Agenda 11/12/2019 Item #11C (Contract #19-7611 PWC Joint Venture, LLC)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve the award of Invitation to Bid No. 19 -7611, U.S. 41 North Water Main
Replacement Phase 2, to PWC Joint Venture, LLC, in the amount of $2,488,340, authorize the
Chairman to sign the attached agreement, and authorize the necessary budget amendments
(Project Number 70247).
OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a
compliant and reliable potable water system to Collier County Water-Sewer District customers.
CONSIDERATIONS: The proposed scope of work under Project No. 70123, “Naples Park Water Main
Replacement” is consistent with the FY2020 CIP Budget approved by the Board of County
Commissioners on September 19, 2019.
The existing 50-year-old cast iron water main located along the western right-of-way of US 41 between
91st and 110th Avenues North has reached the end of its useful life and needs replacement. Repairs have
been problematic because the existing water main is installed underneath a gas line in some areas. To
minimize water outages to all businesses along the project corridor, the project was divided into two
phases. Phase 1, which is complete, removed and relocated all existing commercial meters and fire
services from the existing water main so as not to impact these customers in Phase 2. This project, Phase
2, installs a new water main not in conflict with the gas main, and abandons the existing water main. It
also includes relocation of four sewer laterals and installation of seven new manholes
During construction of Phase 1, and after the bid for Phase 2 was due, County staff received feedback
from the local community regarding construction during tourism season and potential loss of business. In
response, Phase 2 will start construction after May 1, 2020.
On May 6, 2019, the Procurement Services Division released Invitation to Bid No. 19-7611 to eight
thousand four hundred and twenty-eight (8,428) contractors for the “U.S. 41 North Water Main
Replacement Phase 2” project. Contractors downloaded one hundred twenty-one (129) bid packages, and
the County received five bids by the June 7, 2019 deadline.
The County found the five bidders to be responsive and responsible. The bids received are summarized in
the below chart and the attached bid tabulation (Attachment 1).
Company Name City County State Amount Responsive/
Responsible
PWC Joint Venture, LLC Fort Myers Lee FL $2,488,340 Yes/Yes
Quality Enterprises USA, Inc Naples Collier FL $2,574,230 Yes/Yes
Andrew Sitework, LLC Fort Myers Lee FL $2,834,791 Yes/Yes
Douglas N. Higgins, Inc Naples Collier FL $3,043,490 Yes/Yes
Metro Equipment Services, Inc Miami Broward FL $3,731,025 Yes/Yes
The total bid includes an Owner-directed project allowance of $200,000 (8% of the bid subtotal) for
unforeseen and unanticipated conditions that may be encountered during construction. Use of the
allowance funds will be approved by Collier County prior to the execution of any work and will be billed
at the appropriate contract price based on a lump sum, unit price, or time and materials basis, consistent
with the contract and County Procurement policies.
Staff reviewed the bids received and determined the lowest bid to be fair and reasonable and recommends
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awarding the project to PWC Joint Venture LLC, the lowest, responsive and responsible vendor. The bid
received was within 3 percent less than the engineer’s opinion of probable cost as shown in the Bid
Analysis (Attachment 2). In its recommendation letter dated June 19, 2019 (Attachment 3), the desi gn
professional, Grady Minor & Associates, P.A. also recommends awarding the project to PWC Joint
Venture LLC, who has a satisfactory performance and warranty record on previous, similar, utility -related
projects outside of Collier County. The Collier Cou nty Procurement Division concurs with that
recommendation in the attached Notice of Recommended Award (Attachment 4).
FISCAL IMPACT: The source of funding is Water User Fees, Fund (412) and Wastewater User Fees,
Fund (414). A budget amendment of $2,855,000 is required to reallocate funds within the Water and
Wastewater User Fee Funds (412) and (414). The Budget amendment includes the amounts needed for
construction ($2,488,340), construction administration services ($120,000 estimated), construction
inspection services ($200,000 estimated), and public information services ($42,000 estimated). There is
an inherent reduction in operating costs due to the replacement of the asset at the end of its useful life.
The project is anticipated to complete in 2020.
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 v iable public facilities and to remain in compliance
with all regulatory programs.
RECOMMENDATION: Recommendation to approve the award of Invitation to Bid No. 19-7611, U.S.
41 North Water Main Replacement Phase 2 (Project Number 70247), to PWC Joint Venture, LLC, in the
amount of $2,488,340, authorize the Chairman to sign the attached agreement, and authorize the
necessary budget amendments.
Prepared By: Diana C. Dueri, PMP, Senior Project Manager, Public Utilities Department, Engineering
and Project Management Division
ATTACHMENT(S)
1. Attachment 1 Bid Tabulation (PDF)
2. Attachment 2 Bid Analysis (PDF)
3. Attachment 3 Recommendation Letter (PDF)
4. Attachment 4 - NORA Executed (PDF)
5. [Linked] 19-7611 PWC Joint Venture LLC_VendorSigned_with_Bonds (PDF)
6. 19-7611 PWC Joint Venture_Insurance_10-7-2019 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 10571
Item Summary: Recommendation to approve the award of Invitation to Bid No. 19-7611, U.S. 41
North Water Main Replacement Phase 2, to PWC Joint Venture, LLC, in the amount of $2,488,340,
authorize the Chairman to sign the attached agreement, and authorize the necessary budget amendments,
Project Number 70247. (Tom Chmelik, Director Engineering and Project Management Division)
Meeting Date: 11/12/2019
Prepared by:
Title: Project Manager – Public Utilities Planning and Project Management
Name: Diana Dueri
10/17/2019 1:11 AM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
10/17/2019 1:11 AM
Approved By:
Review:
Water Pamela Libby Additional Reviewer Completed 10/17/2019 7:41 AM
Public Utilities Planning and Project Management Michael Stevens Additional Reviewer Completed 10/17/2019 8:15 AM
Water Steve Messner Additional Reviewer Completed 10/17/2019 9:04 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/17/2019 10:07 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/17/2019 10:22 AM
Wastewater Beth Johnssen Additional Reviewer Completed 10/17/2019 10:34 AM
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 10/18/2019 11:10 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/18/2019 1:18 PM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 10/18/2019 2:05 PM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 10/18/2019 3:26 PM
Procurement Services Priscilla Doria Additional Reviewer Completed 10/21/2019 9:28 AM
Procurement Services Ted Coyman Additional Reviewer Completed 10/22/2019 9:37 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/22/2019 9:45 AM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 10/23/2019 11:55 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/25/2019 3:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2019 3:56 PM
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Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2019 12:16 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/01/2019 4:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 11:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
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Kristofer Lopez, Procurement Strategist
Diana Dueri, Project Manager
19-7611 Bid Tabulation Invitations Sent: 8428
Downloaded: 121
Submitted: 5
Item No.Item Description QTY Unit Unit Price Bid Total Unit Price Bid Total Unit Price Bid Total Unit Price Bid Total Unit Price Bid Total
1.1 Mobilization/Demobilization (Max 10% of Base Bid Total)1 LS $ 232,800.00 $ 232,800.00 $ 250,000.00 $ 250,000.00 $ 244,979.00 $ 244,979.00 $ 304,000.00 $ 304,000.00 $ 370,000.00 $ 370,000.00
1.2 Maintenance of Traffic 1 LS $ 45,000.00 $ 45,000.00 $ 60,000.00 $ 60,000.00 $ 91,399.00 $ 91,399.00 $ 303,000.00 $ 303,000.00 $ 735,000.00 $ 735,000.00
1.3 Survey Layout & Record Drawings 1 LS $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 85,477.00 $ 85,477.00 $ 15,000.00 $ 15,000.00 $ 150,000.00 $ 150,000.00
1.4 Erosion and Sedimentation Control 1 LS $ 50,000.00 $ 50,000.00 $ 15,000.00 $ 15,000.00 $ 172,829.00 $ 172,829.00 $ 15,000.00 $ 15,000.00 $ 50,000.00 $ 50,000.00
1.5 Pre-Construction Video & Photographs 1 LS $ 1,500.00 $ 1,500.00 $ 2,200.00 $ 2,200.00 $ 5,346.00 $ 5,346.00 $ 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00
1.6 Existing Utility Soft Digs 30 EA $ 850.00 $ 25,500.00 $ 1,100.00 $ 33,000.00 $ 428.70 $ 12,861.00 $ 700.00 $ 21,000.00 $ 300.00 $ 9,000.00
$ 374,800.00 $ 380,200.00 $ 612,891.00 $ 667,000.00 $ 1,324,000.00
2.1 Water Main Installation
a.6" C900 PCV Open Cut 250 LF $ 50.00 $ 12,500.00 $ 55.00 $ 13,750.00 $ 65.00 $ 16,250.00 $ 90.00 $ 22,500.00 $ 120.00 $ 30,000.00
