Agenda 07/28/2020 Item #16B1 (09/08/2020 Item #16F1I for 07/28/2020 Absentia)07/28/2020
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners (BCC), acting as the
Community Redevelopment Agency (CRA), to award Invitation to Bid (“ITB”) No. 20-7751,
Immokalee Sidewalks Phase II Project, to Coastal Concrete Products LLC. d/b/a Coastal Site
Development in the amount of $821,756.00 and authorize the Chairman to execute the attached
agreement and authorize necessary budget amendments.
OBJECTIVE: To construct approximately 2,453 liner feet of sidewalk in the Immokalee Community
Redevelopment Area.
CONSIDERATIONS: This project will continue to implement the Immokalee Sidewalk Improvement
plan to connect residential development to commercial and recreational opportunities in the Immokalee
Community Redevelopment Area. Improving pedestrian connectivity offers many benefits, including
enhancing the safety for children walking to school, general mobility, and promoting healthier
communities.
On September 11, 2018 the CRA approved a Community Development Block Grant (CDBG)
Subrecipient Agreement with the Board of County Commissioners to fund the Immokalee Sidewalk
Project. The agreement established funding for the engineering, permitting, construction and associated
activities for sidewalk installation/improvements on the South side of Immokalee on portions of Carver
Street and South 5th Street.
On March 26, 2019 the CRA approved the First Amendment to the Agreement that modified the scope
and budget, clarified specific special grant conditions and identified the subrecipients current project
manager.
On June 25, 2019 the CRA approved the Second Amendment to the Agreement that modified the
agreement’s timeline, budget, and identifying the subrecipient’s current project manager.
On May 4, 2020, the Procurement Services Division released Invitation to Bid #20-7751, a grant funded
project, to twenty-nine thousand seven hundred (29,700) vendors for the “Immokalee Sidewalk Phase II”
project. One hundred five (105) bid packages were viewed, and six (6) submittals were received by the
June 9, 2020 deadline, along with two (2) No-Bids.
Bidder:
Company Name City County State Bid Amount Responsive/
Responsible
Coastal Concrete Products
LLC dba Coastal Site
Development
Fort Myers Lee FL $821,756.00
($851,152.50
original amount)
(Section 3
Business Match)
Yes/Yes
Andrew Sitework, LLC Fort Myers Lee FL $821,756.00 Yes/Yes
Thomas Marine
Construction, Inc.
Fort Myers Lee FL $869,047.17 Yes/Yes
Marquee Development, Inc. Tampa Hillsborough FL $918,114.50 Yes/Yes
Pavement Maintenance LLC Fort Myers Lee FL $935,000.00 Yes/Yes
Douglas N. Higgins Inc. Naples Collier FL $1,153,780.00 Yes/Yes
Walker Contracting Group No Bid
AF USA Construction Corp No Bid
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Staff reviewed the bidders’ submittals and found all six (6) bidders to be responsive and responsible. The
solicitation grant package provides an opportunity for a bidder to submit an Affidavit for Certification for
Claiming Status as a Section 3 Business, which states, “When a qualified and responsive, non -Section 3
business submits the lowest price bid, and the bid submitted by one or more qualified and responsive
Section 3 Business is within ten percent (10%) of the price submitted by the non-Section 3 business, then
the Section 3 Business with the apparent lowest bid offer (i.e. the lowest Section 3 bidder) shall have the
opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder.”
The lowest bidder, Andrew Sitework, LLC is not a Section 3 Business, while Coastal Concrete Products
LLC dba Coastal Site Development the second lowest bidder is and provided certification as a “Section 3
Business”.
Coastal Concrete Products LLC dba Coastal Site Development agreed to match the lowest bidder
(Andrew Sitework, LLC) in the amount of $821,756.00, as permissible per the Affidavit for Certification
for Claiming Status as a Section 3 Business, award shall be made to the Section 3 Business.
The bid appears to be complete and consistent with the intent of the technical specifications. The low bid
is approximately 13% lower than the Engineer’s Opinion of Probable Cost. The average of the six bids
was approximately 2% lower than the Engineer’s Opinion of Probable Cost.
ABB’s attached Design Engineer Letter of Review and Acknowledgment dated July 06, 2020, confirms
that Coastal Concrete Products LLC dba Coastal Site Development is the lowest responsive bidder and
recommends Coastal Concrete Products LLC dba Coastal Site Development for award.
Staff recommends awarding to: Coastal Concrete Products LLC dba Coastal Site Development.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for Board approval. -JAK
FISCAL IMPACT: The total project cost estimate is $991,114. CDBG grant funding provides $676,365
with the $314,749 balance coming from local funding. $220,070 of local funding will be sourced from
Immokalee CRA Fund (186) and $94,679 from Immokalee Beautification Fund (162). The project
budget will be administered in Immokalee Grant/Match Funds (715/716) utilizing Project No. 33588.
Budget amendments to finalize the local funding component of the budget are required. $60,070 from
Fund (186) and $94,679 from Fund (162) will be moved from reserves and transferred into the project
budget, as will $60,000 from reserves presently budgeted in Immokalee Grant Match Fund (716).
GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of
the Sidewalk and Drainage Sub-element of the Growth Management Plan for Collier County Stormwater
Management and Transportation.
RECOMMENDATION: Recommendation that the Collier County Board of County Commissioners
(BCC), acting as the Community Redevelopment Agency (CRA), to award Invitation to Bid (“ITB”) No.
20-7751, Immokalee Sidewalks Phase II Project, to Coastal Concrete Products LLC. d/b/a Coastal Site
Development in the amount of $821,756.00, authorize the Chairman to execute the attached agreement
and authorize necessary budget amendments.
Prepared By: Christie Betancourt, Immokalee CRA Operations Manager
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ATTACHMENT(S)
1. 20-7751 Contract Coastal Site Development (PDF)
2. 20-7751 Solicitation (PDF)
3. 20-7751 - Imm Sidewalk Phase II Bid Tabulation (PDF)
4. 20-7751 DELORA (PDF)
5. 20-7751 NORA (PDF)
6. Executed Second Amendment - June 25, 2019 (PDF)
7. Executed First Amendment - March 26, 2019 (PDF)
8. Executed Agreement - September 11, 2018 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 12972
Item Summary: Recommendation that the Collier County Board of County Commissioners
(BCC), acting as the Community Redevelopment Agency (CRA), to award Invitation to Bid (“ITB”) No.
20-7751, Immokalee Sidewalks Phase II Project, to Coastal Concrete Products LLC. d/b/a Coastal Site
Development in the amount of $821,756.00 and authorize the Chairman to execute the attached
agreement and authorize necessary budget amendments.
Meeting Date: 07/28/2020
Prepared by:
Title: Administrative Assistant – Immokalee CRA
Name: Christie Betancourt
07/20/2020 11:14 AM
Submitted by:
Title: – County Manager's Office
Name: Debrah Forester
07/20/2020 11:14 AM
Approved By:
Review:
Tourism Christie Betancourt Stage 1 Review Skipped 07/20/2020 11:12 AM
Public Services Department Jennifer Reynolds Stage 1 Review Completed 07/20/2020 12:28 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 07/22/2020 9:33 AM
Procurement Services Sue Zimmerman Additional Reviewer Completed 07/22/2020 9:42 AM
Procurement Services Barbara Lance Additional Reviewer Completed 07/22/2020 9:52 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 07/22/2020 9:56 AM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 07/22/2020 10:42 AM
County Manager's Office Debrah Forester Director - CRAs Completed 07/22/2020 11:00 AM
Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 07/22/2020 2:25 PM
Grants Valerie Fleming Level 2 Grants Review Completed 07/23/2020 10:52 AM
Grants Carrie Kurutz Additional Reviewer Completed 07/23/2020 11:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/24/2020 7:31 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/24/2020 8:39 AM
Grants Therese Stanley Additional Reviewer Completed 07/24/2020 12:07 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/24/2020 12:25 PM
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County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/27/2020 11:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/28/2020 9:00 AM
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Construction Services Agreement: Revised 072118 (v6)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Coastal Concrete Products LLC dba Coastal Site Development
("Contractor") of 7742 Alico Road, Fort Myers, FL 33912, a Florida Limited Liability Company,
authorized to do business in the State of Florida, to perform all work ("Work") in connection with
Immokalee Sidewalks Phase II Project, Invitation to Bid No. 20-7751 ("Project"), as said Work
is set forth in the Plans and Specifications prepared by Agnoli Barber & Brundage, Inc., the
Engineer and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
“Contract”). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Eight Hundred Twenty-One Thousand Seven Hundred Fifty-Six Dollars
($821,756.00)
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten
by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsurance Companies” circular. This circular may be accessed via
the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less
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Construction Services Agreement: Revised 072118 (v6)
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 Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within one hundred twenty (120) calendar days from the Commencement Date
(herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently complete,
in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand Six Hundred Ninety Dollars ($1,690.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner shall also
be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as
a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner’s actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
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Construction Services Agreement: Revised 072118 (v6)
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 20-7751 “Immokalee Sidewalks Phase II
Project”.
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 (v6)
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 20-7751 “Immokalee Sidewalks Phase II Project”. 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 Agnoli Barber & Brundage, Inc.
Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
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 Community Redevelopment Agency
3299 Tamiami Trail East, Suite 103
Naples, Florida 34112
Attn: Christie Betancourt
Phone: (239) 867-0028
Email: Christie.Betancourt@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:
Coastal Concrete Products, LLC d/b/a
7742 Alico Rd
Ft. Myers, FL 33912
Attn: David E. Torres, Manager
Phone: (239) 208-4079
Email: David@torrescompanies.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 (v6)
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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Construction Services Agreement: Revised 072118 (v6)
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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Packet Pg. 49 Attachment: 20-7751 Contract Coastal Site Development (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Construction Services Agreement: Revised 072118 (v6)
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES: Coastal Concrete Products, LLC dba
_____________________________ Coastal Site Development
FIRST WITNESS
_____________________________ By: _____________________________
Print Name
________________________________
______________________________ Print Name and Title Date
SECOND WITNESS
______________________________
Print Name
Date:
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
& Comptroller OF COLLIER COUNTY FLORIDA
BY: BY:
Burt L. Saunders, Chairman
Approved as to Form and Legality:
___________________________
Assistant County Attorney
___________________________
Print Name
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT A-1: CONTRACTOR’S BID SCHEDULE
(FOLLOWING THIS PAGE)
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1 MOBILIZATION (Not to Exceed 10% of Total of Items)LS 1 $65,000.00 65,000.00$
2 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 $16,521.00 16,521.00$
3 MAINTENANCE OF TRAFFIC LS 1 $16,500.00 16,500.00$
4 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE CY 350 $40.00 14,000.00$
5 PRECONSTRUCTION VIDEO OF PROJECT LIMITS LS 1 $4,500.00 4,500.00$
6 EROSION CONTROL LS 1 $8,000.00 8,000.00$
7 CLEARING AND GRUBBING (2.58 AC)LS 1 $19,000.00 19,000.00$
8 REMOVAL OF CONCRETE PAVEMENT SY 326 $25.00 8,150.00$
9 MAILBOX (RELOCATE)EA 8 $200.00 1,600.00$
10 DITCH GRADING LS 1 $24,500.00 24,500.00$
11 ROAD AND TRENCH RESTORATION LF 94 $145.00 13,630.00$
12 CLASS I CONCRETE (DRIVEWAYS)(6" THICK)SY 874 $42.00 36,708.00$
13 CLASS I CONCRETE (ENDWALLS)CY 6.33 $1,200.00 7,596.00$
14 INLETS (DITCH BOTTOM TYPE C)(<10')EA 37 $2,750.00 101,750.00$
15 INLETS (DITCH BOTTOM TYPE C)(MODIFY 3:1)(<10')EA 10 $2,900.00 29,000.00$
16 INLETS (DITCH BOTTOM TYPE E)(<10')EA 1 $3,650.00 3,650.00$
17 MANHOLES (P-7) (<10')EA 2 $3,300.00 6,600.00$
18 MANHOLES (P-8) (<10')EA 2 $3,300.00 6,600.00$
19 MANHOLES (J-7) (<10')EA 2 $3,700.00 7,400.00$
20 MODIFY/RAISE EXISTING E-TYPE INLET EA 1 $2,200.00 2,200.00$
21 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(18")LF 1,520 $68.00 103,360.00$
22 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(24")LF 269 $90.00 24,210.00$
23 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(42")LF 30 $255.00 7,650.00$
24 CONCRETE BRICK PAVERS SY 34 $105.00 3,570.00$
25 CONCRETE SIDEWALK, 6" THICK SY 2,121 $42.00 89,082.00$
26 DETECTABLE WARNING STRIPS (Cast Into Concrete Sidewalk)EA 13 $350.00 4,550.00$
27 PERFORMANCE TURF (BAHIA SOD)(INCLUDES WATER, FERTILIZER & MOWING)SY 4,750 $3.10 14,725.00$
28 PIPE GUIDERAIL (ALUMINUM)LF 125 $110.00 13,750.00$
29 RELOCATE CHAIN LINK FENCE (AS REQUIRED/DIRECTED BY ENGINEER)LF 357 $13.00 4,641.00$
30 SINGLE POST SIGN AS 5 $350.00 1,750.00$
31 SINGLE POST SIGN (RELOCATE)EA 4 $250.00 1,000.00$
32 RETRO-REFLECTIVE PAVEMENT MARKERS EA 36 $10.00 360.00$
33 THERMOPLASTIC (STANDARD)(WHITE)(SOLID)(12")LF 595 $3.00 1,785.00$
34 THERMOPLASTIC (STANDARD)(WHITE)(SOLID)(24")LF 422 $7.00 2,954.00$
35 THERMOPLASTIC (STANDARD)(YELLOW)(SOLID)(6")LF 638 $3.00 1,914.00$
36 OWNER ALLOWANCE - ROADWAY ALLOWANCE T&M 1 $30,000.00 30,000.00$
37 OWNER ALLOWANCE - DRAINAGE ALLOWANCE T&M 1 $30,000.00 30,000.00$
SUB-TOTAL:728,206.00$
38 6 " PVC C-900 DR-18 WATERMAIN LF 637 $35.00 22,295.00$
39 REMOVE/DISPOSE 6" ASBESTOS WATERMAIN LF 651 $25.00 16,275.00$
40 RELOCATE FIRE HYDRANT ASSEMBLY EA 1 $2,000.00 2,000.00$
41 ADJUST WATERMAIN VALVE TO GRADE EA 2 $550.00 1,100.00$
42 RELOCATE WATER METER EA 13 $750.00 9,750.00$
43 ADJUST WATER SERVICE EA 12 $550.00 6,600.00$
44 CONNECT WATER SERVICE TO WATERMAIN EA 2 $1,500.00 3,000.00$
45 6" WATERMAIN DEFLECTION EA 3 $2,000.00 6,000.00$
46 6" GATE VALVE EA 1 $1,450.00 1,450.00$
47 CONCRETE ENCASEMENT OF EXISTING 6" WATERMAIN LF 65 $12.00 780.00$
48 ADJUST SANITARY SEWER LATERAL EA 14 $450.00 6,300.00$
49 OWNER ALLOWANCE - UTILITY ALLOWANCE T&M 1 $18,000.00 18,000.00$
SUB-TOTAL:93,550.00$
PROJECT TOTAL:821,756.00$
ITB # 20-7751 "Immokalee Sidewalks Phase II Project'
BID SCHEDULE
“Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as
directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the
Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.”
ITEM
NO.DESCRIPTION UNIT QTY
* Section 3 Business Match
*Coastal Concrete Products
LLC dba Coastal Site
Development
UNIT COST TOTAL COST
1 of 1
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT A-2: CONTRACTOR’S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT A-3: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
David Machado Construction Superintendent
Maritza Aguiar Project Manager
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT B-1: PUBLIC PAYMENT BOND
ITB# 20-7751
Bond No.
Contract No. 20-7751
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
__________________________________________________________, as Principal, and
_______________________________________________________________, as Surety,
located at ______________________________________________________ (Business
Address) are held and firmly bound to _______________________________ as Obligee in the
sum of _________________________________________________ ($_____________) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ____ day of _______________
20 , with Obligee for ____________________________________ in
_______________________ accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of
______________ 20 , the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
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Construction Services Agreement: Revised 072118 (v6)
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this ____ day of ___________________, 20____, by
___________________________________________, as _____________________________
of _________________________________, a ______________________ corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
________________________________________________ as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary Public)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
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Construction Services Agreement: Revised 072118 (v6)
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 by means of ☐ physical presence or ☐
online notarization, this ____ day of ___________________, 20____, by
___________________________________________, as _____________________________
of _________________________________, a ______________________ corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
________________________________________________ as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary Public)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
ITB# 20-7751
Bond No.
Contract No. 20-7751
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.
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Construction Services Agreement: Revised 072118 (v6)
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this ____ day of ___________________, 20____, by
___________________________________________, as _____________________________
of _________________________________, a ______________________ corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
________________________________________________ as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary Public)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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Construction Services Agreement: Revised 072118 (v6)
ATTEST: SURETY:
(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 by means of ☐ physical presence or ☐
online notarization, this ____ day of ___________________, 20____, by
___________________________________________, as _____________________________
of _________________________________, a ______________________ corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
________________________________________________ as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary Public)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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Construction Services Agreement: Revised 072118 (v6)
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.
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Construction Services Agreement: Revised 072118 (v6)
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.
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Construction Services Agreement: Revised 072118 (v6)
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
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$ _________single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$_________ 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/Consultant
shall defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement.
5. Automobile Liability $ __________ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $ _________ Per claim & in the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Project Professional Liability $__________ Per Occurrence
Valuable Papers Insurance $__________ Per Occurrence
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Construction Services Agreement: Revised 072118 (v6)
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed
contract 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. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he
is required to meet. The same Consultant shall provide County with certificates of insurance meeting
the required insurance provisions.
10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-contributory with
respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and
the Contractor’s policy shall be endorsed accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
12. Thirty (30) Days Cancellation Notice required.
Consultant’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may
be required within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Consultant
Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name ___________________________________ Telephone Number ________________
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Construction Services Agreement: Revised 072118 (v6)
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. _____.
CONTRACTOR
BY:
Witness ITS:
President
DATE:
Witness
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this ____ day of ___________________, 20____, by
___________________________________________, as _____________________________ of
_________________________________, a ______________________ corporation, on behalf of the
corporation. He/she is personally known to me OR has produced
________________________________________________ as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public)
NAME:
(Legibly Printed)
Notary Public, State of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
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Construction Services Agreement: Revised 072118 (v6)
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:
Bid No.
Project No.
County’s Division Name Purchase Order No.
Submitted by Contractor
Representative: Name
Application Date:
Contractor’s Name &
Address:
Payment Application No.
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed &
Stored to Date:
$
Retainage @10%
through [Insert Date]
______
$ Retainage @ 10% through [Insert
date] ______
$
Retainage @ _____%
after [Insert date] ______
$ Less Retainage $
Total Earned Less Retainage $
Less previous payment(s)
Percent Work Completed
to Date:
% AMOUNT DUE THIS
APPLICATION:
$
Percent Contract Time
Completed to Date:
%
Liquidated Damages to
Be Accrued
$ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR’S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such
as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued
and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts
in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in
advance of such Work.
