0XjVAe(6k PeraYsia0a F7414,s1Prcc0.tI 17ururrmrrs1 Mt 2016
Revised 1-4-14 FCP-10
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
determination with 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v)
(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally -assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor,
so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work (or under the
United States Dousing Act of 1937 or under the Housing Act of 1949 in the construction or development of
the project), all or part of the wages required by the contract, the Collier County may, after written notice to
the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under
the Housing Act of 1949, in the construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -bacon Act, the contractor shall maintain records which show that the commitment
to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred In providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week In which any contract work is performed a copy of
all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted
shalt set out accurately and completely all of the information required to be maintained under section
of Regulations, 29 CFR part 5, This information maybe submitted in any form desired. Optional
Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402_ The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(8) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor
or subcontractor or his or her agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under section
of Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
CFDA 20.507 (Urbanized Ai -es Formula Program)
.Crxu�a�r r�%�!'fal YlR S.'uupr, I&II LOTI!A!•YlNhfr+frcrAl,crwrrrxfierreralll�ApNlkAbk Ywx4yrrlrn, !•7iIl'si I' 'rlccs J'r+ur�urn�errr lhf 2016
Revised 1-4-19 TCP-! l a
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits
or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the Federal Transit
Administration or the Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If the contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator of the Wage and Hour Division of the
U.S. Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
CFDA 20.507 (Urbanized Area Formula Program)
.Sources ref.: GTA FYI N Comp. Review Guide for Porocurenlent; OOT F7A nrl8 A-Iaster Agreenneni Generally Applicable Provisions; FTA Rest Practices Procurement Oct 20/6
Revised 1-4-19 FCP-12
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
(ii) Trainees - Except as provided in 29 CFR 5.15, trainees will not be permuted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be peld at not less than the rate specified in the approved program for the trainee's level
of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage
determination, Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating In a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site In excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements -
The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference
in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or tower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination. debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(B) Compliance with Davis -Bacon and Related Act requirements - All rulings and Interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference
in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (1) By entering into this contract, the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
CFDA 20.507 (Urbanized Arca Formula Program)
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Revised 1-4-19t'c�-13
Lcl)"
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FT
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the US. Criminal Code, 18 U.S.C. 1001,
CF'DA 20.507 (Urbanized Area laorniula Program)
Smaresnf KAFYMCwn1+, lie Hew famPAWeetwit11rA14•s+
Revised 1-4-19 NCP -14 ���
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FTA)
DOL WAGE DETERMINATION IS APPLICABLE
[General Decision Number: PLI90201 02/41/2019 FL201.
Superseded General )Decision Dumber: FL20180245
State: Florida
Construction Type; Building
County; Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $1.0.60 for calendar year 2014 applies to all contracts
subject to the Davis -Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. if this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable wage
rate listed on this wage determination, if it is nigher) for
all hours spent performing on the contract in calendar year
2019. If thia contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set Eorth
in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis -Bacon Act
itself, but it does not apply to contracts subject only to the
Davie -Bacon Related Acte, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication nate
0 01/04/2019
1 02/01/2019
ASBE0067-003 01/01/201.8
Rates Fringes
ASBESTOS WORKERMEAT & FROST
INSULATOR ........................$ 27,69 15.19
----------------------------------------------------------------
ELEC0344-00$ 09/44/2017
Rates Fringes
CFDA 20.507 (Urbanized Arca Formula program)
.Yommo mf. YIA Fr1NCuNix ROORPDlYr 1;1 FIA [k+. AM
Revised I-4-19 FCA -15
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (1 7'A)
ELECTRICIAN (Includes Low
Voltage Wiring) ..................$ 27.55
-------------------------------------------------------------
* ELEV0074-401 01/01/2019
Rates Fringes
ELEVATOR MECHANIC ................$ 41.17 33,705
FOOTNOTE:
A. Employer contributions 8% of regular hourly rate to
vacation pay credit for employee who has worked in business
more than 5 years; Employer contributions 6% of regular
hourly rate to vacation pay credit for employee who has
worked in business less than 5 years.
Paid holidays: New Years nay; Memorial nay; Independence
Day; Labor nay; Thanksgiving Day; The Friday after
Thanksgiving Day; and Christmas nay.
----------------------------------------------------------------
ENGI0487-021 0'7/01/2018
Rates Fringes
OPERATOR: Crane
All Cranes 150 Ton
Capacity and over ...........