b.8" C900 PVC Open Cut 300 LF $ 58.00 $ 17,400.00 $ 85.00 $ 25,500.00 $ 126.84 $ 38,052.00 $ 160.00 $ 48,000.00 $ 150.00 $ 45,000.00
c.10" PVC Slot Trench/Open Cut/Hand Dig 720 LF $ 90.00 $ 64,800.00 $ 99.00 $ 71,280.00 $ 233.35 $ 168,012.00 $ 123.00 $ 88,560.00 $ 170.00 $ 122,400.00
d.10" HDPE Slot Trench/Open Cut/Hand Dig 2530 LF $ 113.00 $ 285,890.00 $ 77.00 $ 194,810.00 $ 98.40 $ 248,952.00 $ 123.00 $ 311,190.00 $ 170.00 $ 430,100.00
e.10" HDPE Pipe Bursting 2530 LF $ 150.00 $ 379,500.00 $ 155.00 $ 392,150.00 $ 170.70 $ 431,871.00 $ 153.00 $ 387,090.00 $ 170.00 $ 430,100.00
f.10" HDPE Directional Drill 1150 LF $ 105.00 $ 120,750.00 $ 150.00 $ 172,500.00 $ 100.70 $ 115,805.00 $ 119.00 $ 136,850.00 $ 170.00 $ 195,500.00
2.2 Gate Valves and Boxes
a.6--inch Gate Valve 11 EA $ 1,200.00 $ 13,200.00 $ 1,650.00 $ 18,150.00 $ 1,370.00 $ 15,070.00 $ 1,500.00 $ 16,500.00 $ 1,500.00 $ 16,500.00
b.8-inch Gate Valve 11 EA $ 1,450.00 $ 15,950.00 $ 2,100.00 $ 23,100.00 $ 1,743.00 $ 19,173.00 $ 1,800.00 $ 19,800.00 $ 1,600.00 $ 17,600.00
c.10-inch Gate Valve 15 EA $ 2,000.00 $ 30,000.00 $ 2,800.00 $ 42,000.00 $ 2,820.00 $ 42,300.00 $ 2,400.00 $ 36,000.00 $ 2,000.00 $ 30,000.00
d.6" Insert Valve 13 EA $ 7,500.00 $ 97,500.00 $ 10,850.00 $ 141,050.00 $ 8,587.00 $ 111,631.00 $ 4,000.00 $ 52,000.00 $ 4,000.00 $ 52,000.00
e.8" Insert Valve 3 EA $ 9,000.00 $ 27,000.00 $ 12,650.00 $ 37,950.00 $ 10,470.00 $ 31,410.00 $ 14,000.00 $ 42,000.00 $ 4,500.00 $ 13,500.00
f.12" Insert Valve 2 EA $ 13,000.00 $ 26,000.00 $ 27,000.00 $ 54,000.00 $ 16,239.00 $ 32,478.00 $ 18,000.00 $ 36,000.00 $ 10,000.00 $ 20,000.00
2.3 Line Stop
a.6" Line Stop 11 EA $ 4,500.00 $ 49,500.00 $ 4,300.00 $ 47,300.00 $ 5,349.00 $ 58,839.00 $ 3,500.00 $ 38,500.00 $ 2,000.00 $ 22,000.00
b.8" Line Stop 3 EA $ 4,800.00 $ 14,400.00 $ 4,500.00 $ 13,500.00 $ 5,986.00 $ 17,958.00 $ 5,000.00 $ 15,000.00 $ 2,500.00 $ 7,500.00
2.4 Air Release Valves 11 EA $ 2,350.00 $ 25,850.00 $ 2,800.00 $ 30,800.00 $ 2,192.00 $ 24,112.00 $ 2,300.00 $ 25,300.00 $ 1,000.00 $ 11,000.00
2.5 Fire Hydrant Assemblies 15 EA $ 5,200.00 $ 78,000.00 $ 4,800.00 $ 72,000.00 $ 4,473.00 $ 67,095.00 $ 4,900.00 $ 73,500.00 $ 6,000.00 $ 90,000.00
2.6 Temporary Bacteriological Sample Points 17 EA $ 1,150.00 $ 19,550.00 $ 865.00 $ 14,705.00 $ 605.00 $ 10,285.00 $ 800.00 $ 13,600.00 $ 1,000.00 $ 17,000.00
2.7 Connection to Existing Water Main 22 EA $ 5,500.00 $ 121,000.00 $ 3,125.00 $ 68,750.00 $ 2,100.00 $ 46,200.00 $ 11,000.00 $ 242,000.00 $ 5,000.00 $ 110,000.00
2.8 Grout/Abandon Existing Water Main 7,250 LF $ 5.00 $ 36,250.00 $ 13.50 $ 97,875.00 $ 6.14 $ 44,515.00 $ 5.00 $ 36,250.00 $ 2.00 $ 14,500.00
$ 1,435,040.00 $ 1,531,170.00 $ 1,540,008.00 $ 1,640,640.00 $ 1,674,700.00
3.1 Sewer Lateral Relocation
a.Lateral Relocation 1 (Milan Center - 9465 Tamiami Trail N)1 LS $ 2,800.00 $ 2,800.00 $ 4,500.00 $ 4,500.00 $ 11,206.00 $ 11,206.00 $ 9,000.00 $ 9,000.00 $ 15,000.00 $ 15,000.00
b.Lateral Relocation 2 (North Naples Car Wash - 10101 Tamiami Trail N)1 LS $ 4,800.00 $ 4,800.00 $ 4,500.00 $ 4,500.00 $ 7,143.00 $ 7,143.00 $ 10,000.00 $ 10,000.00 $ 14,000.00 $ 14,000.00
c. Lateral Relocation 3 (7-Eleven - 10795 Tamiami Trail N)1 LS $ 2,600.00 $ 2,600.00 $ 4,500.00 $ 4,500.00 $ 7,050.00 $ 7,050.00 $ 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00
d.Lateral Relocation 4 (North Collier Animal Clinic - 10895 Tamiami Trail N)1 LS $ 2,800.00 $ 2,800.00 $ 4,500.00 $ 4,500.00 $ 6,770.00 $ 6,770.00 $ 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00
3.2 Precast Polymer Concrete Manhole 7 EA $ 9,000.00 $ 63,000.00 $ 9,650.00 $ 67,550.00 $ 11,306.00 $ 79,142.00 $ 18,000.00 $ 126,000.00 $ 25,000.00 $ 175,000.00
3.3 Abandon Existing Conflict Box 1 EA $ 1,800.00 $ 1,800.00 $ 2,700.00 $ 2,700.00 $ 5,523.00 $ 5,523.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00
3.4 Abandon/Dispose Manhole 7 EA $ 3,800.00 $ 26,600.00 $ 2,300.00 $ 16,100.00 $ 2,875.00 $ 20,125.00 $ 2,000.00 $ 14,000.00 $ 5,000.00 $ 35,000.00
3.5 Abandon/Dispose Existing Gravity Main 2000 LF $ 5.00 $ 10,000.00 $ 13.50 $ 27,000.00 $ 4.50 $ 9,000.00 $ 5.00 $ 10,000.00 $ 2.00 $ 4,000.00
$ 114,400.00 $ 131,350.00 $ 145,959.00 $ 192,000.00 $ 268,000.00
4.1 Remove, Dispose, and Replace Driveway
a.Asphalt Driveway (Remove, Dispose, Replace)60 SY $ 190.00 $ 11,400.00 $ 66.00 $ 3,960.00 $ 172.80 $ 10,368.00 $ 180.00 $ 10,800.00 $ 90.00 $ 5,400.00
b.Reinforced Concrete Driveway (Remove, Dispose, Replace)125 SY $ 170.00 $ 21,250.00 $ 68.00 $ 8,500.00 $ 165.64 $ 20,705.00 $ 180.00 $ 22,500.00 $ 120.00 $ 15,000.00
4.2 Remove, Dispose, and Replace Sidewalk 75 SY $ 80.00 $ 6,000.00 $ 58.00 $ 4,350.00 $ 148.88 $ 11,166.00 $ 180.00 $ 13,500.00 $ 115.00 $ 8,625.00
4.3 Remove, Dispose, and Replace Concrete Curb and Gutter 1400 LF $ 40.00 $ 56,000.00 $ 27.00 $ 37,800.00 $ 29.86 $ 41,804.00 $ 12.00 $ 16,800.00 $ 25.00 $ 35,000.00
4.4 Road Restoration - Stabilized Subgrade 1600 SY $ 7.00 $ 11,200.00 $ 12.00 $ 19,200.00 $ 7.50 $ 12,000.00 $ 5.00 $ 8,000.00 $ 10.00 $ 16,000.00
4.5 Road Restoration - Limerock Base 1200 SY $ 20.00 $ 24,000.00 $ 17.50 $ 21,000.00 $ 16.69 $ 20,028.00 $ 15.00 $ 18,000.00 $ 40.00 $ 48,000.00
4.6 Road Restoration - Flowable Fill 600 CY $ 185.00 $ 111,000.00 $ 260.00 $ 156,000.00 $ 165.22 $ 99,132.00 $ 180.00 $ 108,000.00 $ 100.00 $ 60,000.00
4.7 Road Restoration 2-1/2" Asphalt (Two Lifts)1100 SY $ 65.00 $ 71,500.00 $ 42.00 $ 46,200.00 $ 59.28 $ 65,208.00 $ 65.00 $ 71,500.00 $ 38.00 $ 41,800.00
4.8 Milling & Resurfacing 1150 SY $ 45.00 $ 51,750.00 $ 30.00 $ 34,500.00 $ 48.28 $ 55,522.00 $ 65.00 $ 74,750.00 $ 30.00 $ 34,500.00
$ 364,100.00 $ 331,510.00 $ 335,933.00 $ 343,850.00 $ 264,325.00
5.1 Owner Directed Allowance 1 TBD $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00
$ 2,488,340.00 $ 2,574,230.00 $ 2,834,791.00 $ 3,043,490.00 $ 3,731,025.00
Yes/No
Yes Yes Yes Yes Yes
Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2)Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
Opened by: Kristofer Lopez, Procurement Strategist
Witnessed by: Evelyn Colon, Procurement Strategist
Quality Enterprises USA, Inc Andrew Sitework, LLC Douglas N. Higgins, Inc Metro Equipment Services, Inc
TOTAL
SECTION 4: ROAD RESTORATION
SECTION 3: WASTEWATER
SECTION 5: ALLOWANCES
SECTION 1: GENERAL
SECTION 2: WATER
SECTION 4 SUBTOTAL:
SECTION 2 SUBTOTAL:
SECTION 1 SUBTOTAL:
19-7611 U.S. 41 WATER MAIN REPLACEMENT PHASE 2
SECTION 3 SUBTOTAL:
PWC Joint Venture, LLC
E-Verify
Immigration Affidavit Certification (Form 11)
Vendor Substitute W-9 (Form 12)
Bidders Checklist (Form 13)
Business Tax Receipt
Addendums
Trench Safety Act Acknowledgement (Form 6)
Bid Bond (Form 7)
Insurance and Bonding Requirements (Form 8)
Conflict of Interest Affidavit (Form 9)
Vendor Declaration Statement (Form 10)
Bid Response Form (Form 1)
Material Manufacturers (Form 3)
List of Major Subcontractors (Form 4)
Statement of Experience of Bidder (Form 5)
11.C.1
Packet Pg. 331 Attachment: Attachment 1 Bid Tabulation (10571 : US 41 North Water Main Replacement Phase 2)
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Bid Analysis
U.S.41 North Water Main Replacement Phase 2
KEY:
Dashed Green-
AVERAGE BID
Dashed black-
+/-1 std dev
of avg bid
Dotted red-
+/-20% of eng
estimate for
horizontal
construction
11.C.2
Packet Pg. 332 Attachment: Attachment 2 Bid Analysis (10571 : US 41 North Water Main Replacement Phase 2)
Civil Engineers Land Surveyors Planners Landscape Architects
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
June 19, 2019
Mr. Jim Flanagan
Collier County Procurement Services
3295 Tamiami Trail East
Naples, FL 34112-5361
RE: Letter of Review and Acknowledgement
19-7611 US 41 North Water Main Replacement Phase 2
Dear Mr. Flanagan:
Q. Grady Minor & Associates, P.A. (GradyMinor) has completed our review of the quotes submitted
for the above referenced project and we are pleased to provide the following letter of review and
acknowledgement regarding the bid submittal and references provided by PWC Joint Venture, LLC.
The scope of the US 41 North Water Main Replacement Phase 2 includes replacing the existing water
main via a combination of open cut, horizontal directional drilling, and pipe bursting through the
existing sanitary sewer main. Based on the bid tabulation (attached) provided by the Collier County
Purchasing Division, PWC Joint Venture, LLC (PWC) is the low bidder with a bid amount of
$2,488,340, which is within 3% of the project’s Opinion of Probable Construction Cost (OPCC)
amount of $2,551,375.
PWC Joint Venture, LLC is a joint partnership with firms consisting of experienced utility
construction management services, general contractors, and construction managers. Firms included
in PWC Joint Venture, LLC have experience in Southwest Florida as well as throughout the states of
Florida and Michigan. The projects provided by PWC Joint Venture, LLC as references are primarily
commercial site work and were referenced as a company who manages the work, but uses business
partners and subcontractors for most of the production work.
References were submitted for the following contractors:
PWC Joint Venture, LLC
Weiss Construction, LLC (as a member of the referenced Joint Venture Project)
Subterranean Technologies, Inc.
Cabana Construction of SWFL, Inc.