Contractor’s Name
Contractor’s Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional’s Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner’s Project Manager Name:
Signature: Date:
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT D (Continued)SCHEDULE OF VALUES
Project Name:Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED STORED TOTAL PERCENT BALANCE 10%__%TOTAL
NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
THIS & STORED (reduced rate)WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
what has happened since the change in retainage.
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
WORK COMPLETED
PREVIOUS APPLICATIONS
TOTALS
* 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 com
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Construction Services Agreement: Revised 072118 (v6)
Exhibit D
(Continued) Stored Materials Record
Formula: A + B - C - D = E
A B C D E
Invoice Previously Received Previously Installed Balance To
Date Description Supplier Number Received This Period Installed This Period Install
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER’S Project No. Design Professional’s Project No. _____________
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within __________days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
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Construction Services Agreement: Revised 072118 (v6)
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR’S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on ,
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
By:
Type Name and Title
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: ______ PO No.: ______ Date:
Contractor: __________________________________________________________________________
The following items have been secured by the ______
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: ___ Calendar Days.
Actual Date of Substantial Completion: _________.
Final Completion Time as set forth in the Agreement: __Calendar Days.
Actual Final Completion Date: ________.
YES NO
_____ ______ 1. All Punch List items completed on
_____ ______ 2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
_____ ______
4. 2 copies of Operation and Maintenance manuals for equipment and
_____ ______ system submitted (list manuals in attachment to this form).
_____ ______ 5. As-Built drawings obtained and dated: _________
_____ ______ 6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
_____ issued on (attach to this form).
_____ ______ 8. Certificate of Substantial Completion issued on
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)
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Construction Services Agreement: Revised 072118 (v6)
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
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Construction Services Agreement: Revised 072118 (v6)
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
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Construction Services Agreement: Revised 072118 (v6)
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
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Construction Services Agreement: Revised 072118 (v6)
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
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Construction Services Agreement: Revised 072118 (v6)
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor’s expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off-set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court’s Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety’s consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
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Construction Services Agreement: Revised 072118 (v6)
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
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record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
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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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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 Contractor 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 or
anyone employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor’s obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement.
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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 seq. 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 seq. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
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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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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 form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor’s
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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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 from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
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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.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 `Contractor shall immediately notify Project Manager and Design Professional. The Owner
or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
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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 NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as “Employees”), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
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Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees’ clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner’s property without Owner’s
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner’s property, and are strictly prohibited from using any of Owner’s telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner’s officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner’s facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner’s facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on Owner’s
property. Friends, family members or other visitors of the Employees are not permitted on Owner’s
property; and
28.5.9 At all times, Contractor shall adhere to Owner’s safety and security
regulations, and shall comply with all security requirements at Owner’s facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
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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 all 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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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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34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, “Board”, up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor’s business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A “project” shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor’s submittal for permitting.
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39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner’s projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner’s projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner’s staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner’s staff person or designee who would
make the presentation of any settlement reached at mediation to Owner’s Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
"Attached hereto, following this page"
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS
CONSTRUCTION CONTRACTS
CFDA 14.218
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
1)The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts (e.g. subcontract or sub-agreement);
2)The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3)The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower-tier subcontractor or service provider.
AUTHORITY
Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.)
Section 104(g) of Title I (24 CFR part 58) of the National Environmental Policy Act of 1969
24 CFR part 570 (Community Development Block Grants)
24 CFR part 50 or 24 CFR part 58, as applicable (Environmental Review Procedures)
2 CFR Part 200
CONTRACTOR COMPLIANCE OVERVIEW
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform
requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
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1. Access to Records
2. Administrative, Contractual, or Legal Remedies
3. Affirmative Action (200.321) / Utilization of Minority and Women’s Businesses
4. Affirmatively Furthering Fair Housing
5. Civil Rights Compliance
6. Conflict of Interest
7. Copyright and Patent Rights
8. Debarment and Suspension
9. Diversity
10. Energy Efficienc y Standards
11. Environmental Compliance (Clean Air Act of 1970 and Clean Water Act of 1972)
12. Environmental Review Procedures (National Environmental Policy Act)
13. Equal Opportunity Policy and Provisions
14. E-Verify
15.
Federal Labor Standards Provisions (Davis-Bacon Act, Contract Work Hours
and Safety Standards Act, Copeland “Anti-Kickback” Act,)
16. Grantee Recognition (Advertisement)
17. Guidance to Contractor for Compliance with Labor Standard Provisions
18. Historic Preservation
19. Lobbying Prohibition
20. No Third-Party Obligation by Federal Government
21.
Nondiscrimination under Federal Grants and Programs (Section 504,
Rehabilitation Act of 1973; Section 794, as amended)
22. Procurement of Recovered Materials
23. Program Fraud and False or Fraudulent Statements of Related Acts
24. Record Keeping and Retention
25. Religious Organizations
26. Section 3
27. Termination (Cause and Convenience) >$10K
28. Transparency Act
29. Uniform Relocation Assistance and Real Property Acquisition Act of 1970
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1.ACCESS TO RECORDS
The local government, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their duly
authorized representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
2. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES
(Ref. 41 U.S.C. 1908, 2 CFR § 200 Appendix II (A)
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question
between the local government and the contractor, arising out of or relating to this contract, or the breach of
it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
3.AFFIRMATIVE ACTION (Utilization of Minority and Women Firms [M/WBE]
(Presidential Executive Order 11246, September 24, 1966)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when
possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall
document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or
subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from:
·Florida Department of Management Services, Office of Supplier Diversity,
·Florida Department of Transportation (construction services, particularly highway),
·Minority Business Development Center in most major cities, and
·Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
4.AFFIRMATIVELY FURTHERING FAIR HOUSING
(Title VIII of the Fair Housing Act of 1968 (42 U.S.C. 3601-3619, and implanting regulations; 24 CFR Parts
5, 91, et al.) This contract will be conducted and administered in conformity with the Fair Housing Act (42
U.S.C. 3601-3619) and implementing regulations.
5 .CIVIL RIGHTS COMPLIANCE
The Contractor agrees to comply with applicable County and State civil rights ordinances and Title VI of the
Civil Rights Act of 1964 as amended, Title VII of the 1968 Civil Rights Act, as amended by the Equal
Employment Opportunity Act of 1972, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
Title VI of the Civil Rights Act of 1964. The Contractor shall comply with Title VI of the Civil Rights Act of
1964 which prohibits all recipients of federal financial assistance from discriminating based on race, color,
or national origin. Title VI applies to any program or activity receiving federal financial assistance, not just
housing.
6 .CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL
JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC
OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who exercises any function or responsibility with
respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed.
Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this
paragraph prohibiting conflict of interest.
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7 .COPYRIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban
Development and the grantee shall possess all rights to invention or discovery, as well as rights in data
which may arise as a result of the contractor’s services.
8 .DEBARMENT AND SUSPENSION
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such
the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §180.995),
or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. §180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt.3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered trans action it enters into. (3) This certification is a material representation of fact relied upon
by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida Department of Emergency
Management, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000, subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.” Verification will be checked through the
e x c l u d e d p a r t i e s s y s t e m l i s t at www.sam.gov.
9 .DIVERSITY
(Reference 2 CFR § 200.321)
The County is dedicated to fostering the continued development and economic growth of small, minority-,
women-, and service-disabled veteran business enterprises. All contracting and subcontracting
opportunities afforded by this solicitation/contract are strongly encouraged to contribute as both Contractors
and Sub-Contractors. Firms may be required to submit documentation addressing diversity and describing
the efforts being made to encourage the participation of small, minority-, women-, and service-disabled
veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified
Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity
at: http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/
10 .ENERGY EFFICIENCY STANDARDS
The contractor shall comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan and issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163).
11 .ENVIRONMENTAL COMPLIANCE
If this contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations
(40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over $100,000.
12 .ENVIRONMENTAL REVIEW PROCEDURES
(National Environmental Policy Act)
The environmental review procedures set forth at 24 CFR part 58 must be completed for each activity (or
project as defined in 24 CFR part 58), as applicable.
13.EQUAL OPPORTUNITY POLICY AND PROVISIONS
A.Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to F e d e r a l l y assisted construction contracts and related subcontracts $10,000 and under.)
During the performance of this contract, the Contractor agrees as follows:
(1)The Contractor shall not discriminate against any employee or applicant for employment because
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of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure
that applicants for employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
(2)The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)Contractors shall incorporate foregoing requirements in all subcontracts.
B.Executive Order 11246, as Amended (through 2014), Section 202 Equal Opportunity Clause
(Applicable to contracts/subcontracts above $10,000)
During the performance of this contract, the contractor agrees as follows:
(1)The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job functions discloses the compensation
of such other employees or applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information."
(4)The Contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer advising the said labor union or worker’s representatives of the Contractor’s
commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(5)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and by the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(6)The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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(7)In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8)The Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,
the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
C.Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.)
(a)The Offerer’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard
Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
(b)The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are
as follows:
Female participation: 6.9% (statewide)
Minority participation: 17.1% Collier County
These goals are applicable to all Contractor’s construction work (whether or not it is federally- assisted)
performed in the covered area. If the Contractor performs construction work in a geographic area
located outside of the covered area, it shall apply the goals established for such geographic area where
the work is actually performed. With regard to this second area, the Contractor also is subject to the
goals for both its Federally involved and non-Federally involved construction.
The Contractor’s c o m p l i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals
established or the geographic area where the contract resulting from his solicitation is to be performed.