$ 33.05
9.24
All Cranes Over 15 Ton
Capacity ....................$
32.05
9.20
OPERATOR, Forklift ..............$
23.25
9.20
OPERATOR: Mechanic ..............$
32.05
9.20
OPERATOR: Oiler .................$
23.50
9.20
----------------------------------------------------------------
IRON0397-007 07%01/2018
Rates Fringes
IRONWORKER, STRUCTURAL .......... .$ 29.85 15.97
----------------------------------------------------------------
IRON0402-001 10/01/2018
Rates Fringes
IRONWORKER, ORNAMENTAL ........... $ 23.59 12.70
----------------------------------------------------------------
* SFFLO821-004 01/01/2019
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) ......................$ 28.38 19.44
----------------------------------------------------------------
SUFL2014-009 08/16/2016
CFDA 20.507 (Urbanized Area Formula Frogram)
,,mace%ref..111A y;ftca1p RrI4,01'G1109fivhTWYr*N11111;Wrl%!AAplillmbleProyh4ms; FIA N-1I'AwlkdlPMe,urnMrnfA•r 2W
Revised 1-4-19 FCP-16 (;1►
EXHIBIT 1-01
Rates
CARPENTER ........................$ 18.00
CEMENT MASON/CONCRETE FINISHER ... $ 14.85
IRONWORKER, REINFORCING .......... $ 26.37
LABORER: Common or General,
Including Cement Mason Tending ... $ 12.25
LABORER: Pipelayer..............$ 14.00
OPERATOR:
$ 19.10
Backhoe/Excavator/Trackhoe .......
$ 22.07
OPERATOR: Bulldozer .............$
15.40
OPERATOR: Grader/Blade ..........
$ 18.97
OPERATOR: Loader ................$
14.00
OPERATOR: Roller ................$
14.43
PAINTER: Brush, Roller and
Spray ............................$
14.72
PIPEFITTER .......................$
21.36
PLUMBER ..........................$
18.01
ROOFER ...........................$
19.00
SHEET METAL WORKER, Includes
FEDERAL CONTRACT PROVISIONS
Fringes
0.64
0.60
12.65
1.03
1.40
8.80
1.90
0.00
1.40
4.78
2.13
7.93
2.88
1.17
HVAC Duct Installation ...........
$ 19.10
3.27
TILE SETTER ......................$
18.01
0.00
TRUCK DRIVER: Dump Truck ........
$ 13.22
2.12
TRUCK DRIVER: Lowboy Truck ......
----------------------------------------------------------------
$ 14.24
0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
CFDA 20.507 (Urbanized Area Formula Program)
Sources mf: 1%1'A FY18 Comp. Revie,r Gude for Prnatremem: DOTFTA r)'18 Amsler Agreemetul Getternll}' Apphcnble Provisions; FTA lksl Prnclices Procm'emenf Ucl. 3o16
F CP -17
Revised 1-4-19
EXHIBIT 1-41
FEDERAL CONTRACT PROVISIONS
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the Eo
is available at www.dol.gov/whd/govcontract5,
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than r'SUrr or
11UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination, 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Mate Identifiers
Classifications listed under the 11SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
CFDA 20.507 (Urbanized Area Formula Program)
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Revised 1-4-19 FCP-18
C A41
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FT
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates, LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date Ear the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
classifications) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100* of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
40/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 09/29/2014 indicates the survey completion date
for the classifications and rates under that identifier,
A UAvG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1,) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.f should be followed.
CFDA 20.507 (Urbanized Area Formula Program)
Suunearof:N7i[!"YlNf5+n+1+liorl�7+'+Ildr,rrvPme+�lx•hrrnl:!�!?7"Fl:!1•l'!8hloslrr��peemE•uf tigfr,nf71Alyallcn8fsPrr�.V+fr.r:s;1•YA&wf1Prk.h.'pniplamemtel.7016
Revised 1-4-19 FCP-19
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FT
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
CFDA 20.507 (Urbanized Area Formula Program)
Sources ref.: F7A FY18 Cwnp. Revimr Guide for hac,oemenY DOTFTA FY18 A -/aster Ap-ceotent Generalll, Applicable Provisiars; FTA tksi Practices Procuremmiit Oct. 2016
Revised 1-4-19 FCP-20
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FTA)
CFDA 20.507 (Urbanized Area Formula Program)
SxvvmarTf�FTA MaempD0777Af7rBhJrurcrAgrr'oererN{iorrrrnl�yAp/+lrnr67r!'rnweamrr: PTA A•;iI'm<'umPma",prom[kr.707E
Revised 1-4-19
FCF-2I
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
13. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier)
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement
Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of
Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of
$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract
amount), and to each contract at any tier that must be approved by an FTA official irrespective of the
contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are
eligible to participate in this federally funded contract and are not presently declared by any Federal
department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is
later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the AGENCY, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment. The bidder or proposer
agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R.
part 1200, while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
14. DEPARTMENT OF LABOR EEO CONDITIONS
The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive
Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending
Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note.
These goals are applicable to all of the contractor's construction work (whether or not it is Federal or
federally -assisted) performed in the covered area.
Goals for minority participation for each trade: 17.1%
Goals for female participation in each trade: 6.9%
15 DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier)
It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged
Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and
participate in Department of Transportation (DOT)—assisted contracts. It is also the County's policy to:
1. Ensure nondiscrimination in the award and administration of DOT — assisted contracts;
2. Create a level playing field on which DBEs can compete fairly for DOT -assisted contracts;
3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to
participate as DBEs;
5. Help remove barriers to the participation of DBEs in DOT assisted contracts;
6. Assist the development of firms that can compete successfully in the market place outside the
DBE Program.