The following references provided by PWC Joint Venture, LLC were provided in relation to PWC
Joint Venture, LLC as a contractor for the following projects:
1) Orange County Board of Commissioners Y16-742 N. Pine Hills Rd Force Main Reroute,
Orlando, FL (August 2016 – September 2017)
The N. Pine Hills Road Force Main Reroute project included 6,000 LF of 16” and 18”
Directional Drilling and the installation of a 30” line stop at a pump station. The project value
was approximately $1,800,000.
11.C.3
Packet Pg. 333 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
Mr. Jim Flanagan
US 41 Water Main Replacement
Award Recommendation
August 7, 2019
Page 2
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Review and Acknowledgement US 41 Phase 2_Rev1.docx
On June 12, 2019, GradyMinor contacted James Montalvo, a chief inspector for Orange
County Utilities and who provided inspection services for the above referenced job. The
contractor served as a project manager for multiple subcontractors, and performed the job on
budget and within the allotted contract time. The contractor was recommended for future
work.
2) Immokalee Water & Sewer Undersized Replacement Phase I, Immokalee, FL (April 2017-
May 2019)
The Immokalee Water and Sewer Undersized Replacement Phase I project project was part
of a larger initiative to rehabilitate the underground infrastructure within the Immokalee
Water-Sewer District. PWC Joint Venture, installed approximately 58,060 linear feet of water
main via open cut and directional drill methods. The portion of the contract executed by PWC,
LLC was approximately $5,400,000.
On June 11, 2019, GradyMinor contacted Eliot McCandless, PE the Project Engineer from
the Engineer of Record of the project, Greeley and Hansen. The reference contacted provided
generally positive feedback on PWC Joint Venture, LLC’s quality and timeliness of the work.
The reference stated that PWC Joint Venture, LLC is generally easy to work with and
responsive. The contractor was recommended for future work.
3) Immokalee Water & Sewer Undersized Replacement Phase 2, Immokalee, FL (July 2017-
January 2019)
The Immokalee Water and Sewer Undersized Replacement Phase II project was part of a
larger initiative to rehabilitate the underground infrastructure within the Immokalee Water-
Sewer District. PWC Joint Venture, installed approximately 270 new 6”-12” gate valves, 104
new fire hydrants, and 58,350 LF of ductile iron water main via open cut.. The portion of the
contract executed by PWC, LLC was approximately $4,100,000.
On June 11, 2019, GradyMinor contacted Eliot McCandless, PE the Project Engineer from
the Engineer of Record of the project, Greeley and Hansen. The reference contacted provided
generally positive feedback on PWC Joint Venture, LLC’s quality of the work. The contractor
completed the project later than anticipated due to subcontractor problems, but they remained
communicative during that time. The reference stated that PWC Joint Venture, LLC is
generally easy to work with and responsive. The contractor was recommended for future
work.
4) Orange County Board of Commissioners U17-786 MWRF-EWRF Disk Filter Installation,
Orlando, FL (May 2019 - present)
The Orange County Board of Commissioners U17-786 MWRF-EWRF Disk Filter
Installation project included the replacement of pre-purchased disk filters at the orange
County Utilities’ Western Water Reclamation Facility and the Northwestern Water
Reclamation Facility. The project value was approximately $3,100,000.
On June 13, 2019, GradyMinor contacted Terra Reffitt, a chief utilities inspector for Orange
County Utilities. The reference contacted provided positive feedback regarding PWC Joint
Venture, LLC. The project is currently in progress, but milestones have been met within
budget and in a timely manner. There have been field turnover that delayed the project two
weeks, but the contractor has been communicative regarding the delays. While the project is
11.C.3
Packet Pg. 334 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
Mr. Jim Flanagan
US 41 Water Main Replacement
Award Recommendation
August 7, 2019
Page 3
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Review and Acknowledgement US 41 Phase 2_Rev1.docx
not directly similar in nature to the US 41 Water Main Replacement Project, the included
reference does highlight the contractor’s ability to perform work of a high contract value and
under tight deadlines for completing work. The contractor was recommended for future work.
Additionally, GradyMinor contacted the reference provided for Weiss Construction, who is a member
of PWC Joint Venture, LLC via phone and email. No response was received.
In addition to the required references for the lowest bidder, the bid documents required documentation
that could verify five years of experience with key personnel of projects of similar nature and size for
horizontal directional drilling and five years of experience with key personnel for projects of a similar
material, nature, and size for pipe bursting.
PWC Joint Venture listed no subcontractors in Form 4 – List of Major Subcontractors of the Bid
Solicitation Form, but did provide references for Subterranean Technologies, Inc.’s pipe bursting
experience and Cabana Construction of Southwest Florida, Inc.’s horizontal directional drilling
experience. GradyMinor contacted the provided references to discuss if the work performed by the
listed subcontractors was similar in nature to the proposed US 41 Water Main Replacement project
and if work was performed acceptably. All the references were contacted and we received responses
from the following:
Subterranean Technologies, Inc.
1) Little Manatee Isles Sewer Pipe Burst and Upsizing Project, Ruskin, FL (May 2019)
The Little Manatee Isle Sewer Replacement project involved the bursting and upsizing of
gravity sewer pipe in the Little Manatee Isles mobile Home Park. The project was part of a
larger scope to replace the sanitary system within the site performed under a consent order
from the County due to high infiltration rates. The pipe bursting contract was approximately
$116,870
GradyMinor contacted Isaac Bostic, the owner of IB at UR Service, the contractor hired to
perform the work for the Little Manatee Isles Mobile Home Park. The reference contacted
provided positive feedback on PWC Joint Venture, LLC’s work and confirmed that work was
completed last month on time and within budget. The reference recommends PWC Joint
Venture, LLC for future projects.
2) Manatee County Colony Cove Phase II, Ellenton, FL (June 2016-July 2016)
The Colony Cove Phase II project consisted of pipe bursting and upsizing existing pipe from
6 inches to 8 inches. The contract value was $1,524,539.00.
On June 12, 2019, Grady Minor contacted Michael Sturm, the project manager for Manatee
County. The reference contacted provided positive feedback regarding Subterrain
Technologies, Inc. work. The contact explained additional work was required by Subterranean
Technologies, Inc., that was not originally part of the job and they performed it well and were
good at communication during the change. The project was completed on time and within
budget, and no warranty issues have arisen since closeout. The reference recommends the
contractor for future projects.
3) Trade Winds, St. Pete Beach, FL (February 2019 – June 2019)
11.C.3
Packet Pg. 335 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
Mr. Jim Flanagan
US 41 Water Main Replacement
Award Recommendation
August 7, 2019
Page 4
G:\Engineering\PROJ-ENG\C\CCU237\08CDocs\01Bidding-Addenda-COs-Corr\Phase 2 WM BidSync Documents\US 41 North Water Main Replacement Phase 2\20190807 Letter of
Review and Acknowledgement US 41 Phase 2_Rev1.docx
The Trade Winds project included pipe bursting and upsizing an existing privately owned
water main from 6 inches to 8 inches. The contract value was $177,617.
On June 11, 2019, GradyMinor contacted Tom Knapp, the owner of RKM Building
Construction. The reference provided positive feedback regarding Sub terrain Technologies,
Inc.’s work. The contractor was notified of an asphalt warranty issues, and the asphalt was
corrected within a week. The project was completed on time and within the budget. The
reference recommends Subterranean Technologies, Inc. for future projects.
4) Florida State Fairgrounds, Tampa, FL (August 2016)
The Florida State Fairgrounds pipe replacement project was part of a larger initiative to
rehabilitate the underground infrastructure at the Fairgrounds. PWC Joint Venture, LLC’s
provided this reference on behalf of Subterranean Technologies, Inc. Subterranean
Technologies, Inc.’s portion of the project included pipe bursting and upsizing a pipe. The
pipe bursting portion of the contract was approximately $90,000.
GradyMinor contacted Tim Toole on June 11, 2019, the facilities manager for Florida State
Fairgrounds. The reference contacted provided positive feedback on PWC Joint Venture,
LLC’s quality and timeliness of the work performed and highly recommended the contractor
for future projects.
Cabana Construction of SWFL, Inc.
1) Charlotte County Placida Road Sidewalks, Reclaimed Water Main and Force Main, Boca
Grande Causeway, FL (March 2017-March 2019)
The portion of the project Cabana Construction of SWFL, Inc. performed included fusing and
drilling reclaimed water main and force main piping varying in size between 4” and 18”.
On June 17, 2019, GradyMinor contacted Aaron Branch, the project manager for Guymann
Construction. The reference contacted provided positive feedback regarding Cabana
Construction of SWFL, Inc.’s work. No warranty issues and project completed on time and
within budget, will recommend contractor for future jobs.
2) City of Fort Myers Wastewater Interconnect Phase 2 Part 2, Fort Myers, FL (May 2018-
February 2019)
The portion of the project Cabana Construction of SWFL, Inc. performed included horizontal
directional drilling of various sized force main pipe in locations throughout downtown Fort
Myers. The portion of Cabana Construction of SWFL, Inc.’s contract was $ 1,478,725.60
On June 13, 2019, GradyMinor contacted Mark Valin, the project manager for Wright
Construction. The reference contacted provided positive feedback regarding Cabana
Construction of SWFL work. No warranty issues and project completed on time and within
budget, will recommend contractor for future projects.
3) Collier County Utilities MPS 306 Force Main Phase 2, Naples, FL (May 2014 – July 2014)
11.C.3
Packet Pg. 336 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
Mr. Jim Flanagan
US 41 Water Main Replacement
Award Recommendation
August 7, 2019
Page 5
G:\Engineering\PROJ-ENG\C\CCU237\08CDocs\01Bidding-Addenda-COs-Corr\Phase 2 WM BidSync Documents\US 41 North Water Main Replacement Phase 2\20190807 Letter of
Review and Acknowledgement US 41 Phase 2_Rev1.docx
The portion of the project Cabana Construction of SWFL included a 2,000 LF horizontal
directional drill of 30” HDPE. The contract amount of the horizontal directional drill was
$408,000 without material costs.
Grady Minor contacted Dan Higgins, the President of DN Higgins, Inc. on June 13, 2019. The
reference contacted provided feedback regarding issues with work due to plans design
submitted by Johnson Engineering. Due to the issues, Cabana Construction of SWFL couldn’t
perform dewatering within the FDOT ROW. No warranty issues occurred, and the contractor
will recommend contractor for future projects
4) FDOT US 41 & Toledo Blade Blvd., Charlotte County, FL (April 2015-July 2017)
Cabana Construction of SWFL, Inc. completed horizontal directional drills of varying lengths
and sizes ranging from 4 inches to 36 inches. The portion of the project Cabana Construction
of SWFL completed was valued at $518,757.94, not including materials.
GradyMinor contacted Aaron Branch, the project manager for Guymann Construction. The
reference contacted provided positive feedback regarding Cabana Construction of SWFL,
Inc.’s work relating to the timeliness and quality of their work. The project completed on time
and within budget, with nor warranty issues. The reference recommends Cabana Construction
of SWFL, Inc. for future projects.