The hours of minority and female employment or training must be substantially uniform throughout the
length of the contract and in each trade the Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or
trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the
Contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations in 41
CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
(c) The Contractor shall provide written notification to the County within 10 working days of award
of any construction subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address, and telephone number of
the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
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Contact Information:
Collier County Government—CHS Section 3 Manager
3339 East Tamiami Trail E, STE 211 Ms. Kristi Sonntag
Naples, Florida 34112 Telephone: 239-252-2486
Telephone 239-252-2273 kristiSonntag@colliergov.net
Fax 239-252-2638
http://www.colliergov.net/your-government/divisions-a-e/community-and-human-services
(d)As used in this Notice, and in the contract resulting from the solicitation, the “covered area” is the
county in which the contract work is being undertaken.
D.41 CFR 60-4.3 Equal Opportunity Clauses
(a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included
in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and
subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to
the clauses described above, all Federal contracting officers, all applicants and all nonconstruction
contractors, as applicable, shall include the specifications set forth in this section in all Federal and
federally assisted construction contracts in excess of $10,000 to be performed in geographical areas
designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of
$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and
subcontracts covered under the Executive order.
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246).
1.As used in these specifications:
A.“Covered area” means the geographical area described in the solicitation from which this
contract resulted;
B.“Director” means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
C.“Employer identification number” means the Federal Social Security number used on the
Employer’s quarterly Federal Tax Return, U.S. Treasury Department Form 941.
D.“Minority” includes:
(I)Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(II)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central, or South American or other
Spanish Culture or origin, regardless of race);
(III)Asian and Pacific Islander (all persons having o r i g i n s in any of the original peoples
of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV)American Indian or Alaskan Native (all persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U. S. Department of Labor in the covered area either individually or through an association, its
affirmative action o b l i g a t i o n s on all work i n the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
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Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith
performance by other Contractors or subcontractors toward a goal in an approved Plan does not
excuse any covered Contractor’s or Subcontractor’s failure to take good faith efforts to achieve the Plan
goals and timetables
4.The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A)
through (P). of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female utilization
the Contractor should reasonably be able to achieve in each construction trade in which it has employees in
the covered area. Covered construction contractors performing contracts in geographical areas where they
do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals
established for the geographic area where the contract is being performed. Goals are published periodically
in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
5.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor’s obligations under t h e s e s p e c i f i c a t i o n s , Executive Order 11246, or the regulations
promulgated pursuant thereto.
6.In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U. S. Department of Labor.
7.The Contractor shall t a k e s p e c i f i c a f f i r m a t i v e actions to ensure equal employment opportunity.
The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensively as the following:
(a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are
aware of and carry out the Contractor’s obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites in such facilities.
(b)Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organization’s responses.
(c)Maintain a current file of the names, addresses, and telephone n u m b e r s of each m i n o r i t y a
n d female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the
union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason
therefore along with whatever additional actions the Contractor may have taken.
(d)Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person
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or woman sent by the Contractor, or when the Contractor has other information that the union referral
process has impeded the Contractor’s efforts to meet its obligations.
(e)Develop on-the-job training opportunities and/or participate in training programs for the areas which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor’s employment needs, especially those programs funded or approved
by the Department of Labor. The Contractor shall provide notice of these programs to the sources
compiled under 7.(b) above.
(f)Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with
all minority and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is performed.
(g)Review, at least annually, the company’s EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with on- site supervisory personnel
such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
(h)Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractor’s EEO policy with other Contractors and Subcontractors with whom the
Contractor does or anticipates doing business.
(i)Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female recruitment students and to minority and female recruitment and
training organizations serving the Contractor’s recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
(j)Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor’s work force.
(k)Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR 60-3.
(l)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel
for promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(m)Ensure that seniority practices, job classifications, work assignments and other personnel practices,
do not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are
being carried out.
(n)Ensure that all facilities and company activities are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(o)Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and female
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contractor associations and other business associations.
(p)Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor’s EEO policies and affirmative action obligations.
(q)become familiar with the HUD “Questions and Answers on Sexual Harassment under the Fair
Housing Act." And request a copy from the County if needed.
8.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more
of their affirmative action obligations (7) (a) through (p). The efforts of a contractor association, joint contractor-
union, contractor-community, or other similar group of which the Contractor is a member and participant, may
be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of these Specifications
provided that the Contractor actively participates in the group, makes every effort to assure that the group has
a positive impact on the employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to documentation
which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,
however, is the contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.
9.A single goal for minorities and separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner
(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be
in violation of the Executive Order if a specific minority group of women is underutilized).
10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11.The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12.The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13.The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so
as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails
to comply with the requirement of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14.The contractor s h a l l designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee, the
name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number
where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location
at which the work was performed. Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this requirement, contractors shall not be required
to maintain separate records.
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15.Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance and upon the application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
E.Certification of Non-Segregated Facilities (Construction Contracts over $10,000)
The contractor does not maintain or provide for its employees to perform their services at any location, under
its control, where segregated facilities are maintained. The contractor certifies further that it will not maintain
or provide for its employees any segregated facilities at any of its establishments, and that it will not permit
employees to perform their services at any location, under its control, where segregated facilities are
maintained. The contractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract.
As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing
facilities which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color,
or national origin, because of habit, local custom, or otherwise.
The contractor further agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior
to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following notice
to such proposed subcontractors (except where the proposed subcontractors have submitted identical
certifications for specific time periods).
F.Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
G.Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national original, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
H.Section 503 Handicapped (Contracts $2,500 or Over)
(1) The Contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based upon
their physical or mental handicap in all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary
of Labor issued pursuant to the Act.
(3)In the event of the Contractor’s noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
(4)The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the Contractor’s obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
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applicants for employment, and the rights of applicants and employees.
(5)The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding, that the contractor is bound by the
terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to
employ and advance in employment physically and mentally handicapped individuals.
(6)The Contractor will include the provisions of this clause in every subcontract or purchase order
of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase order
as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
I.Age Discrimination in Employment Act of 1967, as Amended
It shall be unlawful for an employer-
(1)to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of employment, because of such
individual’s age;
(2)to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his status as an employee,
because of such individual’s age; or
(3)to reduce the wage rate of any employee in order to comply with this chapter.
J.Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against
employees or applicants because of genetic information. Employers are prohibited from using genetic
information in making employment decisions. GINA restricts employers and other entities covered by
Title II (employment agencies, labor organizations and joint labor-management training and
apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing
genetic information, and strictly limits the disclosure of genetic information. The law forbids
discrimination on the basis of genetic information when it comes to any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other
term or condition of employment.
(2) “Genetic information” includes information about an individual’s genetic tests and the
genetic tests of an individual’s family members, as well as information about the manifestation
of a disease or disorder in an individual’s family members (i.e. family medical history). Family
medical history is included in the definition of genetic information because it is often used to
determine whether someone has an increased risk of getting a disease, disorder, or condition
in the future.
I.Section 503 Handicapped (Contracts $2,500 or Over)
(7)The Contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in all employment
practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
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(8)The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(9)In the event of the Contractor’s noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of
Labor issued pursuant to the Act.
(10) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by
or through the contracting officer. Such notices shall state the Contractor’s obligation under
the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
(11) The Contractor will notify each labor union or representative of workers with which it has
a collective bargaining agreement or their contract understanding, that the contractor is bound
by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally handicapped
individuals.
(12) The Contractor will include the provisions of this clause in every subcontract or purchase
order of $2,500 or more unless exempted by rules, regulations, or orders of the
Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for noncompliance.
J.Age Discrimination in Employment Act of 1967, as Amended
It shall be unlawful for an employer-
(1)to fail or refuse to hire or to discharge any individual or otherwise discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual’s age;
(2)to limit, segregate, or classify his employees in any way which would deprive or tend to deprive
any individual of employment opportunities or otherwise adversely affect his status as an
employee, because of such individual’s age; or
(3)to reduce the wage rate of any employee in order to comply with this chapter.
K.Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1)Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate
against employees or applicants because of genetic information. Employers are prohibited
from using genetic information in making employment decisions. GINA restricts employers and
other entities covered by Title II (employment agencies, labor organizations and joint labor-
management training and apprenticeship programs - referred to as "covered entities") from
requesting, requiring or purchasing genetic information, and strictly limits the disclosure of
genetic information. The law forbids discrimination on the basis of genetic information when it
comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions,
layoffs, training, fringe benefits, or any other term or condition of employment.
(2) “Genetic information” includes information about an individual’s genetic tests and the genetic
tests of an individual’s family members, as well as information about the manifestation of a
disease or disorder in an individual’s family members (i.e. family medical history). Family
medical history is included in the definition of genetic information because it is often used to
determine whether someone has an increased risk of getting a disease, disorder, or condition
in the future.
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14 .E-VERIFY
(Presidential Executive Order 12989; Florida Executive Order Number 11-116)
Vendors/Contractors/Subcontracts: 1. Agree to utilize the U.S. Department of Homeland Security's E-verify
system to verify the employment of all new employees hired by Contractor during the contract term; and 2.
Contractor shall include in related subcontracts a requirement that Subcontractors performing work or
providing services pursuant to the state contract utilize the E-verify system to verify employment eligibility
of all new employees hired by the Subcontractor during the contract term.
15 .FEDERAL LABOR STANDARDS PROVISIONS
(Davis-Bacon Act, Copeland Anti-Kickback Act, and Contract Work Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the United
States of America and the following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A.(1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without regard to skill, except
as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein; provided, that the employer’s payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(b)(i) Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be classified in conformance with the wage determination.
HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only
when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2)The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(ii)If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, employment Standards Administration, U. S. Department of Labor,
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Washington, D. C. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB
control number 1215-0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator
for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that the additional time is necessary. (Approved
by the Office of Management and Budget under OMB Control Number 215-0140.)
(iv)The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(c)Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(d)If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits under
a plan or program. Provided, that the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the Davis- Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other federal contract with the same prime contractor,
or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees
and helpers employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), all or part of the wages required by the contract, HUD, or its designee may,
after written notice to the contractor, sponsor, applicant, or owners, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for and on account of the contractor or subcontractor
to the respective employees to whom they are due. The Comptroller General shall make
such disbursements in the case of direct Davis-Bacon Act contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
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United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs. (Approved by the Office of Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017).