CFDA 20.507 (Urbanized Area Formula Program)
Sources re(: FTA FY18 Cwop. Recieu, Glide jar Procurowni; DOT Flit FY18 A-lasterAg+eetnem Po
Generally Applicable Provisians; FrA Best nciices procurement Oct. 2016
Revised 1-4-19 FCP-22
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for
DBE participation as set forth herein. These requirements are in addition to all other equal opportunity
employment requirements of this Contract.
Contract Assurance
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national
origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable
requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by
the Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy as the COUNTY deems appropriate.
DBE Participation
For the purpose of this Contract, the COUNTY will accept only DBE's who are:
1. Certified by the Florida Unified Certification Program;
2. An out-of-state firm who has been certified by either a local government, state government or Federal
government entity authorized to certify DBE status or an agency whose DBE certification process has
received FTA approval; or,
3. Certified by another agency approved by the COUNTY.
DBE Participation Goal
Collier Area Transit's goal for DBE participation is 1.6%. A separate contract goal has not been established
for this procurement.
Proposed Submission
Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that
indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged
Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions
of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List.
Payment
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime contract
receives from the BCC.
Retainage
If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to
return retainage payments to each subcontractor within 30 days after the subcontractors work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the COUNTY.
Monitoring and Enforcement
The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the
responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay
application that summarize the total DBE value of the Contract if DBE participation occurs. These reports
shall provide the following details:
• DBE utilization established for the Contract;
• Total value of expenditures with DBE firms for the period;
• The value of expenditures with each DBE firm for the period by race and gender;
• Total value of expenditures with DBE firms from inception of the Contract; and
The value of expenditures with each DBE firm from the inception of the Contract by race and
gender.
The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The
COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE
CFDA 20.507 (Urbanized Area Formula Program)
Sources ref.: FTA FY18 Comp. Reda" Guide for Porn aremenl; DOT FA F718 A4asier Agreement Generally Applicable Provisions; FTA Ficsi Pmciices Procurennenu Oct. mio
Revised 1-4-19 FCP-23
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE
subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE
five days to respond to the notice and advise of the reasons why it objects to the proposed termination.
When a DBE subcontractor is terminated or fails to complete Its work on the Contract for any reason, the
Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE
and immediately notify the COUNTY In writing of its efforts to replace the original DBE. These good faith
efforts shall be directed at finding another DBE to perform at least the same amount of work under the
Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for
this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for
Violations section below.
Recordkeeping
The prime contractor must maintain records and documents of payments to DBEs for three years
following the performance of the contract. The records will be made available for inspection upon request
by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any
certified DBE subcontractor.
DBE Program and Directory Information
The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be
located at the Florida Department of Transportation website.
htt s:)/fdotxw 02,dot.state.fl.us/E ual0 ortunit CfflceBusinessD!rector /CustomSearch.as x
Additional information on Collier Area Transit's DBE Program can be found at CAT's website
htk :iiwww.collier ov.netl ur- overnmentldivisions-f-r! ublic-transit-nei hborhood-enhancement/our-
services-/collier-area-transit-cattdbe
16, DRUG AND ALCOHOL TESTING
The contractor agrees to establish and implement a drug and alcohol testing program that complies with
49 CFR Part 656, produce any documentation necessary to establish its compliance with Part 655, and
permit any authorized representative of the United States Department of Transportation or its operating
administrations, the Florida Department of Transportation, or the COUNTY, to inspect the facilities and
records associated with the implementation of the drug and alcohol testing program as required under 49
CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually
its compliance with Parts 655, Florida Statute 341.061, and Rule 14-90 Florida Administrative Code before
January 20'i' to the Public Transit & Neighborhood Enhancement Division Director. To certify compliance
the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and
Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register. The certification will also include compliance with its adopted System
Safety and Security Program Plan pursuant to Florida Mule Chapter 14-90.
17. EMPLOYEE PROTECTIONS JAWARDS INVOLVING CONSTRUCTION
The Contractor shall comply with U.S. DOL regulations, "Recording and Reporting Occupational Injuries
and Illnesses," 29 C.F.R. part 1904; "Occupational Safety and Health Standards," 29 C.F.R. part 1910.
18. ENERGY CONSERVATION (APplies to Subcontracts at 1=ve Tier
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
CFDA 20.507 (Urhanized Area Formula Program)
vr,unxrn;l 0. 41 7 Caenµ Rem...CiurdfirProalrcurrrrr:l0?TikPJ:1J1116
Revised 1-4-19 FCl'-24
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
19. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser
and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
20. FLY AMERICA (Applies to Subcontracts)
The Contractor agrees to comply with the following:
a) Definitions. As used in this clause--
• "International air transportation means transportation by air between a place in the United States
and a place outside the United States or between two places both of which are outside the United States.
• "United States" means the 50 States, the District of Columbia, and outlying areas.
• "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients,
and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of
personnel (and their personal effects) or property, to the extent that service by those carriers is available.
It requires the Comptroller General of the United States, in the absence of satisfactory proof of the
necessity for foreign -flag air transportation, to disallow expenditures from funds, appropriated or
otherwise established for the account of the United States, for international air transportation secured
aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for
international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air
transportation, the Contractor shall include a statement on vouchers involving such transportation
essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier
was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See
FAR § 47.403. [State reasons]:
e) The Contractor shall include the substance of this clause, including this paragraph (e), in each
subcontract or purchase under this contract that may involve international air transportation. \
21 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to
Subcontracts)
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether
or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT,
as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act,
or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the
FTA terms and conditions.