In addition to the references listed above, GradyMinor attempted to contact eight other contractor-
provided references via phone and email where one was provided, and received no response. PWC
Joint Venture, LLC supplied five references and received four positive responses. Weiss
Construction, LLC. is a member of PWC Joint Enterprises, LLC, and provided one reference, who
did not respond. Subterranean Technologies, Inc. provided nine references relating to the required
work experience, and four provided positive responses. Cabana Construction of Southwest Florida,
Inc. provided five references and received four positive responses. The required experience
information for both Cabana Construction of SWFL, Inc, and Subterranean Technologies, Inc. was
provided and met the bid experience requirements, however, only the referenced listed above were
verified.
Completed Vendor Reference Check Logs are included with this letter, including documentation of
attempted contact for non-responsive references.
All references that responded to GradyMinor provided positive feedback on PWC Joint Venture,
LLC’s work. PWC Joint Venture, LLC submitted all the required bid forms and is the lowest
responsive and responsible bidder.
Based on the above information, Grady Minor recommends PWC Joint Venture, LLC be awarded
the US 41 North Water Main Replacement Phase 2 project in the amount of $2,488,340.
Please do not hesitate to contact me with any questions.
Sincerely,
Sally Goldman, P.E.
Project Manager
11.C.3
Packet Pg. 337 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 338 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 339 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 340 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 341 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 342 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 343 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 344 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 345 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 346 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 347 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 348 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 349 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 350 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 351 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 352 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.Was project completed timely and within budget? (If not, provide detail)
2.Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.Was the construction process performed satisfactorily? (If not, provide detail)
4.Did the process run smoothly? Were there any changes? Describe below.
5.Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.Additional comments:
11.C.3
Packet Pg. 353 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 354 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 355 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 356 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
VENDOR REFERENCE CHECK
LOG
Solicitation No.: Reference Check by:
Solicitation Title: Date:
Bidder’s Name: Phone:
Design Entity:
REFERENCED PROJECT:
Project Name: Project Location:
Project Description:
Completion Date: Contract Value: $
Project Owner/Title:
Owner’s Address: Phone:
Owner’s Contact Person: E-Mail:
1.
Was project completed timely and within budget? (If not, provide detail)
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
3.
Was the construction process performed satisfactorily? (If not, provide detail)
4.
Did the process run smoothly? Were there any changes? Describe below.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
7.
Additional comments:
11.C.3
Packet Pg. 357 Attachment: Attachment 3 Recommendation Letter (10571 : US 41 North Water Main Replacement Phase 2)
11.C.4
Packet Pg. 358 Attachment: Attachment 4 - NORA Executed (10571 : US 41 North Water Main Replacement Phase 2)
11.C.6
Packet Pg. 359 Attachment: 19-7611 PWC Joint Venture_Insurance_10-7-2019 (10571 : US 41 North Water Main Replacement Phase 2)
11.C.6
Packet Pg. 360 Attachment: 19-7611 PWC Joint Venture_Insurance_10-7-2019 (10571 : US 41 North Water Main Replacement Phase 2)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with PWC Joint Venture LLC ("Contractor") of 5256 Summerlin Commons
Way, Suite 203 Bldg. #2, Fort Myers, FL 33907, a Limited Liability Company, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with U.S. 41 North
Water Main Replacement Phase 2, Invitation to Bid No. 19-7611 ("Project"), as said Work is set
forth in the Plans and Specifications prepared by Q. Grady Minor & Associates, P.A., 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: Two Million Four Hundred Eighty -Eight Thousand Three Hundred and
Forty Dollars ($2,488,340.00).
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.htm[#certified. Should the Contract Amount be less
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Construction Services Agreement: Revised 072118
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.
Section 5. Contract Time and Liquidated Damaqes.
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 one hundred and seventy (170) 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, two
thousand, seven hundred and twelve dollars ($2,712.00) 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 0721180
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation 19-7611 U.S. 41 North Water Main Replacement
Phase 2.
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 B-2:
Performance Bond Forms ❑ Not Applicable
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
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Construction Services Agreement: Revised 072118 C o
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 19-7611 U.S. 41 North Water Main Replacement Phase 2.
The complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree
comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
®Exhibit J: Technical Specifications
®Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by Q. Grady Minor & Associates, P.A.
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to
the following:
Collier County Board of County Commissioners, FL
c/o Public Utilities Engineering and Project Management
3339 Tamiami Trail East, Suite 303
Naples, FL 34112-5361
Attn: Diana Dueri, Contract Adm inistrator/Project Manager
Phone: 239-252-4218
Email: Diana. Dueri(a)-colliercountyfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
PWC Joint Venture LLC
5256 Summerlin Commons Way, Suite 203 Bldg. #2
Fort Myers, FL 33907
Attn: Kevin Markhardt, Vice President
Phone: 239-270-5907
Email: kmarkhardtCa_pwc-Ilc.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 lis t."
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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Construction Services Agreement: Revised 072118 t
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and 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:
Fll�tT WITNE 5
Karen Longuski, Office Administrator
Print Name
SECOND WI
Roxanne Craig, Office Assistant
Print Name
Date:
ATTEST:
10/7/2019
Crystal K. Kinzel, Clerk of Courts
& Comptroller
BY.
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
PWC Joint Venture LLC
By•
evin Markhardt, Vice President 1 017120 1 9
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY.
William L. McDaniel Jr. Date
Chairman
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Construction Services Agreement: Revised 072118
f4
Ce1�
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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Construction Services Agreement: Revised 072118
M
19-7611 Bid Schedule
Collier County EPNID PROJECT No.: 70123.5.1
U.S. 41 WATER MAIN REPLACEMENT
Item No.
Item Description
QTY
Unit
Unit Price
Bid Total
SECTION 1: GENERAL
1.1 Mobilization/Demobilization 111nx 10% of Base Bid Total 1 LS S 232,800.00 $ 232 800.00
1.2 Maintenance of Traffic I LS $ 45,000.00 S 45,000.00
1.3 Survey La out & Record Drawings I LS $ 20,000.00 $ 20,000.00
IA Erosion and Sedimentation Control 1 LS S 50,000.00 $ 50,000.00
1.5 Pre -Construction Video & Photographs I LS $ 1,500.00 S 1,500.00
1.6 Existing Utility Soft Digs 30 EA $ 850.00 $ 25,500.00
- SECTION I SUBTOTAL: S 374,800.00
SECTION 2: iVATER
2.1 lWater Main Installation
a. 6" C900 PCV Open Cut 250 LF $ 50.00 S 12,500.00
b. 8" C900 PVC Open Cut 300 LF S 58.00 $ 17,400.00
c. 10" PVC Slot Trench/Open Cut/Hand Dig 720 LF $ 90.00 $ 64 800.00
d. 10" HDPE Slot Trench/Open Cut/ttand Dig 2530 LF S 113.00 $ 285,890.00
e. 10" HDPE Pipe Bursting 2530 LF $ 150.00 $ 379,500.00
f. 10" HDPE Directional Drill 1150 LF $ 105.00 $ 120 750.00
2.2 Gate Valves and Boxes
a. 6 --inch Gate Valve I I EA $ 1,200.00 $ 13 200.00
b. 8 -inch Gate Valve 11 EA S 1450.00 $ 15 950.00
c. 10 -inch Crate Valve 15 EA S 2,000.00 S 30,000.00
d. 6' Insert Valve 13 EA S 7,500.00 $ 97 500.00
e. 8" Insert Valve 3 EA $ 9,000.00 $ 27,000.00
f. 12" Insert Valve 2 EA $ 13,000.00 $ 26 000.00
2.3 Line Stop
a. 6" Line Stop I I EA S 4,500.00 $ 49 500.00
b. 8" Line Stop 3 EA S 4,800.00 S 14 400.00
2.4 Air Release Valves I I EA $ 2,350.00 $ 25,850,
2.5 1 Fire Hydrant Assemblies 15 EA $ 5,200.00 $ 78,000.00
2,6Tem ora Bacteriolo ical Sample Points 17 EA $ 1 150.00 $ 19,550.00
2.7 Connection to Existin \Vater• Main 22 EA $ 5,500.00 $ 121,000.00
2.8 Grout/Abandon Existing Water Main 7,250 LF $ 5.00 S 36,250.00
SECTION 2 SUBTOTAL: S 1,435,040.00
SECTION 3: WASTEWATER
3.1 Sewer Lateral Relocation
a. Lateral Relocation I MilanCenter- 9465 Tamiami Trail N 1 LS S 2,800.00 $ 2,800.00
b. Lateral Relocation 2 North Naples Car Wash - 10 10 1 Tamiami Trail N I LS S 4,800.00 S 4,800M
c. Lateral Relocation 3 7 -Eleven - 10795 Tamiami Trail N I LS S 2,600.00 $ 2,600.00
d. Lateral Relocation 4 (North Collier Animal Clinic - 10895 Tamiami Trail N) I LS S 2,800.00 $ 2,800.00
3.2 Precast Polymer Concrete Monhole 7 EA S 9,000.00 $ 63 000.00
3.3 Abandon Existing Conflict Box 1 EA S 1,800.00 S 1,800.00
3.4 Abandon/Dispose Manhole 7 EA $ 3,800.00 S 26 600.00
3.5 Abandon/Dispose Existing Gravity Main 2000 LF S 5.001$ 10,000.00
''. SECTION 3 SUBTOTAL: $ 114,400.00
SECTION 4: ROAD RESTORATION
4.1 Remove, Dispose, and Replace Driveway
a. Asphalt Driveway Remove, Dispose, Replace) 60 SY I S 190.00 $ 11,400.00
b. Reinforced Concrete Driveway Remove, Dispose, Replace) 125 SY IS 170.00 $ 21,250.00
4.2 Remove, Dispose, and Replace Sidewalk 75 SY S 80.00 $ 6,000.00
4.3 Remove Dispose, and Replace Concrete Curb and Gutter 1400 LF S 40.00 $ 56 000.00
4,4 Road Restoration - Stabilized Subgrade 1600 SY $ 7.00 S 11,200.00
4.5 Road Restoration - Limerock Base 1200 SY $ 20.00 $ 24,000.00
4.6 Road Restoration - Flovable Fill 600 CY S 185.00 $ 111,000.00
4.7 Road Restoration 2-1/2" Asphalt (Two Lifts) 1100 SY S 65.00 $ 71,500.00
4.8 Milling & Resurfacing 1150 SY S 45.00 S 51,750.00
-. .SECTION 4 SUBTOTAL;. S 364,100.00
SECTION 5: ALLOWANCES
5.1
Owner Directed Allowance
I
TBD
$ 200,000.00 $ 200,000.00
TOTAL $ 2,488,340.00
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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Construction Services Agreement: Revised 072118
CO Email: Kristofer.lopez@colliercotintyfl.gov
Admirrstrabve Services DiNslon Telephone: (239)252-8944
Prrxurement Servk:es
Addendum #1
Date: May 28, 2019
From: Kristofer Lopez, Procurement Strategist
To: Interested Bidders
Subject: Addendum # I Solicitation #19-7611-U.S 41 North Water Main Replacement Phase -2
The following clarifications are issued as an addendum:
1. 19-7611 Exhibit K — Permits has been uploaded
2. Pre-bid sign in has been uploaded
If you require additional information, please post a question on our Bid Sync (w\vw.bidsyncxoi bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your, submittal for the above
referenced solicitation,
�- June 7, 2019
(Sign e) vin Markhard , ice President Date
PWC Joint Venture LLC
(Name of Firm)
Administrat va SeMces D \Ask)n
Procurement Smices
Email: Kristofer,lopez(c�colliercountyfl,gov
Telephone: (239)252-8944
Addendum 02
Date: June 4, 2019, 2019
Fromi Kristofer Lopez, Procurement Strategist
To; Interested Bidders
Subject: Addendum # 2 Solicitation #19-7611-U,S 41 North Water Main Replacement Phase -2
The following clarifications are issued as an addendum:
1. Added 1,6; Existing Utility Soft Digs
Changed 4.6; Road Restoration — Flowable fill from 1,200 SY to 600 CY
Measurement and Payment
Added 1.6; Existing Soft Digs M&P Description
1.6 Existing Utilities Soft Digs
A. Measurement for existing utilities soft digs, except as otherwise specified will be based on the
number of soft digs at connection points to the existing water main actually performed and
accepted,
B. Payment for performing existing utilities soft digs will be made at the appropriate contract unit
price per soft dig performed which price and payment shall be full compensation for all labor
and materials associated with furnishing and performed soft digs at each connection point to
the existing water main that are noted to be relocated on the Plans. A soft dig plan shall be
submitted for approval to the County and Engineer of Record prior to performing and soft digs
as part of this bid item. The pay item Is not for the required soft dig/pot hole locating of all other
utilities (public and private) within the ROW and soft dig/pot hole locating of existing water
main piping at other locations. Soft dig/pot holing of all other utilities (including water main at
non connection points) are considered incidental and will not be Included in a pay item. All soft
dig reports shall be submitted to the County and Engineer of Record for review within 5 days of
performing the soft digs.