(b)(i) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owners, as the case may be, for transmission to HUD or its designee. The
payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in
any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-
1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0149).
(ii)Each payroll submitted shall be accompanied by a “Statement of Compliance”, signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(iii)The weekly submission of a properly executed certification set forth on the reverse side
of Option Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph A(3)(b)(ii) of this section.
(iv)The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
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(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of
this section available for inspection, copying, or transcription by authorized representatives
of HUD or its designee or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor or subcontractor fails
to submit the required records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request to make such records
available may be grounds for debarment action pursuant to 29 CFR Part 5.12.
(4) (a) Apprentices and Trainees.
(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U. S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in
such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under the registered program. Any worker listed on a payroll
at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program,
shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. Where a contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s
or subcontractor’s registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice’s level
of progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with the determination. In the event
the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U. S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee’s level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination.
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(ii)Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on
the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating
in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program the
contract will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii)Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements
of 29 CFR Part 3 which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contract shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5.
(7)Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by
referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor (USDOL) set
forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or
the employees or their representatives.
(10) (a) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person
or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(b)No part of this contract shall be subcontracted to any person or firm ineligible for award of
a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24
CFR Part 24.
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(c)The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.
S.C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., “Federal
Housing Administration transactions”, provides in part “Whoever, for the purpose of ...
influencing in any way the action of such Administration ... makes, utters or publishes any
statement, knowing the same to be false… shall be fined not more than $5,000 or
imprisoned not more than two years, or both.”
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the
wage, salary, or other labor standards provisions of this contract are applicable shall be
discharged or in any other manner discriminated against by the contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B.Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms “laborers”
and “mechanics” include watchmen and guards.
(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act , which is held by the same prime
contractor such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with
the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C.Health and Safety
(1)No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health and safety as
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determined under construction safety and health standards promulgated by the Secretary of
Labor by regulation.
(2)The contractor shall comply with all regulations issued by the Secretary of Labor pursuant
to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83
State 96).
(3)The contractor shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each subcontractor. The contractor shall take such action
with respect to any subcontract as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
16 .GRANTEE RECOGNITION (ADVERTISEMENT/PUBLIC NOTICE)
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding
source. The Contractor will mount a temporary construction sign for projects funded by Housing Urban
Development through Collier County Community and Housing Services. The design concept is intended to
disseminate key information regarding the development team as well as Equal Housing Opportunity to the
general public. The Construction sign shall comply with applicable County codes.
17.GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS
PROVISIONS
A.Contracts with T wo Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works
on the site, must submit either two separate payrolls (one for each wage decision) or one payroll
which identifies each worker twice and the hours worked under each wage decision. One
single payroll, reflecting each worker once, may be submitted provided the Contractor uses
the higher rate in the wage decisions for each identical job classification. However, where a
job classification is not listed in a wage decision and is needed for that portion of the work, the
classification must be added to the wage decision. A worker may not be paid at the rate for a
classification using the hourly rate for that same classification in another wage decision. After
the additional classification is approved, the contractor may pay the higher of the two rates
and submit one payroll, if desired.
B.Complying with Minimum Hourly Amounts
(1)The minimum hourly amount due to a worker in each classification is the total of the
amounts in the “Rates” and “Fringe Benefits” (if any) columns of the applicable wage
decision.
(2)The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe benefits, regardless of the individual amounts reflected in the “Rates” and
“Fringe Benefits” columns.
(3)A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third
party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor’s annual cost
(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for
workers with overtime, an additional payment may be required to meet the minimum hourly
wages since generally fringe benefits have no value for any time worked over 40 hours
weekly. (If a worker is paid more than the minimum rates required by the wage decision,
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this should not be a problem. As long as the total wages received by a worker for straight
time equals the hours worked times the minimum hourly rate in the wage decision, the
requirement of the Davis-Bacon and Related Acts has been satisfied.)
C.Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual
hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon
and related acts only establish minimum rates and does not address overtime; the Contract
Work Hours Act contains the overtime requirement and uses “basic rate of pay” as the base
for calculation, not the minimum rates established by the Davis-Bacon and related acts.)
D.Deductions
Workers who have deductions, not required by law, from their pay must authorize these
deductions in writing. The authorization must identify the purpose of each deduction and the
amount, which may be a specific dollar amount or a percentage. A copy of the authorization
must be submitted with the first payroll containing the deduction. If deducted amounts increase,
another authorization must be submitted. If deducted amounts decrease, no revision to the
original authorization is needed. Court-ordered deductions, such as child support, may be
identified by the responsible payroll person in a separate document. This document should
identify the worker, the amount deducted and the purpose. A copy of the court order should be
submitted.
E.Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner’s
representative in writing and identify the job classification(s) required. In some
instances, the State agency may allow the use of a similar classification in the wage decision.
Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot
be lower than the lowest rate for any trade in the wage decision. Laborers (including any
subcategory of the laborer classification) and truck drivers are not considered a trade for this
purpose. If the classification involves a power equipment operator, the minimum cannot be lower
than the lowest rate for any power equipment operator in the wage decision. The owner will
provide forms to document agreement on the minimum rate by the affected workers and contractor.
The USDOL must approve the proposed classification and rate. The contractor may pay the
proposed rate until the USDOL makes a determination. Should the USDOL require a higher
rate, the contractor must make wage restitution to the affected worker(s) for all hours worked
under the proposed rate.
F.Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising
workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will
not include such supervisory classifications and their wages are not subject to any minimums
under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours
and Safety Standards Act. However, foremen and other supervisory personnel who spend less
than 80% of their time engaged in supervisory activities are considered workers/mechanics for
the time spent engaged in manual labor and must be paid at least the minimum in the wage
decision for the appropriate classification(s) based on the work performed.
G.Sole Proprietorships / Independent Contractors / Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the
requirement to comply with the labor standards provisions of this contract. The applicability of
the labor standards provisions is based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards
provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and
performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions,
including minimum wages and overtime. His status as “owner” is irrelevant for labor standards
purposes.
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If a worker meets the IRS standards for being an independent contractor, and is
employed as such, this means that the worker must submit a separate payroll as a
subcontractor rather than be included on some other payroll. The worker is still subject to
the labor standards provisions in this contract, including minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards
provisions in this contract, including minimum wages and overtime. The leasing firm must submit
payrolls and these payrolls must reflect information required to determine compliance with the
labor standards provisions of this contract, including a classification for each worker based on
the nature of the work performed, number of regular hours worked, and number of overtime
hours worked.
H.Apprentices/Helpers
A worker may be classified as an apprentice only if participating in a federal or state
program. Documentation of participation must be submitted. Generally, the apprentice program
specifies that the apprentice will be compensated at a percentage of the journeyman rate. For
Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly
rate for the classification in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker
must be classified according to duties performed. This procedure may require classification in
the “trade” depending on tools used, or as a laborer if specialized tools of the trade are not
used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department
of Labor located in most large cities regarding the appropriate classification.
Presently, no worker may be classified as a “helper”. As with apprentices not participating in a
formal apprentice program, the worker must be classified according to duties performed and tools
used.
18. HISTORIC PRESERVATION
The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the
Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and with all other environmental regulator y requirements. D. Historic Preservation: The
contractor agrees to comply with the Historic Preservation requirements set forth in the National Histor ic
Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800,
Advisory Council on Historic reserv ation Procedures for Protection of Historical Properties.
19 .LOBBY PROHIBITION
(a) No funds or other resources received fro m the Department under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature
or any state agency.
(b)The contractor/vendor certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief;
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency," a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the e xtension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall
complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying."
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The contractor/vendor shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, T itle 31, U.S. Code. Any p erson who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
20.NO THIRD-PARTY OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to
the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
21 .NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS
(Section 504, Rehabilitation Act of 1973; 29 USC § 794)
a)Section 504 prohibits discrimination based upon disability in all programs or activities operated by
recipients of federal financial assistance.
b)Section 794. No otherwise qualified individual with a disability in the United States, as defined in
section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance or under any program or activity conducted by any
Executive agency.
22 . PROCUREMENT OF RECOVERED MATERIALS
(Reference 2 CFR § 200.322)
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247.(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively
within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract
performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available
at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/. The list of EPA-designate
items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
23.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OF RELATED
ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contractor’s actions pertaining to this contract.
24.RECORD KEEPING AND RETENTION
The Recipient, its employe es or agents, including all contractors, subcontractors or consultants to
be paid from funds under this Agreement, shall allow access to its records at reasonable times
to the Departments, its employees and agents. “Reasonable” shall ordinarily mean during normal
business hours of 8am to 5pm local time, o n Monday through Friday. “Agents” shall include, but not b e
limited to, auditors retained by the Department.
i.The Contractor shall maint ain all records required by the grantor.
ii.All reports, plans, surveys, information, documents, maps and other data procedures
developed, prepared, assembled, or completed by the Contractor for the purpose of this
Agreements shall be made available to the County by the Contractor at any time upon request
by the County or HUD. Upon completion of all wor k contemplated under this agreement
copies of all documents and records relating to this agreement shall be surrendered to the
County if requested. In any event the sub-recipient shall keep all document s for six (6) years
after the expiration of this agreement and after the local government makes final payment and
all other pending matters are closed.
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25 .RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section
24 CFR 570.200(j) specifies the limitations on CDBG funds.
26.“SECTION 3” TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES
(1)The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
(2)The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(3)The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the S ection 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
(4)The contractor agrees to include this S ection 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor
is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
(5)The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.