CFDA 20.507 (Urbanized Area Formula Program)
Sauces r f: F%A FY18 Camp. Revie,v Guide for Procurement; D07'F7A M8 Master Agreement Generally Applicable Provisions; F7A &st Practices Praevmment Oct. 1076
Revised 1-4-19 FCP-25
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
22. ITS STANDARDS
Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat, 547,
pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS
standards and interoperability tests that have been officially adopted through rulemaking by the United
States Department of Transportation (US DOT).
23. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49
CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant ar any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the
Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded
from tier to tier up to the recipient.
24, NO FEDERAL. GOVERNMENT DELIGATION TO THIRD PARTIES RY USE OF A DISCLAIMER
The Contractor shall acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying Contract, absent the express
written consent by the Federal Government, the Federal Government is not a party to this Contract and
shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether
or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The
Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions
25. PRE -AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK PURCHASES
The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C_F_R.
part 663. The Contractor shall comply with the Huy America certification(s) submitted with its proposal/bid.
The Contractor agrees to participate and cooperate in any pre -award and post -delivery audits performed
pursuant to 49 C.F.R. part 663 and related FTA guidance.
PATENT RIGHTS. RIGHTS IN DATA AND COPYRIGHTS REQUIREME
Intellectual Property Rights
This project is funded through a Federal award with FTA for experimental, developmental, or research
work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in
the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access
and licenses deemed necessary for the work performed under this Agreement and in accordance with the
requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement
and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum,
include the following restrictions: Except for its own internal use, the Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize
others to do so, without the written consent of FTA, until such time as FTA may have either released or
approved the release of such data to the public. This restriction on publication, however, does not apply
to any contract with an academic institution. For purposes of this agreement, the term "subject data"
means recorded information whether or not copyrighted, and that is delivered or specified to be delivered
as required by the Contract. Examples of "subject data" include, but are not limited to computer software,
standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical
CFDA 20.507 (Urbanized Area Formula Program)
Now, C'
l[[ Ig( 1.'YJ8C,rnrplrv�s-rhidefurJ'rnurrnwrrnl;!)f]x'l�rA1,yT+Yhlrrsrrr•Ap cpps o#Ceitrrlj-AlViAYM10Pr*uWwi.r.VIAlksoPrwhmI4�cwrrHMitOrrHN6
Revised 1-4-19 FCP-26
C �C
EXHIBIT 1-01
FEDERAL CONTRACT PROVISIONS (FTA
reports, catalog item identifications, and related information, but do not include financial reports, cost
analyses, or other similar information used for performance or administration of the Contract.
1. The Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject
data or copyright described below. For "Federal Government Purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may
not extend its Federal license to any other party. a. Any subject data developed under the Contract, whether
or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using
Federal assistance in whole or in part by the FTA.
2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research
work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's
license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject
data first produced under the Contract for which a copyright has not been obtained. If the experimental,
developmental, or research work, which is the subject of this Contract, is not completed for any reason
whatsoever, all data developed under the Contract shall become subject data as defined herein and shall
be delivered as the Federal Government may direct.
3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to
indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting
within the scope of their official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising
out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under
that contract. The Contractor shall be required to indemnify the Federal Government for any such liability
arising out of the wrongful act of any employee, official, or agents of the Federal Government.
4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under
any patent or be construed as affecting the scope of any license or other right otherwise granted to the
Federal Government under any patent.
5. Data developed by the Contractor and financed entirely without using Federal assistance provided by
the Federal Government that has been incorporated into work required by the underlying Contract is exempt
from the requirements herein, provided that the Contractor identifies those data in writing at the time of
delivery of the Contract work.
6. The Contractor agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance.
27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
(Applies to subcontracts at every tier)
(i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the penalties
of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
(ii) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with
CFDA 20.507 (Urbanized Area Formula Program)
Sources ref: FTA FYIS Carp Review Guide jor Prtxuremenr, UOTFTA FMA -later Agreeuieni Getiernll)-Applicable Provisions; !TA /Jest Ponciices Procurement Oct. 1016
Revised 1-4-19 FCP-27
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S,C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate.
(iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
28. PROVISIONS FOR RESOLTUiON OF DISPUTES BREACHES OR OTHER LITIGATION
BREACHES AND DISPUTE RESOLUTION
(Applies to subcontracts at every tier over $150,000)
Disputes - 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 the vendor 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 the vendor with full decision-making authority and by OWNER'S
staff person 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. Stats.
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.
29. PROMPT PAYMENT AND RETURN OF RETAINAGE 49 C.F.R. part 26
Prompt Payment
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance
of its contract no later than 30 days from the receipt of each payment the prime contract receives from the
BCC.
Retainage
If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to
return retainage payments to each subcontractor within 30 days after the subcontractors work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the COUNTY.