2. Revised Bid Schedule Uploaded
3. Revised Exhibit J Technical Specifications Uploaded (Reflect changes to Measurements and
Payments)
9
If you require additional information, please post a question on our Bid Sync (� :::.L� i�l ti nc.com) bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
PWC Joint Venture LLC
of
June 7, 2019
Date
.. 1.-::,
� y.U!^hay 0014 -pity Email: Kristofer.lopez@colliercountyfl.gov
AdministraUveSeNcesDivision' Telephone: (239)252-8944
Procurement Services
Addendum #3
Date: June 5, 2019, 2019
From: Kristofer Lopez, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 3 Solicitation # 19-761 1-U.S 41 North Nater Main Replacement Phase -2
The following clarifications are issued as an addendum:
1. Revised Bid Schedule #2 has been uploaded
If you require additional information, please post a question on our Bid Sync (www bidsync.com) bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your- submittal for the above
referenced solicitation,
✓� June 7, 2010
(Sip -n to e) vin Markhardl—',7vice President Date
PWC Joint Venture LLC
(Name of Firm)
FORM 1 -BID RESPONSE FORM
BOARD OF COUNTY COR'MSSIONERS
COLLIER COUNTY, FLORIDA
U.S. 41 North Water Main Replacement Phase 2
BID NO. 19-7611
Full Name of Bidder PWC Joint Venture LLC
Main Business Address 5256 Summerlin Commons Way, Suite 203 Bldg #2, Fort Myers, FL 33907
Place of Business 5256 Summerlin Commons Way, Suite 203 Bldg #2, Fort Myers, FL 33907
Telephone No. 239-270-5907 Fax No. 239-270-5943
State Contractor's License #
CGC1523925
State of Florida Certificate of Authority Dooument Number L15000048078
Federal Tax Identification Number 47-3452003
DUNS# 085821609
CCR# N/A
Cage Code N/A
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(}ii;faaftaf eallm Im Ownar)
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 it this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and 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.
riO"T2-CONT$CCrog'SIATYPIIt80NNUIL'A$81- 1 TO H>✓"OJECT
U.S. 41 North Water Main Replacement Phase 2
Bid No. 19-7611
Name Personnel Catea�rY
PWC Joint Venture LLC
5256 Summerlin Commons Way, Suite 203 Construction SuperintendentMichael Barr - mbarr@pwc-llc,com
Fort Myers, FL 33907
Phone: 239-270-5907 Project Manager Deangelo Henderson - denderson@pwc-llc.com
'hone:239-270-600
DORM 3 -MATERIAL MANUFACTURERS
THUS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255,20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this 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; PWC Joint.Venture LLC
Signature: Date; 6!712019
.vin' arkhard . ce President
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
1.
2,
3,
4.
5.
Please insert additional pages as necessary.
EXCEPTION MANUFACTURER
k) j h:
Com
pang; . PWC Joint Venture LLC
-
Signator . Date 6/7/2019
V n ar ar t, se _ res ent
'FORM 4 -'LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the 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.
Date; 6/7/20:,1 9
Major Category of Work Subcontractor and Address.
I.
Electrical fv rt
2.
Mechanical
3.
Plumbing�)
4.
Site Work
S.
Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Date; 6/7/20:,1 9
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.
Y16.742 N. Pine Hills Rd Force Main Reroute
(project name) (project owner)
Indian Hills Rd. N, Oine Hills Rd, Clarion Drive QUO Property to
Clarcona Ocoee Rd, Orlando FL _ Oen r South Street, 2nd Floor, nrlmdn FL 82801
(pro ect location) (Owner's address)
Tnroxla on of 6000 IF of Direction Drill 16" and 18" DR -11 BDPE
By Paas Wee Performed On Pump Station 3016, A 30 Line Stop,
RAS Was metalled To Connect The New Force Main To The Pump. lames Montalvo Chief Inspector
(project description) (Owner's contact person) (title)
August 2016 • September 2017 $ 1.8 Million
(project start/completion dates) (contract value)
2' Immokalne Water & Sewer Undersized Water Main Replacement
Phage 1
(project name)
1020 Sanitation Road Immokalco FL 34112
(project location)
Teat 11� of 68,06o LF Water Main
(project description)
April 2019• May 2019 $ 6.4 Million
(project start/completion dates) (contract value)
3. Immokalee Water & Sewer Undersized Water Main Itoplacement
(project name)
1020 Sanitation Road. Immokalee _ELL 04112
(project location)
Installation 270 Gate Valves 6' through 12',104 New Fire
Hydrnnta, 68,860 LF of Pvc Did Water Main. Reconnect Water
$arviraa 761 RnaiI! "n R, In" naaa..1n0ftLE 61rartioneLDril1_
(project description)
407.606.2120 james,montalvo@oofhnet
(phone) (email)
(Greeley & Hansen
(project owner)
6266 Summorlfn Commmons Way, Suite 104 FT. Myers FL 33907
(Owner's address)
`)=Hint Mrf landlea Rroject P,ng neer
(Owner's contact person) (title)
239.231.6376 emccandlesAgreeleyhansen com
(phone) (email)
Greeley & Hansen
(project owner)
.6266 Summerlin flnmmmana}Ytty S ii n 104 I� P Mynrs,..FJ, 3390'L_—
(Owner's address)
-Elliot McCandlee Project Engineer
(Owner's contact person) (title)
July 2017 • January 2019 $ 4.1 Million 239.231.6316 emmandleu@greoloyhanaen.com
(project start/completion dates) (contract value) (phone) (email)
rORNI S - STATEMENT OF EXPERIENCE OF BIDDER
4.
Ui7.786 LBM- EWRF Disk Filter Installation ra go rn,�,ty Roard of C^ nmiainnexx
(project name) (project owner)
701 �Y McCormick, Apopka, FL 32703
1891 S Alafa�. (1r1nn 1n �I 47A9R
(prefect location)
Installation Of Pre Parchased Disk Filters, At The Western ]Yater
Reclamation Water Reclamation FaciUty, Northwest Reclamation
Facility.
(project description)
9150 Gu= Far Road Orl ..a FL 32826
(Owner's address)
TarrBAR Chief Utility Inspector
(Owner's contact person) (title)
May 2019 $ 3.1 Million 407.947.9802 terra re tte opfl net,
(project completion date) (contract value) (phone) (email)
Y18.717 Utilities ]Vest Area Forco Main
(project name)
Over Street Rel and Lake 4awyar Nye.Windermere F . 4� f7A9
(project location)
Removal and Replacement of 2900 FT, Of 16 Inch PVC F-e•hiain
and 1200 Ft cf 6 Inch PVC.
(project description)
May 2019 $ 1.3 Million
(project completion date) (contract value)
Weiss Construction (Member of JointVenture Completed Project)
6. PC •776 RAS Pumps, Influent Miaed Liquor System, and MCC
Tmprnvamnnt for Sarnndary (Ara
(project name)
9300 W Jetr^rsan Ave, Detroit *n 48209
(project location)
Remove Elating Sludge Pumps & Piping at 27 Existing Final Clarifier
Pump Stations, Olean 7'Ire Wet Wells, grout The Bottoms, & Install Now
RAS Sludge Pumps & Piping. Remove And Replace Elstmg 60" Piping,
(project description)
Orange County Board of Commissioners
(project owner)
q] 60 oil
(Owner
Rogd,9rlagdo m 99R2fi
(Owner's address)
TracyAtteuasion Senior Contract Administrator
(Owner's contact person) (title)
407.8366640 tracy "µ °io ft0 nat
(phone) (email)
Greta Lake Water Authority
(project owner)
9300 W Jefferson Detroit h1I 48209
(Owner's address)
Nicolas Nicolas 6octEngigger
(Owner's contact person) (title)
May 2016 $ 26.3 Million 313.297.6916 nicolas uicolaAglwater erg
(project completion date) (contract value) (phone) (email)
Company,
Signature;
Date: 6/7/2019
FORM 5: STATYMENT OF 1i XV4RMNCE OF l3PPER
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.
�Ow,4
So�y-\�o(prof e
(project location) (Owner's address)
(project description) '� 1�2�1� a(O2wn_er's con�tac_t p�ers�on) (ut e)
ro
wV
start/comp etion dates) (eontrac alue) (phone) (email)u �\\fie She
(project name) (project owner)
(project location) (owner's address)
(project description) (Owner's contact parson) (title)
��Q� (� 7email
( roject start/ omp etian dates) (contr ct value) (phone) ( )
3 i��Cl Wy �'. � 0.S e �. �.'1_�Q,,'�.�-•����
(project name) (project oGvncr)
(project location) (owner's address)
(project description) (owner's contact person) (title)
all
`��Lntract (phone) (email)1"t�+ �mohext O'r�
FORMS - S1 ATgKE..NT 01 V EXPER•MNCE Or BIDDER
4. LCOO
(Projectllame) (project owner)
(project loc•attiion) (Owner's
(pro�ect�tion)ywner's contact person) (title)
1
(project complctwn date) (contract value) (phone) (email)
(project name) (project owner)
� '
(project location) (owner's address)
(pr ject description) (Owner's contact person) (title)
061—OLOA - .t 1 A-1�Z
(project completion dale) (contract value) (phone) (entail)
6. �r�ca�c d
R"���� �"`��`�• (project owner)
(project name)
(P oj�eYct�location) (owner's
(project descnptlon) (Owner's contact person) (' )
vs - &A ar'da 'ra
(Phone) (email) GO`M
$q� o�-
o(contract-value)(preeo,11ILPI-ec"tio,�d.