(7)With respect to work performed in connection with S ection 3 covered Indian housing assistance,
section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject
to the provisions of section 3 and section 7(b) agree to comply with S ection 3 to the maximum
extent feasible, but not in derogation of compliance with section 7(b).
27 .TERMINATION FOR CAUSE AND / OR CONVENIENCE (OVER $10K)
2.TERMINIATION FOR CAUSE AND / OR CONVENIENCE
A.This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FPC - 25
party, provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2)an opportunity for consultation with the terminating party prior to termination.
B.This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in 1.(A) above.
C.If termination for default is effected by the local government, an equitable adjustment in the price
for this contract shall be made, but
(1)no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any addit
ional costs to the local government because of the contractor’s default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already been
included in an invoice.
For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
D.Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
(1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications, summaries
and other such information, as may have been accumulated by the contractor in performing this contract,
whether completed or in process.
E.Upon termination, the local government may take over the work and m a y a war d a not her party a
contract to complete the work described in this contract.
F.If, after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to
have been for the convenience of the local government. In such event, adjustment of the contract price
shall be made as provided in paragraph (c) above.
28 .TRANSPARENCY ACT
Unless exempt under 2 CFR § 170.11 O(b), the Contractor shall comply with the reporting requirements of
the Transparency Act as expressed in 2 CFR Part 170.
29.UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT
OF 1970
The Contractor shall certify they have in effect and are following a Residential Antidisplacement and
Relocation Assistance Plan (RARAP) and comply with the Section 104(d) and implementing regulation 24
CFR Part 42 for Federal or federally funded projects.
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FPC - 26
STATE AND FEDERAL STATUTES AND REGULATIONS
By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as
applicable) federal and state requirements:
1.Community Development Block Grant Disaster
2.Recovery Emergency Rule 9BER09-2; The Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.);
3.Florida Small and Minority Business Act, s. 288.702-
288.714, F.S.;
4.Florida Coastal Zone Protection Act, s. 161.52- 161.58,
F.S.;
5.Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.;
6.Title I of the Housing and Community Development
7.Act of 1974, as amended
8.Treasury Circular 1075 regarding drawdown of CDBG
funds.
9.Sections 290.0401-290.049, F.S.;
10.Rule Chapter 9B-43, Fla. Admin. Code.; 10. Department
of Community Affairs Technical Memorandums;
11.HUD Circular Memorandums applicable to the Small
Cities CDBG Program;
12.Single Audit Act of 1984;
13.National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act;
14.National Historic Preservation Act of 1966 (Public Law89-
665)as amended and Protection of Historic Properties
(24C.F.R. Part 800);
15.Preservation of Archaeological and Historical Data Act of
1966;
16.Executive Order 11593 - Protection and Enhancement of
Cultural Environment;
17.Reservoir Salvage Act;
18.Safe Drinking Water Act of 1974, as amended;
19.Endangered Species Act of 1958, as amended;
20.Executive Order 12898 - Environmental Justice
21.Executive Order 11988 and 24 C.F.R. Part 55 – Floodplain
Management;
22.The Federal Water Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 et. seq.);
23.Executive Order 11990 -Protection of Wetlands;
24.Coastal Zone Management Act of 1968, as amended;
25.Wild and Scenic Rivers Act of 1968, as amended;
26.Clean Air Act of 1977;
27.HUD Environmental Standards (24 C.F.R. Part 58);
28.Farmland Protection Policy Act of 1981;
29.Clean Water Act of 1977;
30.Davis- Bacon Wage Rate Act;
31.Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C. s. 327 et. seq;
32.Florida Statute 287.134, Discriminatory Vendors List
33.The Wildlife Coordination Act of 1958, as amended;
Noise Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L 92-234;
35.Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
36.Coastal Zone Management Act of 1972, P.L
92-583;
37.Architectural and Construction Standards;
38.Architectural Barriers Act of 1968,42 U.S.C. 4151;
39. Executive Order 11296, relating to evaluation of flood
hazards;
40. Executive Order 11288. relating to prevention, control
and abatement of water pollution;
41. Cost-Effective Energy Conservation Standards, 24
C.P.R. Part 39;
42. Section 8 Existing Housing Quality Standards, 24 C.F.R.
Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act, 29 U.S.C., s.201 et.
seq.;
45. Title VI of the Civil Rights Act of 1964 Non
discrimination;
46. Title VII of the Civil Rights Act of 1968 Non-
discrimination in housing;
47. Age Discrimination Act of 1975;
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community
Development Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R. Part 8;
51. Executive Order 11063 - Equal Opportunity in Housing;
52. Executive Order 11246- Nondiscrimination;
53. Section 3 of the Housing and Urban Development Act
of 1968, as amended – Employment Training of Lower
Income Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and
49 C.F.R. Part 24;
55. Copeland Anti-Kickback Act of 1934; Hatch Act;
56. Title N Lead-Based Paint Poisoning Prevention Act (42
U.S.C., s. 1251 et. seq.);
57. OMB 2 CFR Part 200
58. Administrative Requirements for Grants, 24 C.F.R. Part
85; 59. Section 02 of the Department of Housing and
Urban Development Reform Act of 1989 and 24 C.F.R.
Part 12.
16.B.1.a
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FPC - 27
SECTION 3 REQUIREMENTS
What is Section 3?
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic
development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program
requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training,
employment, and contracting opportunities for low- or very-low income residents in connection with projects and
activities in their neighborhoods.
How does Section 3 promote self- sufficiency?
Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral
foundation coupled with other resources comes the opportunity for economic advancement and self- sufficiency.
•Federal, state and local programs
•Advocacy groups
•Community and faith-based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting
opportunities they have begun the first step to self-sufficiency.
Remember, “It doesn’t have to be fields of dreams”. Homeownership is achievable. For more information visit our
HUD website.
Who are Section 3 residents?
Section 3 residents are:
•Public housing residents or
•Persons who live in the area where a HUD-assisted project is located and who have a household income
that falls below HUD’s income limits as provided below.
SECTION 3 INCOME LIMITS
(FY 2020 Income Limits from www.huduser.org)
All residents of public housing developments and those participating on the Section 8 program qualify as Section 3
residents. Additionally, individuals residing in Collier County who meet the income limits set forth below also qualify for
Section 3 status.
A picture identification and proof of current residency is required.
Eligibility Guidelines
Number in Household Very low-income (50%) Low income (80%)
1 person $28,850 $46,100
2 person $32,950 $52,700
3 person $37,050 $59,300
4 person $41,150 $65,850
5 person $44,450 $71,150
6 person $47,750 $76,400
7 person $51,050 $81,700
8 person $54,350 $86,950
Determining Income Levels
•Low income is defined as 80% or below the median income of that area.
•Very low income is defined as 50% or below the median income of that area.
What is a Section 3 business concern?
A business that:
•Is 51 percent or more owned by Section 3 residents;
•Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or
•Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more
of the dollar amount of the awarded contract.
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FPC - 28
What programs are covered?
Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and
modernization expenditures.
Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete
housing rehabilitation, housing construction, and other public construction.
What types of economic opportunities are available under Section 3?
•Job training
•Employment
•Contracts
Any employment resulting from these expenditures, including administration, management, clerical support,
and construction, is subject to compliance with Section 3.
Examples of Opportunities include but not limited to the list identified:
•Accounting
•Architecture
•Appliance repair
•Bookkeeping
•Bricklaying
•Carpentry
•Carpet Installation
•Catering
•Cement/Masonry
•Computer/Information
•Demolition
•Drywall
•Elevator Construction
•Engineering
•Fencing
•Florists
•Heating
•Iron Works
•Janitorial
•Landscaping
•Machine Operation
•Manufacturing
•Marketing
•Painting
•Payroll Photography
•Plastering
•Plumbing
•Printing Purchasing
•Research
•Surveying
•Tile setting
•Transportation
•Word processing
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-29
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities. They and their contractors
and subcontractors are required to provide, to the greatest extent feasible, economic opportunities
consistent with existing Federal, State, and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
•Persons in public and assisted housing
•Persons in the area where the HUD financial assistance is spent
•Participants in HUD Youthbuild programs
•Homeless persons
For contracting:
Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where
the HUD assistance is being spent. Effective ways of informing residents about available training and job
opportunities are:
•Contacting resident organizations, local community development and employment agencies
•Distributing flyers
•Posting signs
•Placing ads in local newspapers
Are recipients, contractors, and subcontractors required to provide long- term employment
opportunities, not simply seasonal or temporary employment?
Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to
low and very low-income persons, including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their
permanent, full-time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the
30 percent requirement. This encourages recipients to continue hiring Section 3 residents when
employment opportunities are available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for either may file a
complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates
complaints. HUD also examines employment and contract records for evidence that recipients are training
and employing Section 3 residents and awarding contracts to Section 3 businesses.
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with either the regional or local offices below.
ATLANTA REGIONAL OFFICE
U.S. Department of Housing and Urban Development Southeast Office
40 Marietta Street
Atlanta, GA 30303
(404)331-5140
(800)440-8091
Fax: (404) 331-1021
Email: complaints_office_04@hud.gov
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-30
LOCAL HUD FIELD OFFICE
Public Housing and Community Development;
701 NW 1st Court, 16th Floor; Miami, FL 33136
Section3@miamidade.gov
A written complaint should contain:
•Name and address of the person filing the complaint
•Name and address of subject of complaint (HUD recipient, contractor or subcontractor)
•Description of acts or omissions in alleged violation of Section 3
•Statement of corrective action sought i.e. training, employment or contracts
Additional information may be found at HUD’s Section 3 website
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/section3/section3
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-31
DAVIS BACON ACT IS APPLICABLE YES NO
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-32
DOL WAGE RATE DECISION
See following pages for this document.