30. RECYCLED PRODUCTS
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Recovered Materials. The Contractor agrees to provide a preference for those products and services that
conserve natural resources, protect the environment, and are energy efficient by complying with and
facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended,
42 U,S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement
Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247.
CFDA 20.507 (Urbanized Area Formula Program)
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Revised 1-4-14 1~CP-28
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
31 SAFE OPERATION OF MOTOR VEHICLES (Applied to Subcontracts at Every Tier)
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its
employees and other personnel that operate company-owned vehicles, company -rented vehicles, or
personally operated vehicles. The terms "company-owned" and "company -leased" refer to vehicles owned
or leased either by the Contractor or AGENCY.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers, including policies to ban text messaging while using an electronic device supplied by an
employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a
privately -owned vehicle when on official business in connection with the work performed under this
agreement.
32. SCHOOL BUS OPERATIONS
The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school
bus operations using federally funded equipment or facilities in competition with private operators of school
buses, except as permitted under:
i. Federal transit laws, specifically 49 U.S.C. § 5323(f);
ii. FTA regulations, "School Bus Operations," 49 C.F.R. part 605;
iii. Any other Federal School Bus regulations; or
iv. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
i. Bar the Contractor from receiving Federal assistance for public transportation; or
ii. Require the contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the contractor may not use
federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each subcontract or purchase under this
contract that may operate public transportation services.
33 SEISMIC SAFETY REQUIREMENTS (Applies to subcontractors)
The contractor agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the
regulation. The contractor also agrees to ensure that all work performed under this contract including work
performed by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
34. SPECIAL DEPT. OF LABOR EEO CLAUSE FOR CONSTRUCTION CONTRACTS
(Applies to contracts and subcontracts >$10,000)
Equal Employment Opportunity Requirements for Construction Activities. The Contractor will comply,
when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. chapter 60, and
(b) Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24,
1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order
that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
((FTA Master Agreement (24), 10-1-2017; § 12.d(3)]
CFDA 20.507 (Urbanized Area Formula Program)
Sauces ref.: p7A FYl8 Comp. Review, Guide jar Procure near, D07'! PA FYI AA4nsier Ag'eeiuenl Genernll), Applicable Provisions; (TA Iksi Practices Procurexieiu Oct 1016
Revised 1-4-19 FCP-29 j
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA
35. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES STATE GRANT PROVISIONS
Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant
for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited
to, the following; Employment upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, Contractors must insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials.
Interest of Members of Congress: No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this contract or to any benefit arising there from.
Interest of Public Officials: No member, officer, or employee of the public body or of a local public body
during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the
proceeds thereof. For purposes of this provision, public body shall include municipalities and other political
subdivisions of States; and public corporations, boards, and commissions established under the laws of
any State.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or a state agency.
Restrictions, Prohibits, Controls, and Labor Provlslons: During the performance of this contract, the
following provisions are to be included in each subcontract entered into pursuant to this contract:
aj 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, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non -responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the County.
d) Neither the County nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the County or the locality during tenure
or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
and if such interest is immediately disclosed to the County, the County, with prior approval of the Florida
Department of Transportation, may waive the prohibition contained in this paragraph provided that any such
present member, officer or employee shall not participate in any action by the Agency or the locality relating
to such contract, subcontract or arrangement.
CFDA 20.547 (Urbanized Area Formula Program)
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Revised 1-4-19 FCP_30
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EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FT
The County shall insert in all contracts entered into in connection with the Project or any property included
or planned to be included in any Project, and shall require its contractors to insert in each of their
subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, for
the inspector general to have access to any records, data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
Employment Eligibility (Using E -Verify)
a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the Agency during the term of the Agreement; and
b) Shall expressly require any contractors and subcontractors performing work or providing services
pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify
system to verify the employment eligibility of all new employees hired by the contractor or subcontractor
during the Agreement term.
36. TERMINATION PROVISIONS
(Applies to Subcontracts at Every Tier in Excess of $10,000)
All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole
or in part, at any time by written notice to the Contractor when it is in the COUNTY's best interest. The
Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the
time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid
the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the
Contractor will account for the same, and dispose of it in the manner the COUNTY directs.
ii. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor
fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other
provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be
effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor
is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing,
such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor,
the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a
termination for breach or default, allow the Contractor [an appropriately short period of time] in which to
cure the defect. In such case, the notice of termination will state the time period in which cure is permitted
and other appropriate conditions
CFDA 20.507 (Urbanized Area Formula Program)
Sources ref: !•"lA FY'18 Comp. Revieiv Guide for hwarement DOT F PA PTM A -faster Agreement Generally Applicable Provisions; FIA Rest Practices Procurement Oct. 2016
Revised 1-4-19 FCP-31
C,
EXHIBIT 4-01 FEDERAL CONTRACT PROVISIONS (FTA)
If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants,
or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from
COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the
Contract without any further obligation to Contractor. Any such termination for default shall not in any way
operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties
for said breach or default.
iv, Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not
limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition
of this Contract.
v, Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written
notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this
contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this
contract for services rendered before the effective date of termination,
vi. Termination for Default (Supplies and Service) If the Contractor falls to deliver supplies or to perform
the services within the time specified in this contract or any extension or if the Contractor fails to comply
with any other provisions of this contract, the COUNTY may terminate this contract for default. The
COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of
the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth In this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as If the termination had been issued for
the convenience of the COUNTY.
vii. Termination for Default (Transportation Services) If the Contractor faits to pick up the commodities
or to perform the services, including delivery services, within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may
terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of default. The Contractor will only be paid the contract price for services
performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall,
upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its
agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods.
Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued for
the convenience of the COUNTY.
vlii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified in this contract or
any extension or fails to complete the work within this time, or if the Contractor fails to comply with any
other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In
this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for completing the
work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the Contractors
CFDA 20.507 (Urbanized Area Formula Program)
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k
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (FTA)
right to proceed with the work is terminated, This liability Includes any increased costs incurred by the
COUNTY in completing the work,
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under
this clause if -
a. The delay In completing the work arises from unforeseeable causes beyond the control and without the
fault or negligence of the Contractor. Examples of such causes Include: acts of God, acts of the COUNTY,
acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine
restrictions, strikes, freight embargoes; and
b. The contractor, within 1101 days from the beginning of any delay, notifies the COUNTY in writing of the
causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the
work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but
subject to appeal under the Disputes clauses,
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the
Termination had been issued for the convenience of the COUNTY.
ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate
this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor
to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice,
the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise),
and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries,
and other information and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete
the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the
COUNTY.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued for
the convenience of the COUNTY.
x. Termination for Convenience of Default (Cost -Type Contracts) The COUNTY may terminate this
contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state
whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the
termination is for default, the notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its possession paid for from
funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination
is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in
proportion to the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out
costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the
time of termination.
CFDA 20.507 (Urbanized Area Formula Program)
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Revised 1-4-19 FCt�"��
0
EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS
If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an
excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are
beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
37. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
The Contractor agrees to comply with the following protective arrangement of 49 U.S,C. § 5333(b):
I. U.S. DOL. Certification. Under this Contract or any Amendments thereto that involve public
transportation operations that are supported with federal assistance, a certification Issued by U.S. DOL is
a condition of the Contract.
ii. Special Warranty. When the Contract involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. COL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
U.S. DOL Special Warranty is a condition of the Contract.
iii. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing
public transportation operations pursuant to 49 U,S,C. § 5310. FTA reserves the right to make case-by-
case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized
under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and,
in those instances, any special arrangements required by FTA will be incorporated herein as required.
38. FEDERAL PRIVACY ACT REQUIREMENTS
Applicability— When a grantee maintains files on drug and alcohol enforcement activities for FTA, and
those files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts except micropurchases ($10,000 or less, except for construction
contracts over $2,000)
The following requirements apply to the Contractor and Its employees that administer any system of
records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
Information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 5523,
Among other things, the Contractor agrees to obtain the express consent of the Federal Government
before the Contractor or Its employees operate a system of records on behalf of the Federal Government.
The Contractor understands that the requirements of the Privacy Act, including the civil and oriminal
}penalties for violation of that Act, apply to those Individuals involved, and that failure to comply with the
terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FTA.
CFDA 20.507 (Urbaniytd Area Formula Program)
S''Ifrc"'of FIA F91XCMjr AW11rurernIIMM1lmIf" ITA rk+i1".ejfes1'mclercnrurrPyr,7016
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L,i�7
EXHIBIT LB GRAM' CERTIFICATIONS AND ASSURANCES
FTA GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO 13E RETURNED WITH SOLICIATION
DOCUMENTS BY DEADLINE TO BE CONSIIDEREID RESPONSIVE
Page Certification and Form
GCA -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered "Transactions
GCA -3 Certification of Lower -Tier Participants Regarding Debarment, Suspension, and Other
Ineligibility and Voluntary Exclusion
GCA -4 Collier County Conflict of Interest Certification
GCA -5 Anticipated DBE, M/WBE or VETERAN Participation Statement
GCA -6 Bid Opportunity List for Commodities and Contractual Services and Professional
Consultant Services
GCA -7 Federal Lobbying Certification
GCA -8 Acknowledgement of Grant Terms and Conditions
GCA -1
EXI-i1BIT LB
GRANT CI",RTIVICATIGNS AND ASSURANCES
COLLIER COUNTY
Certitieation Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge, and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded Croat covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
,judgment rendered against them ror commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or Statc antitrust statutes or commission of
e:mberzleinent, the$, forgery, bribery, falsification or dcstruction of records, making false
statements, or receiving; stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a goveni mental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period pteceding this applicationlproposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
David E. Torres
Name
Manager
Title
Coastal Concrete Products, LLC
dba Coastal Site Development
Firm
7742 Alico Road, Fort Myers, FL 33912
Street Address, City, State, Zip
4��
Construction of Bus Shelter at Wiggins Pass
Project Name
19-7579 _
Project Number
27-3668614
TitJt 1Q Number
DUNS Number
GCA -2
9
EXHIBIT 1.13
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification of Lower -Tier Participants Regarding Debarment, Suspension, and Other Ineligibility
and Voluntary Exclusion _
(1) The prospective Lower -Tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective pairticipant shall attach an explanation to this proposal.