Company;
Sighaturc,,,
, i
.'./7 ,►. ' � �,' l i f ' ' off? r�', t
P.O.Box 61646 (239) 332-1665 Contact: Ken Cabana
FORT MYER5, FL 33906, FAX (239) 332-4836
Project Name: Wastewater Interconnect Ph -2 Part -2 Various
Locations in Downtown Fort Myers
Project Owner: City of Fort Myers
Project Location: Various Locations -Market St, Drella Piper Way,
South Street, Palm Ave
Owner's Address: Fort Myers, R.
Project Description: Various Locations Downtown Fort Myers, FI.
Contact Person: Mark Valin (Wright Construction)
Title: Project Manager
Project Start: 5/1/18
Completion Date: 2/27/19
Contract Value: 1,478,725.60
Phone: 239-481-5000
E -Mail: markv@wrightg.com
Project Name: MPS -306 Force Main — Phase 2
Project Owner: Collier County
Project Location: U.S-41 Naples, Florida
Owner's Address: Naples, Florida
Project Description: 2000' of 30" DR -11 HDPE Directional Drill
Contact Person: Dan Higgins (D.N. Higgins Construction)
Title: President
Project Start: 5/1/14
Completion Date: 7/22/14 no material included)
Contract Value: $408,000.00 Labor Only
Phone: 239-774-3130
E -Mail: Danes@dnhiggins.com
9
CA)BANA
48.1) "A 01MR, 10 Al" TA/hIffi-111
P.O, Box 61646 (239) 332-1665
FORT MYERS, FL 33906. FAX (239) 3324836
Project Name: BSU Reserve Osmosis Water Treatment Plant (RO
VVTP), Well Field and Transmission Main Expansion
Project Owner: Bonita Springs Utilities, Inc.
Project Location: Part of Sec 25, Township 47S, Range 25E, Lee
County, Florida
Owner's Address: 11900 East Terry Street
Project Description: Fuse & Directional Drill Various size from 4" to
30" HDPE Pipe
Contact Person: Ryan
Title: Project Manager
Project Start: 7/17/17
Completion Date: 4/16/18
Contract Value: $579,655.50
Phone: 239-947-1846
E -Mail: RMACPHEE@haskinsinc.net
Project Name: Placida Rd Sidewalks Reclaimed Main and Force
Main Design
Project Owner: Charlotte County
Project Location: Boca Grande Causeway to Cape Haze Drive
Owner's Address: 410 Taylor Street, Unit 104 Punta Gorda, Florida
33950
Project Description: Fuse & Directional Drill Various sizes 4" to 18"
(Customer Supplied HDPE Pipe)
Contact Person: Aaron Branch
Title: Project Manager
Project Start: 3/7/17
Completion Date: 3/7/19
Contract Value: $768,075.26
Phone: 239-574-4174
E -Mail: Aaron(a�uymann.com
■
P.O. Box 61646 (239) 332.1665
FORT MYERS, FL 33906, FAX (239) 332-4836
Project Name: U.S-41 & Toledo Blade Blvd
Project Owner: State of Florida Department of Transportation
Project Location: Charlotte County Sta. 1491+00 to Sta. 1496 + 00
Owner's Address: Tallahassee, Florida
Project Description: Fuse & Directional Various Sizes 4" to 36"
(Customer Supplied HDPE Pipe)
Contact Person: Aarron Branch
Title: Project Manager
Project Start: 4/1/15
Completion Date: 7/1/17
Contract Value: $518,757.94
Phone: 239-574-4174
E -Mail: AaronCaD-quymann.com
■
FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
(project name) J (project owner:)
(project location) (Owner's address) 335
(project description) (Owner's contact person) (title)
(project ompletion date) (contract value) phonc) (email)
(proj\ectt nank)
Y�0-6,cn�,,S�-__—
(project location)
(project description)
(project owner)
qy
(Owner's address)
I &'am��t�rb�
(Owner's contact person) (title)
00
(pro ect co ipletion date) (contract value) (phone) (email)
(project _
ON
(project location)---�— (Owner's address)
(project description)
�5 Owner's n
�—UA—� 56pe o1nC) )
(project co�pletion date)
(tit e)
(contract value) (phonc) (email)
Company:
Signature:
Date:
FORM 6 - TRENCH SAF ETY 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 nti Cos
(Description) LF S
�.
61 Dm 3 �,0 1103
2.
3.
4,
5.
TOTAL $� 1 g O o
Failure to complete the above may result in the Bid being declared non-responsive.
Company; PWC Joint Venture LLC
Signature:.
Date; 6/7/2019
evin Markhardt, Vice resident
0
TORM 7 � BID'BOND
KNOW ALL MEN BY THESE PRESENTS, that we PWC Joint Venture, LLC (herein
after called the Principal) and Liberty Mutual Insurance Company , (herein called the Surety), a corporation
chartered and existing under the laws of the State of Massachusetts with its principal offices in the city of Boston, MA
and authorized to do business in the State of Florida are held and firmly bound unto the
Collier County (hereinafter called the Owner), in the full and just sum of
Five Percent of Amount of Bid dollars ($ 6% ) 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. 19-7611 U.S. 41 North Water
Main Replacement Phase 2
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement
with the Owner and within ten days after the date of a written Notice of Award 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 faithfirl performance of the Agreement and for the prompt payment of labor, materials and supplies
furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond
or bo ids anf' de Iver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of
Five derceht of Amoun�
$ of BId t6°.4) noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation
shall be null and void, otherwise to remain in firll force and effect.
1N TESTIMONY Thereof, the Principal and Suety have caused these presents to be duly signed and sealed this _ 6th day of
June 2019 .
1-0
Counter!
PWC Joint Venture,,LLQ Principal
(Seal)
t
Surety
Appointed Producing Agent for VTC Insurance Group --
(Seal)
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding
Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and
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 Successfirl
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 one hundred and seventy (170) consecutive calendar days, computed by
excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance
by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement
date and including the last day of such period,
Respectfully Submitted;
State of
County of
,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,
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
Treasurer
Manager b tion of its
The
Board of Directors taken
if not applicable),
is authorized to sign construction bids and contracts for the company y ac
, a certified copy ofwhich 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;
The co -partnership does business under the legal name of,
(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.
DATED
Witness
Witness
Legal Entity
BY;
Name of Bidder (Typed)
Signature
Title
STATE OF
COUNTY OF b
The foregoing instrument was acknowledged before me this day of , 20 y
,as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires;
NAME;
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
■
MI -1 tuCM
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except In the manner and to the extent herein slated,
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8197252.013058
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the Stale of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeffrey A.
Chandler, Alan P. Chandler, Tan J. Donald, Wendy L. Hin son, Kathleen M. Irelan, Meagan L. Kress, Susan L. Small, Robert Trobec
all of the city of Trov slate of Michigan each Individually if there be more than one named, as true anu wivu drwn,ey- ,-1a % w nano,
execute, seal, acknowledge and deliver, Tor—and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizences and other surety obligations, In pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 29th day of October , 2018
Liberty Mutual Insurance Company
1H3p fly fHq�, 1K tfiJp� The Ohio Casualty Insurance Company
Vit~. r ak West American Insurance Company
e¢yF an �a+urr i� •+1u,�wF �D
David M, Carey, Assistant Secretary
Stale of PENNSYLVANIA
5 County of MONTGOMERY ss
a> On this 29th day of October , 2018 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
15 2 Company, The Ohio Casualty Company, and Wast American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes F
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
a
a� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, E
p%i?Inp"���ti 4Gr>�eldl?MfCIti1.TWAF?�L+fai{$Y4VY,+f�6,
4
Qj
uf�,wr+wn irc llrhr�ttutq By:
}1? r�,{r M, (:c�iNs�2vrrys,t'arlavl eresaPastella,NotaryPublic C
fih+-�ran, t�atr,tet„r,.�,Uyr;ir_kn'#u.::4•iiG r
cy) a5 This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o E- Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows;
E ai ARTICLE IV -OFFICERS: Section 12, Power of Attorney.
o V Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the t.
President may prescribe, shall appoint such attorneys-In•fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recogn(zances and other surely obllgations. Such attorneys -in -fact, subject to the limitations set forth in lhelr respective powers of attorney, shall
L have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation, When so executed, such
Z � instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorneyin•facl under the r
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5, Surety Bonds and Undertakings,
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -In -fact, as may be necessary to act in behal(of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations, Such attorneys -In -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as If
signed by the president and attested by the secretary,
Certificate of Designation- The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely
obligations,
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, Renee C, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of June 12019
��, VHSft� y�w�Y nHatW �tY, 'ltt�tyn�p
t ; By
Renee C. Llewellyn, Assistant Secretary
LMS•12673 LMIC OCIC WAIL Mulll Co_062016
■
FORM 8 -INSURANCE AND BONDING REQUIIt111M MS
The Vendor 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 EXMIT B of this solicitation. The Vendor shall procure and maintain property
insurance upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,
Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except
such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts,
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier
County", or, the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as
an additional insured as to the operations of Vendor under this solicitation and 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 Vendor has any self-insured retentions or deductibles
under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility,
Coverage s) 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or
non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to
have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage f s required herein, the County may terminate the Agreement or
at its sole discretion shall be authorized to purchase such coverage( sand charge the Vendor for such coverage.(s. purchased. If
Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be
under no obligation to purchase such insurance, nor shall it be responsible for the coverageos purchased or the insurance company
or companies used. The decision of the County to purchase such insurance coverage f so 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 Vendor 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 Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
■
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. ® Conunercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$ 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.
4. ® Indemnification
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.
5. ® Automobile Liability
$1,000,000_ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. ® Other insurance as noted:
❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work,
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 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
7. ® Bid bond
Shall be submitted with proposal response in the form of certified funds, cashiers' check
or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal
■
bond in a sum equal to 5% of the cost proposal, All checks shall be made payable to the
Collier County Board of County Commissioners on a bank or trust company located in
the State of Florida and insured by the Federal Deposit Insurance Corporation.
8. ®Performance and For projects in excess of $200,000, bonds shall be submitted with the executed contract
Payment Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the
cost borne by the Proposer receiving an award. The Perfonnance 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 acid 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 for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state
the Contract Number, or Project Number, or specific Project description, or must read; For any and all work performed on behalf
of Collier County.
12, ® On all certificates, the Certificate Holder Hurst read: Collier County Board of Commissioners, 3295 Tamiami Trail East,
Naples, FL 34112
13. ® Thirty (30) Days Cancellation Notice required.
14.
4/22/19 - 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 (6) months from the date
of award.