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-33
"General Decision Number: FL20200110 01/03/2020
Superseded General Decision Number: FL20190110
State: Florida
Construction Type: Heavy
County: Collier County in Florida.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2020
ELEC0728-006 03/01/2019
Rates Fringes
ELECTRICIAN......................$ 32.63 12.23
----------------------------------------------------------------
ENGI0487-014 07/01/2013
Rates Fringes
OPERATOR: Crane
All Tower Cranes Mobile,
Rail, Climbers, Static-
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-34
Mount; All Cranes with
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydraulic,
Electric or Otherwise;
Cranes 150 Tons & Over;
Cranes with 3 Drums (When
3rd drum is rigged for
work); Gantry & Overhead
Cranes; Hydraulic Cranes
Over 25 Tons but not more
than 50 Tons;
Hydraulic/Friction Cranes;
& All Types of Flying
Cranes; Boom Truck..........$ 29.05 8.80
Cranes with Boom Length
Less than 150 Feet (With
or without jib); Hydraulic
Cranes 25 Tons & Under, &
Over 50 Tons (With Oiler);
Boom Truck..................$ 28.32 8.80
OPERATOR: Drill.................$ 25.80 8.80
OPERATOR: Oiler.................$ 22.99 8.80
----------------------------------------------------------------
* IRON0272-005 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 25.49 11.99
----------------------------------------------------------------
LABO1652-004 05/01/2018
Rates Fringes
LABORER: Grade Checker..........$ 22.05 7.27
----------------------------------------------------------------
PAIN0365-007 08/01/2019
Rates Fringes
PAINTER: Brush, Roller and
Spray............................$ 20.21 11.28
----------------------------------------------------------------
SUFL2009-149 06/24/2009
Rates Fringes
CARPENTER........................$ 14.95 2.92
CEMENT MASON/CONCRETE FINISHER...$ 14.77 3.50
LABORER: Common or General......$ 9.72 1.31
LABORER: Landscape..............$ 7.25 0.00
LABORER: Pipelayer..............$ 11.33 0.00
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-35
LABORER: Power Tool Operator
(Hand Held Drills/Saws,
Jackhammer and Power Saws
Only)............................$ 10.63 2.20
OPERATOR: Asphalt Paver.........$ 11.59 0.00
OPERATOR: Backhoe Loader
Combo............................$ 16.10 2.44
OPERATOR: Backhoe/Excavator.....$ 14.91 1.08
OPERATOR: Bulldozer.............$ 17.00 0.00
OPERATOR: Grader/Blade..........$ 16.00 2.84
OPERATOR: Loader................$ 14.75 0.00
OPERATOR: Mechanic..............$ 14.32 0.00
OPERATOR: Roller................$ 10.76 0.00
OPERATOR: Scraper...............$ 11.00 1.74
OPERATOR: Trackhoe..............$ 20.92 5.50
OPERATOR: Tractor...............$ 10.54 0.00
TRUCK DRIVER, Includes Dump
Truck............................$ 11.00 0.00
TRUCK DRIVER: Lowboy Truck......$ 12.73 0.00
TRUCK DRIVER: Off the Road
Truck............................$ 12.21 1.97
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-36
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-37
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS
FCP-38
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
"
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EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 1
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
GCA - 2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions
GCA - 3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier
Covered Transactions
GCA - 4 Certification Regarding Lobbying
GCA - 5 Conflict of Interest
GCA - 6 Anticipated DBE, M/WBE or VETERAN Participation Statement
GCA - 7 Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
GCA - 8 Certification of Payments to Influence Federal Transactions
GCA - 9 Affidavit for and Certification for Claiming Status as a Section 3 Business
GCA - 10,11 Construction Contractors Bid Opportunity List
GCA - 12 Acknowledgement of Grant Terms and Conditions
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Construction Solicitation Doc rev 02-21-20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSTRUCTION INVITATION TO BID
FOR
IMMOKALEE SIDEWALKS PHASE II PROJECT
SOLICITATION NO.: 20-7751
BARBARA LANCE, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8998
Barbara.Lance@colliercountyfl.gov (Email)
This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any
alterations to this document made by the Vendor may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier County
Government.
16.B.1.b
Packet Pg. 179 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Construction Solicitation Doc rev 02-21-20
INVITATION TO BID - COUNTY BID NO. 20-7751
IMMOKALEE SIDEWALKS PHASE II PROJECT
Sealed bids for the construction of Immokalee Sidewalks Phase II Project will be received electronically until 3:00 P.M. LOCAL
TIME, on the 9th day of June, 2020 on the County’s on-line bidding system: https://www.bidsync.com/bidsync-cas/. All bids
will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall b e
returned unopened to the Bidder. The anticipated project budget is: $940,000.00.
A non-mandatory pre-bid conference shall be held virtually by calling Phone Bridge #: 239-252-7205 and using Access Code:
212121 on the 19th day of May, 2020, at which time all prospective Bidders may have questions answered regarding the Bidding
Documents for this Project.
Bids shall be received on line by the Bid Date of June 9, 2020. No bid shall be considered unless it is made on unaltered Bid forms
which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined
on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/.
Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources
other than the Collier County Procurement Services Division website may not be accurate or current.
Each bid shall be accompanied by a certified or cashier ’s check or a Bid Bond in an amount not less than five percent (5%) of the
total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required
bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges
and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General
Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of
Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its
place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualifie d to do
business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each
bond a certified and effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applica ble, hold or obtain such contractor's and business licenses,
certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work
contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and
ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, th e
Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one hundred fifty (150) calendar days from and after
the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of on
hundred twenty (120) calendar days, with an additional thirty (30) calendar days to final completion. Should Contractor fail to
achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as
liquidated damages, but not as a penalty, one thousand six hundred and sixty-five ($1,665) for each calendar day thereafter until
Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 am a.m. to 7:00 pm p.m.,
Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the
Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one
hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder.
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
BY: /s/ Sandra Herrera
Director, Procurement Services Division
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Packet Pg. 180 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Construction Solicitation Doc rev 02-21-20
FORM 1 - BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IMMOKALEE SIDEWALKS PHASE II PROJECT
BID NO. 20-7751
Full Name of Bidder
Main Business Address
Place of Business
Telephone No. Fax No.
State Contractor's License #
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number
DUNS # CCR# Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contract or'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.
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
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above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner’s actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within one hundred twenty (120)
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.
Acceptance and acknowledged by an Authorize Agent
Signature:______________________________________
Title:___________________________________________
Date:____________________________
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FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT
IMMOKALEE SIDEWALKS PHASE II PROJECT
Bid No. 20-7751
Name Personnel Category
Construction Superintendent
Project Manager
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FORM 3 - MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitnes s 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 Enginee r/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: _____________________________________________________________
Signature: ___________________________________________ Date: _________
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: __________________________________________________-_________________
Signature:______________________________________________________ Date ________
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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 Docume nts, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work Subcontractor and Address
1. Electrical
2. Mechanical
3. Plumbing
4. Site Work
5. Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: ___________________________________________________________________
Signature: __________________________________________________ Date: _________
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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.
1.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (tit le)
________________________ $_____________ _________________ _________________________
(project start/completion dates) (contract value) (phone) (email)
2.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (ti tle)
________________________ $_____________ _________________ _________________________
(project start/completion dates) (contract value) (phone) (email)
3.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (title)
________________________ $_____________ _________________ _________________________
(project start/completion dates) (contract value) (phone) (email)
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FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
4.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (title)
________________________ $_____________ _________________ _________________________
(project completion date) (contract value) (phone) (email)
5.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (title)
________________________ $_____________ _________________ _________________________
(project completion date) (contract value) (phone) (email)
6.
_______________________________________ ____________________________________________
(project name) (project owner)
_______________________________________ ____________________________________________
(project location) (Owner’s address)
_______________________________________ _________________________ __________________
(project description) (Owner’s contact person) (ti tle)
________________________ $_____________ _________________ _________________________
(project completion date) (contract value) (phone) (email)
Company: ___________________________________________________________________
Signature: __________________________________________________ Date: _________
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FORM 6 - TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended Cost
1.
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non -responsive.
Company: __________________________________________________________________________
Signature: __________________________________________________ Date: ________________
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FORM 7 - BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we _____________________________
__________________________ (herein after called the Principal) and
____________________________________________, (herein called the Surety), a corporation chartered and
existing under the laws of the State of _____________ with its principal offices in the city of ____________________
and authorized to do business in the State of ______________________ are held and firmly bound unto the
__________________________________________________ (hereinafter called the Owner), in the fu ll and just sum
of ____________________________________________ dollars ($_________________) 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.
20-7751 IMMOKALEE SIDEWALKS PHASE II PROJECT.
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 faithful 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 bonds, and deliver to Owner the required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $______________ 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 full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this
______ day of ________________, 2020.
Principal
BY (Seal)
Surety
(Seal)
Countersigned
Appointed Producing Agent for
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FORM 8 - INSURANCE AND BONDING REQUIREMENTS
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 FORM 8 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 se parate 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 solicitat ion 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 an d all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Ve ndor 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 (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 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 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 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.
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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
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$__1,000,000__ single limit per occurrence
3. Commercial General
Liability (Occurrence
Form) patterned after the
current ISO form
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 Contractor/Vendor in the performance of this Agreement.
5. Automobile Liability $___1,000,000___ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $ ___________ Per claim & in the aggregate
Project Professional Liability $__________ Per Occurrence
Valuable Papers Insurance $__________ Per Occurrence
Cyber Liability $__________ Per Occurrence
Technology Errors & Omissions $__________ Per Occurrence
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Packet Pg. 191 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed
contract 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 East, Naples, FL 34112
13. Thirty (30) Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder’s Risk Insur ance will be addressed by the Collier
County Risk Management Division.
4/23/20 - CC
______________________________________________________________________________________________
Vendor’s Insurance Acceptance
By submission of the bid Vendor accepts and understands 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.