David E. Torres
Name
Manager
Title
Coastal Concrete Products, LLC
dba Coastal Site Development
Firm
7742 Alico Road, Fort Myers, FL 33912
Street Address, City,
Signature
Construction of Bus Shelter at Wiggins Pass
Project Name
19-7579
Project Number
27-3688614
Tax ID Number
DUNS Number
GCA-3
EXHIBIT 1.13
19-7579
Collier County Solicitation No.
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
1, David E. Torres hereby certify that to the best of my knowledge,
neither I not my spouse, dependent child, general partner, or any organisation for which I am serving as an
officer, director, trustee, general partner or employee, or any person or organization with whom l am
negotiating or have an arrangement concerning prospective employment has a financial interest in this
matter,
I further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household. Also, to the best of my knowledge, no member of my household; no relative with
whom 1 have a close relationship; no otic+ with whom my spouse, parent or dependent child has or seeks
einployinent; and no organlzation with which i am seeking n business relationship nor which i now serve
actively or have served within the last year are prtrtio: or represent a party to the matter.
also acknowledge ttty responsibility to disclose the acquisition of any finaticial or personal interest as
described above that would be affected by the matter, and to disclose any interest I, or anyone noted above,
has in any person or ort aniTation that does become involved in, or is affected at a later date by, the conduct
of this matter.
David E. Torres
Name
Manager
Position
�r_
04/30119
Date
Privacy Act Stateneent
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App,), Executive Order 12674 and 5 CFR d'art
2634, Subpart I require the reporting of this information. The primary use of the information on this form is
for review by officials of The Justice Department to determine compliance with applicable federal conflict
of interest laws and regulations. Additional disclosures of the information on this report may he made. (l) to
a federal, state or local law enforcement agency if the Justice department becomes aware of a violation or
potential violation of law or regulations; (2) to a court or party in a court or federal administrative
proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a source
when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the
National Archives and Records Administration or the General Services AdministmLion in records
management inspections; (5) to the Office of Management and Budget during legislative coordination on
private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in
a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential
certification will not be disclosed to any requesting person unless authorized by law. See also the
OGE/GOVT-2 executive branch -wide Privacy Act system of records.
OCA - 4
(a
EXHIBIT LB
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
status IuM be verifiad. unver4able statuses vA regmre to PRiw to either prdvde a reOied statement or provide source documentation that .validates a
status,
A. PRIME'VEItiDOR/CONTRACTOR, iNFORMATION
PRIME NAME PRIME MD NUMtBER. CONTUCT DOLLa.R APAr3UNT
Coastal Concrete Products, LLC 27-3688614
dba Coastal Site Development
THE9RtdE A RO.RtDA-CERTIFIEDDISAMA115AGED, VErERBN v-STHEA.CTIVITYOFTHIS CONTR,°+.CT._.
�1110n}TrC+0.V Ot.4FN 9U9HESS EHTEPP"tiSE? DBE? v �U')
CONSMUCTION .
(DBEftiBE(W5E) OR HAVE GStv1AUDISADVAMAGED BUSINESS Bi+C£P..TIFICATIONFROtJ,THESMALLBUSINE55 COSFSLiLTAT?ON? YNADMIMSTRATION? A SERVICE DISABLED MERAN? Wile? Y OTHER, Y N
50D SA? Y
IS TH SS'iYBN9I$SiOIN A RE5.ASION3 Y N If YES, REVISION NUMBER
B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DiSADVANTAGED MINORITY, WOIVIEN-OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE MPWBE 5UBCONTRACTOR OR SUPPUIER TYPE CF WORX OR I EMNICM WIDE I SUBISUPPLI€R TERC: MT of CONTRACT
VIFTER,Pit3 N.9 SP£CLALTY Isee B-3Dw1 ESOt1LAR AMTTlUf;i6 DOLLARS
TOTAL;:
tvECTI t TO BE NI ETED BY PRIME VENDEIR/CONTRACTOR
NAME OF +BMfTfW DATE TrtLEOFSUBMITT&R
David E. Torres 04/30/19 Manager
Eh9AILADE)RESS OF PRi E?t TELEPHONE NUMBER F'AK. NUMBER
David@torrescornpanies,com 239.208.4079 239.334.1399
NOTE: T hIs in'lomatioi2 is =;Lsedto tract, and report anticipated DBE O 2.96E participation in federally-funcett co:atracts. Ttte antidpated TfBE or
th1BE amount is voluntary nand will not become part of the contractual tarns. This Senn ntusi he su�nittetCat ti:rre of r sponse b3 a
sal icitation. -f and when wvarded a Caunty cont:=act, the prune will be asked to update the infirmatian for the grant cconpliance ties.