Name of Finn
Vendor Signature
Print Name
Lnsurance Agency
Agent Name
Joint Venture
Kevin Markhardt, Vice President
VTC Insurance Group
Debbie Panzica
Date 6/7/2019
Telephone Number 248-530-3222
■
z �-
GMw—r County
AdministmWe Services Department
Procurement Services Division
FORM 9 - CONFLICT of INT>:,Rr, ST 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 rides — 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 govermnent,
Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in die "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), documeut(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
Firm: PWC Joint Venture LLC
Signature and
Print Name:
Kevin Markhardt
Title of signatory: Vice President
6/7/2019
ty f
CXI'er County
Administrative Services Department
Prwiroment Services DKWon
FORM 10 - VENDOR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a
formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation
pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation, Further, the
vendor agrees that if awarded a contract fm, 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 contu•act.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7th day of June 2019 in the County of
Lee in the State of Florida
Firm's Legal Name: PWC Joint Venture LLC
Address: 5256 Summerlin Commons Way, Suite 203 Bldg #2
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:
Fort Myers, FL 33907
L15000048078
47-3452003
N/A
239-270-5907
Kevin Markhardt, Vice President
9
Send payments to:
(required if different from
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
Solicitation:
Email:
Phone:
Additional Contact Information
PWC Joint Venture LLC
Company name used as payee
Brett Carner
Senior Project Manager
5256 Summerlin Commons Way, Suite 203 Bldg #2
Fort Myers, FL 33907
239-270-5907
bcamer@pwc-llc.com
Kevin Markhardt, Vice President
kmarkhardt@pwc-lic.com
313-567-4500
G
4Co1 T County
Administrative Services DepaMwt
Procurement Services Division
FORM 11 - IMMIGRATION AITIDAVIT 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 property completed E -Verify
Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include
this Affidavit and acceptable evidence of enrollment in the E -Verify program may deem the Vendor's proposal 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 (e) of the INA shall be grounds for unilateral
tennination of the contract by Collier County,
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to
provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Name PWC Joint Venture LLC
Print Name Kevin Markhardt
Signature �,-
State of Michigan
county of Wayne
Title Vice President
Date 6/7/2018
The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this
affidavit to interrogatories hereinafter made,
Commission No.: My commission expires December 8, 2024
KAREN L LONGUSKI
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires December 08, 2024
0
Co &er Couvrty
Pdmhiishalive servers Delwtawt
Pion ne l SeM� UNisbn
FORM 12 - VENDOR SuusT1TUTE W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information
for tax reporting purposes from individuals and companies who do business with the County (including social security numbers
if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county
notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated.
Please complete all information that applies to your business and return with your quote or proposal.
1, General Information (provide all information)
Taxpayer Name PWC JointVenture
LLG
(as shou,n on income tax return)
Business Name (if dier•ent fi•orn laapayer name)
Address 5256 Summerlin Commons Way, Suite 203 City Fort Myers
State
Florida
Telephone 239-270-5907 Email kmarkhardt@pwc-Ilc.com
33907
Order Information (Must be filled out) Remit / Payment Information (Must be filled out)
Address 5256 eummeriin Commons Way, 8ulte 203 Bldg #2 Address 6266 Summerlin Commons Way, Suite 203 Bldg 42
City Fort Myers State FL Zip 33907 I City Fort Myers State FL Zip 33907
Entail kmarkhardl@pwc-Iic,00m
2. Company Status (check only one)
Email kmarkhardt@pwc-Ilo.com
Individual Sole Proprietor
Corporation
_Partnership
Exempt (Federal income tax-exempt entity
X Limited Liability Company
_Tax
under Internal Revenue Service guidelines IRC
P Enter the tax classification
501 (c) 3)
(D = Disregarded E dly, C = Corporation, P = Parineiship)
3. Taxpayer Identification Number (for tax repor•tir)g purposes only)
Federal Tax Identification Number (T1N) 0
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award).
4. Sign and Date Form; Certification;
Under penaldesofperffiu, I carti& that tile in orrnation shown on tris forin is correct !o my knowledge
Sign tr .,�
.�
Date
6/7/2019
Kevin Markhardt
Title
Vice President
Phone Number
239-270-5907
■
FORM 13.- BIDbERS CH);CKLIST
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:
`as The Bid has been signed.
2:- °'The Bid prices offered have been reviewed.
f3The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
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
Construction services agreement
•3. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
I . Bid Form (Form 1) 40 Vendor Declaration Statement (Form 10)
2 Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification
3:- Material Manufacturers (Form 3) (Form 11)
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 Trench Safety Act (Form 6) 14. Business tax Receipt (Collier County
.71 Bid Bond Form (Form 7) Businesses Only)
8. Insurance and Bonding Requirements (Form 8) 15, Signed Grants Provisions Package (if
9, Conflict of Interest Affidavit (Form 9) applicable
Copies of required information have been attached
4-.' 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.
111., Any addenda have been signed and acknowledgement form attached and included.
:,Ii 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.
PWC Joint Venture LLC
Bidder Name
Signature &Title Date 6/7/2Q19
Kevin Markhardt, Vice President
E
Detall by Entity Name
Florida Limited Liability Company
PWC JOINT VENTURE LLC
E1)Wg Information
Document Number L15000048078
FEIIEIN Number 47-3452003
Date Flied 03/1712016
State FL
Status ACTIVE
Principal Address
5256 SUMMERLIN COMMONS WAY
SUITE 203
Fort Myers, FL 33907
Changed: 01/0812019
Mailing Address
5256 SUMMERLIN COMMONS WAY
SUITE 203
Fort Myers, FL 33907
Changed: 01/0812019
aggislored Agent Namo & Address
REGISTERED AGENTS INC.
7901 ATH STREET NORTH
SUITE 300
ST.PETERSBURG, FL 33702
Address Changed: 03/21/2019
Authorizod Perso(a) Detall
Name & Address
Title MGR
WEISS, DANIEL
5250 SUMMERLIN COMMONS WAY
SUITE 203
Fort Myers, FL 33907
Title VP
MARKHARDT, KEVIN M
5256 SUMMERLIN COMMONS WAY
SUITE 203
Fort Myers, FL 33907
Annual BgRous
Report Year Flied Date
2017 02/13/2017
2018 0310512018
2019 03120/2019
Document Imaga3
03120/2019 _ ANNUAL REPORT C Vlaw imago In PDF format
0310512018 —ANNUAL REPORT View image In PDF formol
02/012917 — ANNUAL REPORT View Image In POF formal J
03310912018 •• ANNUAL REPORT Aaw Image In POF formal J
o3117120 t5— actrwAy)mklllawy View Imago In POF format
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Everify
Welcome
Brett Carner
Company Information
Company Name
Public Works Constructors LLC
Company ID Number
1215181
Doing Business As (DBA) Name
Public Works Constructors LLC
DUNS Number
079661670
Physical Location
Address 1
5256 Summerlin Commons Way
Address 2
Suite 203
city
Fort Myers
State
FL
Zip Code
33907
County
LEE
Mailing Address
Address 1
Address 2
city
E= MENU
■
State
Zip Code
Additional Information
Employer Identification Number
263058936
Total Number of Employees
20 to 99
Parent Organization
Administrator
Organization Designation
Employer Category
None of these categories apply
View /Edit
NAICS Code
237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION
View/ Edit
Total Hiring Sites
1
View / Edlt
Total Points of Contact
1
View /Edit
View Original MOU Template
Fiew MOU
M
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Michael Barr
Deangelo Henderson
Personnel Category
Construction Superintendent
Project Manager
10
Construction Services Agreement: Revised 072118
VTC >P-
' I
,N;V11 ,NcE
QRol' P
October 1, 2019
To Whom RAW Concern:
Please be advised that per instructions in the contract we are providing the enclosed
undated .bonds. /As agent for Principal and attorney-in-fact for surety we give our
permission for the owner or their representative to date the enclosed bonds. Weask that
you advise us of the entered effective date at the befour entail address.
If you have any questions, please feel free to give us a call.
Susan L. Small
Surely Customer 5erviceWanager
Confirlence. Fba- Kays lVe-rL '
'111.14 TON 'F s 4333 P 249 471 09—M
EXHIBIT 13-1: PUBLIC PAYMENT BOND
19-7611
Bond No. 013130354
Contract No. 19-7611
KNOW ALL MEN BY THESE PRESENTS: That PWC Joint Venture, LLC
5256 Summerlin Commons Way, Ste 203. Bldg 2, Fort Myers. FL 33907 as Principal, and
Liberty Mutual Insurance Company as Surety,
located at 175 Berkeley Street, Boston, MA 02116 (Business
Address) are held and firmly bound to Board of County Commissioners of collier County as Obligee in the
SUM of Two Million Four Hundred Eighty-eight Thousand Three Hundred Forty And No1100THS (2.488,340.00 _) 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 Bid No. 19-7611 U.S. 41 North Water Main Replacement Phase 2 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 4th day of
October 20 19 , 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
9
Signed, sealed and delivered
in the presence of.
Wifhesses as to Princi
Karen Longuski, Office Administrator
STATE OF Michigan
COUNTY OF ial an: t
PRINCIPAL
PWC Joint Venture, LLC
BY:
N Kevin Markhardt
ITS: Vice President
The foregoing instrument was acknowledged before me this 7th day of October 2019
by Kevin Markhardt as Vice President of
PWC Joint Venture, LLC a Florida c poratip n, on behalf of the
corporation. He/she is personally known to me OR has produced Pers known as identification
and did (did not) take an oath.
r 4
My o 's 'o
LUKE A JOSEPH (Signature of Nota )
Notary Public - State of Michigan
County of Oakland NAME: LUKE A. JOSEPH
My Commission Expires Oct 1, 2023 (Legibly Printed)
Acting. in the County of j!f f* t. t,.0 f7
(AFFIX OFFICIAL SEAL)
ATTEST
Witnesses to Surety
Notary Public, State of
Commission No.:
SURETY:
Mich�an
Liberty Mutual Insurance Company
(Printed Name)
175 Berkeley Street
Boston, MA 02116
(Business Address
(Authorized Signature)
(Printed Name)
12
Constructlon Services Agreement: Revised 072118
9
Krista Pocket, Surety Administrator
Witnesses
STATE OF
COUNTY OF
Michigan
Oakland
As Attorney in Fact
(Attach Power of Attorney)
Alan P. Chandler
(Printed Name)
VTC Insurance G
1175 W. Long Lake Rd.. Suite 200
Troy, MI 48098
(Business Address)
248-828-3377
(Telephone Number)
4th October
The foregoing instrument was acknowledged before me this day of
20 19 by Alan P. Chandler as
Attorney -in -Fact of Liberty Mutual Insurance Company _ Surety, on
behalf of Surety, He/She is personally known to me OR has produced
known as identification and who did (did not) take an
oath.
My Commission Expires: 2/9/2025
CHARLENE SELL
Notary Public, State of Michigan
County of Macomb Name
My Commission Expires 02-09-2025
Acti.ng_in the County of
oa Em
(AFFIX OFFICIAL SEAL)
CoA
(Signature)
Charlene Sell
(Legibly Printed)
Notary Public, State of: Michigan
Commission No.:
13
Construction Services Agreement: Revised 072118
9
OR
Krista Pocket, Surety Administrator
Witnesses
STATE OF
COUNTY OF
Michigan
Oakland
As Attorney in Fact
(Attach Power of Attorney)
Alan P. Chandler
(Printed Name)
VTC Insurance G
1175 W. Long Lake Rd.. Suite 200
Troy, MI 48098
(Business Address)
248-828-3377
(Telephone Number)
4th October
The foregoing instrument was acknowledged before me this day of
20 19 by Alan P. Chandler as
Attorney -in -Fact of Liberty Mutual Insurance Company _ Surety, on
behalf of Surety, He/She is personally known to me OR has produced
known as identification and who did (did not) take an
oath.