ET28Nft Y
CODE
S1ackAmp€scan
els
Hispanic.L,rretican
HA
uativ+--A,refl an
NA
subm,it..SsIBn A.mP_tican
SAA
ta*t�RasifiGe5rm2>icaR
APA
uon-miltolity Women
WOW
toter; not *f any otfw gro'atp listed
O
p tIFBr'UP or
IiACCEPTED BY: ( DATE I
GCA - 5
CXHIBIT I.B
GRANT CERTIFICATIONS AND ASSURANCES
PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICB
AND PROFESSIOI JAL COI ISULTANT SERVICES
h fs tJae tt Pi:y� of Col"Iie" Count" Shot ri�siva'uanIaged busfnesses anJ n ivaon?fy° vzvwofs, as wefr.'ed in riga pep Uhl tic, ns iC,e i,,) ��
FibrFdoStonr>,esdFS%must htiYethe o0 zvnunffl`to ortiCionteof, zonVocts'YNn'1 ete,,o,' tr.?L�.rsiAteiQrnnt{15sist=Ce.
Pri;ms Contractorl'rrirne Co sjitBnt: Coastal Concrete Products, LLC dba Coastal Site Development
Address and Picone Number: 7742 Alico Road, Fort Myers, FL 33912 239.208.4079
Procuren-entEBamber,+Advertiserrent Number.
19-7579
zhe list below is drrtended to be a listing of iiftrrs that are, or attempting to, Barticipate on the �wojea numbered.aEce. lihe 11,1 roust
ind ude the firm bidding or quotima as pure, as subs and supg'jets quoting for part?'cipatjor dine corttra=t s a nd consu?tants must
prek-ide hnfor.mBticn for Numbers 1, z, 1', and a; and, should provide Brgi:nform ationthey have foe Numbers 5, 6, r, and 6. 1*5 form must
be submitted with the lu:d package.
1. Fedzrai Tan IP Number:
�. FlsmName:
27-36886146.
Coastal Concrete Products, LLC
Dae
Elrac,LDBE
. Annual Gross aecepts
Lesthan 5lttTilion
3_ Phone 2nurmbtr:
dba Coastal Site Development
Between 1-5 rr,"411cis
ddress
3742 Alico RoadBereeeri
5-1C re'lli t
Fort Myers, FL 33912
7.[]
ar�traRt~r
utcontractor
xx
Bety"aen $ le -15 M.ilnxt
®SFJ'
sutcansuttant
Su consultant
Mot+than $ 1- m1i lio,
5. V=as ffirm Established;
M07tThan $ is mi#floft
XX Prime
6.
S. Year Firm Established:
2010
B. Phone elurnber:
1. Federal Tan lB P _umber:
2. firm Nattie:
6. DBE
iJa�c-DBE
a.. Annual Gross Ve Y: pts
LeSS than'r 1 ate lion
s. Address
B. Phone Number.
Between r 5.16 mnlliCA
Between $ 1-5 rr'>Ilicei
S. Address
Su'tcontractor
Betreen S 5-14 nt llio+t
7.
5U1=ft5Ultant
tx.r.trador
more than $ 15 m6ion
Between $ 1615 mHlionn
®5
su�"nsuftara
moTe than s 15 m,' lion
s. Year Firm Established:
1. Federal Tax ID number.
3. F'rm Name:
6.
DBE
Nsn-DBE
'B-. Annual Gross aec*pts
Less than S 1 nil'lion
3. Phoner,um.ber:
Betdreeny 1-5 nt^llion
x. a. dress
Bety een $ 5-16 m 1101
7.
ar�traRt~r
Bourdon $ la"Is M' Alicx.
®SFJ'
sutcansuttant
Mot+than $ 1- m1i lio,
5. V=as ffirm Established;
t
1. fedora. Tan ID
Y. Fsrm Name:
6.
DBE
N�,t-DBE
S3 Annual Gross A_�ceepts
Leers than 51 miifion
B. Phone elurnber:
Betreen $ 1-5 rr=liicA'r
s. Address
Between r 5.16 mnlliCA
7f]
Su'tcontractor
sereieen S 1015 nt'sllioer
5U1=ft5Ultant
more than $ 15 m6ion
5. Yead Firm Established:
GCA - 6
EXHIBIT 1.13
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Lobbying
Me undersigned certifies, to the best of his or her knowledge;, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or allemptizig to influences an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Fuderal contract, the matting of any Federal grant, the muking of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of ftivt upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction unposed by 3 I, U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10.000 and not more than $100,000 for each such failure.
-rhe Contractor, David E. Torres :, certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 dt seq., apply to this certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes.,
apply t this 'nrliis rsure, iFany.
Signature of Contractor's Authorized Official
David F res Manager Nacre of Authorized Official and Title
01/30119 Date
GCA - 7
0
EXHIBIT 11.13
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts; if Lhe vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval, The vendor agrees
10 include in the subcontraol that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state turd federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
The recipient shall document in the quailerly report the subcontractor's progress in performing its work
under this agreement, For each subcontract, the Recipient shall provide a written statement to the
Department as to whether the subcontractor is a minority vendor as defined in Section 288.743, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to pel-form all of the specifications and grana
requirements identified in this solicitation dooument(s).
Coastal Concrete Products, LLC
Vendor/Contractor Name dba astal Site Development Date 04/30119
Authorized Signature T ��'`�' % David L. Torres - Manager
Address 7742 Alico Road
'Port'Mv FL 2
Solicitation/Contract # 19-7579
GCA - 8
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