My Commission Expires: 2/9/2025
CHARLENE SELL
Notary Public, State of Michigan
County of Macomb Name
My Commission Expires 02-09-2025
Acti.ng_in the County of
oa Em
(AFFIX OFFICIAL SEAL)
CoA
(Signature)
Charlene Sell
(Legibly Printed)
Notary Public, State of: Michigan
Commission No.:
13
Construction Services Agreement: Revised 072118
9
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
19-7611
Bond No. 013130354
Contract No, 19-7611
KNOW ALL MEN BY THESE PRESENTS; That PWC Joint venture, LLC
5256 Summerlin Commons Way, Ste 203, Bldg 2 as Principal, and Liberty Mutual Insurance Company _
Fart Myers. FL 33907 ,
as Surety, located at
175 Berkeley Street, Boston, MA 02116
(Business Address) are held and firmly bound to
Board of County Commissioners of Collier Count as Obligee in the sum of
Two Million Four Hundred Eighty-eight Thousand Three Hundred Forty And No/100THS
($2,488,340.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated
20
Bid No. 19-7611 U.S. 41 North Water Main Replacement Phase 2.
accordance with drawings and specifications, which contrac
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal;
as of the day of
with Obligee for
in
t is incorporated by reference and
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 Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond,
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 4t --h day of
October 2019 , 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
9
Signed, sealed and delivered
in the presence of:
_�& LU
`SNI n sses as to Princi I
Karen Longuski, Office Administrator
STATE OF Michigan
COUNTY OF ar.-and
PRINCIPAL
PWC Joint Venture, LLC
B '
NAME: Kevin Markhardt
ITS: Vice President
7th,, October
The foregoing instrument was acknowledged before me this _,_„ day of _
2019 by Kevin Markhardt _ _ , as
Vice President of _ PWC Joint Venture, LLC a
Florida cor oration, on behalf of the corporation. He/she is personally known
to me OR has produced Filers. known to me as
identification and did (did not) take an oath.
LUKE A JOSEPH
Notary Public - State of Michigan
County of Oakland
My Commission Expires Oct 1, 2023
Acting in the County of 04-_
(AFFIX OF IC AL S Al)
r
(Signature)
Name: LUKE A. JOSEPH
(Legibly Printed)
Notary Public, State of: Michigan
Commission No.:
15
Construction Services Agreement: Revised 072118
9
ATTEST:
Witnesses as to Surety
J
Krista Pocket, Surety Administrator
Witnesses
STATE OF Michigan
COUNTY OF Oakland
SURETY:
Liberty Mutual Insurance Company
(Printed Name)
175 Berkeley Street
Boston, MA 02116
(Business Address)
(Authorized Signature)
(Printed Name)
OR }
As Attorney in Fact
(Attach Power of Attorney)
Alan P. Chandler, Attorney -in -Fact
(Printed Name)
VTC Insurance Group
1175 W. Lonq Lake Rd. Suite 200
Troy, MI 48098
(Business Address)
248-828-3377
(Telephone Number)
The foregoing instrument was acknowledged before me this 4th day of October ,
20 T9 by Alan P. Chandler , as Attorne -in-Fact of
Liberty Mutual Insurance Company__, a Massachusetts Surety, on behalf of
Surety. He/She is personally known to me OR has produced
known as identification pridd who cqd (did not) take an oath.
My CommiSS8A6tjiW:Aj/J025 C"J"�
Notary Public, State of Michigan (Signature)
County of Macomb
My Commission Expires 02-09-2025
Acting in the County of
(AFFIX OFFICIAL SEAL)
Name: Charlene Sell
(Legibly Printed)
Notary Public, State of: Michigan
Commission No.:
16
Construction Services Agreement: Revised 072118
CAU
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8197252-013056
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeffrey A.
Chandler, Alan P. Chandler, Ian J. Donald, Wendt• L. Hinison, Kathleen M. Irelan, Meagan L. Kress, Susan L. Small, Robert Trobec
all of the city of Trov state of Michigan each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 29th day of October , 2018 .
X ' vi t mtrio
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N rt 3• t v" r €� s t„ By:
C
ca State of PENNSYLVANIA
County of MONTGOMERY ss
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
eN �
David M. Carey, Assistant Secretary
o I On this 29th day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1 o
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes =1
co
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ct0.1 LU
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O N
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia
Pennsylvania, on the day and year first above written.
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations,
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
(' 1912 11 4$*1 {, *�
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Renee C. Llewellyn, Assistant Secretary
LMS -12873 LMIC OCIC WAIC Multi Co 062018
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Pennsylvania, on the day and year first above written.
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations,
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
(' 1912 11 4$*1 {, *�
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Renee C. Llewellyn, Assistant Secretary
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EXHIBIT B-1: PUBLIC PAYMENT BOND
19-7611
Bond No.
Contract No. 19-7611
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety,
located at (Business
Address) are held and firmly bound to as Obligee in the
sum of ($ _) 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
■
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 20_,
by as of
a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
li•TG\lll1
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.: _
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
12
Construction Services Agreement: Revised 072118
Witnesses
STATE OF
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of ,
20 1 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
19-7611
Bond No.
Contract No. 19-7611
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 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 affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement: Revised 072118
0
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:
(AFFIX OFFICIAL SEAL)
day of ,
as
_ a
He/she is personally known
as
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
15
Construction Services Agreement: Revised 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 identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
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,
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.
Coverage(s) 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 coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails
to reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Contractor under this Agreement or any other
agreement between the County and Contractor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverage(s) 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
$ 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.
4. ®indemnification
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.
5. ® Automobile Liability
$,_1,000,000_, Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-oned/Hired; Automobile Included
w
6. ® Other insurance as noted:
❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 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
7. ® Bid bond
Shall be submitted with proposal response in the form of certified funds, cashiers' check
or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal
19
Construction Services Agreement: Revised 072118
N
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 For projects in excess of $200,000, bonds shall be submitted with the executed contract
Payment 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 for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly,
11, ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state
the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf
of Collier County,
12, ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail Bast,
Naples, FL 34112
13, 0 Thirty (30) Days Cancellation Notice required.
14.
4/22/19 - 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 (6) months from the date
of award,
Name of Finn P C Joint Venture L
Vendor Signature
Print Name Kevin Markhardt, Vice President
Insurance Agency VTC Insurance Group
Agent Name Debbie Panzica
Date 6/7/2019
Telephone Number 248-530-3222
20
Construction Services Agreement: Revised 072118
■
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be
received, ("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
,20 for the period from to . This
partial waiver and release is conditioned upon payment of the consideration 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:
Type Title: Shall be signed by an authorized
re resentative of the Contractor.
Bid No.
Project No.
Design Professional's Name:
County's Division Name
Si nature:
Purchase Order No.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATIONis recommended by:
Submitted by Contractor
Representative: Name
Application Date:
Si nature:
Contractor's Name &
Address:
Date:
Payment Application No.
Original Contract Time:
Ori inal 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 a ment 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 by:
Design Professional's Name:
Si nature:
Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATIONis recommended by:
Owner's Project Manager Name:
Si nature:
Date:
22
Construction Services Agreement: Revised 072118
EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Nome; Project Num be r. '..
* 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
Exhibit D
(Continued) Stored Materials Record
Fnrmula-A+B - C - D=E
A
B
C
D
E
Invoice Previously
Date Description Supplier Number Received
Received
This Period
Previously
Installed
Installed
This Period
Balance To
Install
24
Construction Services Agreement: Revised 072118
■
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp0l/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx
Change order Form
Contract#: Change#:= Purchase Order#: �� Project #:
ContractorlFirm Name:- Project Name: �
ProjectManager Name I Department: F -
+original Contract'Werk Crdar Arnount Criginal BCC Appro/si Data; Agenda Item
Current BCC ApprevsdArnount Lsst BCC Aorfaval Date; Attends item*
Current Contract'vyork Ord =_r Amount SAP Contract Expiration Date (NisstrET)
Dollar Amount of this Changa *CIWO! Total Change from OriginaIAnxunt
P_�viscdContracti^lark. Order Totalu fl.flfl #�IV?g! ChsngefrcmCurrent BCC Apgar cd Amcunt
CunwlafrvaChan ss w 0,()o#ii,I'Ji`o! Chan.afrom CrarentArrount
Completion Date, Description of the Tasks) Change, and Rationale for the Change
Notice PfDCEeOriginal Last Approved �� Revised Date
DaI� J
Date Completion Dat Date tirr'3yaatr'sc�rrg'-:l
#of Days Added Select Tasks ❑I Add ne%v task(s) 0 Delete task(s) ❑' Change task(r) [3 Other saaba'ax`f
Provid e a respon se to the fol lowing: 1.1 detai led and specific explanationfratio nale of the requested change(s) to the taskle( and ) or
the additional days added (if requested¢; 2.)why this change was not included in the original contract; and, 3.j describe the impad:'rf
this chance is not Processed. Attach sfi oral information from We Des>gr Professror l and or Conircter rf reeled.
Prepared by: Date:
(PreheManagerat ar=ger Name and Department)
Aeceptaracesfthis Charge Order shall cwrslhOeamcd;fistiontocortra�Atworkerseriderlifiedabove 3r. xi;fbesfjtjs^itoall the same
t_mtsard tsiErrsasconi r- 3inthecP tract iwork. orderrrdreated acove, asfLilyasiftbeB ms?a re 5tated ir,tFia ptance. The
sdjistmer..t. ifang, tothe Contract sha€Icc,.zrtuteairtland fna€aett~m rta,f a naaroallcisimsofthe C„nt star lrar rfConsultantf
Design Professional arislrg oul of or reiateatothe charg=_ set fortis herrrr, srclr�dirgeiairns for impact and delay costs.
Accepted by: Elate:
(Cortraciur ,erdor,`CorsraflSMt Design ProfessionalandNa:mecfiFirmidprojeotap�pica.ele)
Approved by:
(DDain:
esign. Professions€art Nameof Firm, d project appdicsblep
Approved by: Date:
(Pr uremert Profess*ral
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:
MEN":
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
0
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
M
CONTRACTOR
Type Name and Title
IN
OWNER accepts this Certificate of Substantial Completion on 120
By:
OWNER
Type Name and Title
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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
INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29
Construction Services Agreement: Revised 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
■
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
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-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
33
Construction Services Agreement: Revised 072118
0
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shal I 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.
DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
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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.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material -men, as well as coordinating its Work with all
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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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Directive. 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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0,CA0
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 i n 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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Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and
obligations set forth under Exhibit B-3,
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se% and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of
the fully executed E -Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E -Verify
evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non-
responsive.
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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 seg. 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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17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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E
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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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 f orm 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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a�A€�
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of 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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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 f rom any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
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Construction Services Agreement: Revised 072118
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as 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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■
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 NEPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
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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 pr e -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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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/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as al I other warranties provided by Contractor pursuant to the terms of
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the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
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Construction Services Agreement: Revised 072118
(CA
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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C40
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
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 -FM OPS( a�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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6 C
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
55
Construction Services Agreement: Revised 072118
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