16.B.1.b
Packet Pg. 192 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
FORM 9 - CONFLICT OF INTEREST AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County
project identified above (e.g., writing a procurement’s statement of work, specifications, or performing
systems engineering and technical direction for the procurement) which appears to skew the competition in
favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals / past performance of itself or a competitor, which calls into
question the contractor’s ability to render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-
public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best
of their knowledge and belief, all relevant facts concerning pa st, 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.
_____________________________________
Company Name
_____________________________________
Signature
______________________________________________
Print Name and Title
State of ___________________
County of _________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization,
this ______ day of ____________ (month), (year), by (name
of person acknowledging).
_________________________________________
(Signature of Notary Public - State of Florida)
___________________________________________________
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
______________________________________
Type of Identification Produced
16.B.1.b
Packet Pg. 193 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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 hereby
declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods
and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on thi s _____ day of _____________, 20__ in
the County of _______________, in the State of _____________.
Firm’s Legal
Name:
Address:
City, State, Zip
Code:
Florida
Certificate of
Authority
Document
Number
Federal Tax
Identification
Number
*CCR # or
CAGE Code
*Only if Grant
Funded
__________________________________________________________________________
Telephone:
Email:
Signature by:
(Typed and
written)
Title:
16.B.1.b
Packet Pg. 194 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Additional Contact Information
Send payments to:
(required if different
from above)
Company name used as payee
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:
16.B.1.b
Packet Pg. 195 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
FORM 11 - IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. 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 which will be produced at the time of the submission of the Vendor’s
bid or within five (5) day of the County’s Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S
PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are 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 Admi nistration at the time
of submission of the Vendor’s bid.
_____________________________________
Company Name
_____________________________________
Signature
_____________________________________
Print Name and Title
State of ___________________
County of _________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization,
this ______ day of ____________ (month), (year), by (name
of person acknowledging).
_________________________________________
(Signature of Notary Public - State of Florida)
__________________________________________________________
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
______________________________________
Type of Identification Produced
16.B.1.b
Packet Pg. 196 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
FORM 12 - BIDDERS CHECKLIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed and accepted in BidSync:
a. Construction bid instructions form
b. Construction services agreement
c. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
a. Bid Form (Form 1)
b. Contractors Key Personnel (Form 2)
c. Material Manufacturers (Form 3)
d. List of Major Subcontractors (Form 4)
e. Statement of Experience (Form 5)
f. Trench Safety Act (Form 6)
g. Bid Bond Form (Form 7)
h. Insurance and Bonding Requirements (Form 8)
i. Conflict of Interest Affidavit (Form 9)
j. Vendor Declaration Statement (Form 10)
k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your
submittal or you MAY be DEEMED NON-RESPONSIVE
l. Signed Grants Provisions and Assurances Package in its entirety, if applicable, are executed and
should be included with your submittal. All forms must be executed, or you MAY be DEEMED
NON-RESPONSIVE
9. Copies of required information have been attached
a. Business tax Receipt (Collier County Businesses Only)
b. Company’s E-Verify profile page or memorandum of understanding
c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org)
d. Any required professional licenses – valid and current (myfloridalicense.com)
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier’s check has been
submitted.
11. Any addenda have been signed and acknowledgement form attached and included, or you MAY be
DEEMED NON-RESPONSIVE.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise
the Bid cannot be considered.
16.B.1.b
Packet Pg. 197 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT***
EXHIBIT B-1: PUBLIC PAYMENT BOND
IMMOKALEE SIDEWALKS PHASE II PROJECT
Bond No.
Contract No. 20-7751
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 _______________ 2020, with
Obligee for ____________________________________ in _______________________ accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the
Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless
of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of
______________ 2020, the name of each party being affixed and these presents duly signed by its
under-signed representative, pursuant to authority of its governing body.
16.B.1.b
Packet Pg. 198 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _____day of ___________ 2020, by
____________________________, as __________________________ of
_________________________________, a ___________ corporation, on behalf of the corporation. He/she
is personally known to me OR has produced_____________ as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
16.B.1.b
Packet Pg. 199 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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 ___________________, 2020, by
_______________________________________, as ___________________________ of
____________________________________ Surety, on behalf of Surety. He/She is personally known to
me OR has produced _______________________________________ as identification and who did (did
not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
16.B.1.b
Packet Pg. 200 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT***
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
IMMOKALEE SIDEWALKS PHASE II PROJECT
Bond No.
Contract No. 20-7751
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
__________________________________, 2020, 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 specifi cations
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
_______________, 2020, the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
16.B.1.b
Packet Pg. 201 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ____ day of ______________, 2020, by
___________________________________________, as _____________________________ of
_________________________________, a ______________________ corporation, on behalf of the
corporation. He/she is personally known to me OR has produced __________________________
______________________ as identification and did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
16.B.1.b
Packet Pg. 202 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
ATTEST: SURETY:
(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 ______________, 2020, 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.B.1.b
Packet Pg. 203 Attachment: 20-7751 Solicitation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
PM: Christie Betancourt
PS: Barbara Lance
Bid Tabulation
ITB 20-7751
Immokalee Sidewalk Improvements Phase II
Number of Bids Sent: 29,700
Number of Bids Viewed: 105
Number of Bids Received: 6
No Bid: 2
Bid Due Date: June 9, 2020
1 MOBILIZATION (Not to Exceed 10% of Total of Items)LS 1 $65,000.00 65,000.00$ $49,087.00 49,087.00$ $65,000.00 65,000.00$ $50,000.00 50,000.00$ $82,000.00 82,000.00$ $60,023.33 60,023.33$ $100,000.00 100,000.00$ -$ -$ $72,000.00 72,000.00$
2 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 $16,521.00 16,521.00$ $44,046.00 44,046.00$ $17,500.00 17,500.00$ $15,295.50 15,295.50$ $26,000.00 26,000.00$ $15,575.00 15,575.00$ $16,000.00 16,000.00$ -$ -$ $22,000.00 22,000.00$
3 MAINTENANCE OF TRAFFIC LS 1 $16,500.00 16,500.00$ $22,314.00 22,314.00$ $17,500.00 17,500.00$ $9,279.90 9,279.90$ $16,000.00 16,000.00$ $48,800.00 48,800.00$ $40,000.00 40,000.00$ -$ -$ $30,000.00 30,000.00$
4 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE CY 350 $40.00 14,000.00$ $72.40 25,340.00$ $40.00 14,000.00$ $20.00 7,000.00$ $25.00 8,750.00$ $30.00 10,500.00$ $40.00 14,000.00$ -$ -$ $35.00 12,250.00$
5 PRECONSTRUCTION VIDEO OF PROJECT LIMITS LS 1 $4,500.00 4,500.00$ $4,265.00 4,265.00$ $5,500.00 5,500.00$ $400.00 400.00$ $500.00 500.00$ $3,500.00 3,500.00$ $5,000.00 5,000.00$ -$ -$ $3,500.00 3,500.00$
6 EROSION CONTROL LS 1 $8,000.00 8,000.00$ $12,348.00 12,348.00$ $8,500.00 8,500.00$ $4,480.10 4,480.10$ $10,000.00 10,000.00$ $3.85 3.85$ $10,000.00 10,000.00$ -$ -$ $10,500.00 10,500.00$
7 CLEARING AND GRUBBING (2.58 AC)LS 1 $19,000.00 19,000.00$ $41,870.00 41,870.00$ $19,500.00 19,500.00$ $6,362.71 6,362.71$ $36,370.00 36,370.00$ $111,935.00 111,935.00$ $35,000.00 35,000.00$ -$ -$ $32,000.00 32,000.00$
8 REMOVAL OF CONCRETE PAVEMENT SY 326 $25.00 8,150.00$ $18.00 5,868.00$ $25.00 8,150.00$ $50.75 16,544.50$ $27.00 8,802.00$ $6.90 2,249.40$ $30.00 9,780.00$ -$ -$ $25.00 8,150.00$
9 MAILBOX (RELOCATE)EA 8 $200.00 1,600.00$ $265.00 2,120.00$ $300.00 2,400.00$ $168.26 1,346.08$ $175.00 1,400.00$ $200.00 1,600.00$ $4,000.00 32,000.00$ -$ -$ $200.00 1,600.00$
10 DITCH GRADING LS 1 $24,500.00 24,500.00$ $32,015.00 32,015.00$ $24,500.00 24,500.00$ $6,660.15 6,660.15$ $15,000.00 15,000.00$ $2,500.00 2,500.00$ $50,000.00 50,000.00$ -$ -$ $32,000.00 32,000.00$
11 ROAD AND TRENCH RESTORATION LF 94 $145.00 13,630.00$ $172.00 16,168.00$ $165.00 15,510.00$ $241.15 22,668.10$ $150.00 14,100.00$ $165.00 15,510.00$ $80.00 7,520.00$ -$ -$ $115.00 10,810.00$
12 CLASS I CONCRETE (DRIVEWAYS)(6" THICK)SY 874 $42.00 36,708.00$ $41.00 35,834.00$ $43.00 37,582.00$ $93.51 81,727.74$ $60.00 52,440.00$ $52.80 46,147.20$ $90.00 78,660.00$ -$ -$ $42.00 36,708.00$
13 CLASS I CONCRETE (ENDWALLS)CY 6.33 $1,200.00 7,596.00$ $1,335.00 8,450.55$ $1,200.00 7,596.00$ $828.51 5,244.47$ $700.00 4,431.00$ $824.00 5,215.92$ $2,300.00 14,559.00$ -$ -$ $1,600.00 10,128.00$
14 INLETS (DITCH BOTTOM TYPE C)(<10')EA 37 $2,750.00 101,750.00$ $1,460.00 54,020.00$ $2,900.00 107,300.00$ $2,509.93 92,867.41$ $3,000.00 111,000.00$ $1,563.00 57,831.00$ $2,300.00 85,100.00$ -$ -$ $2,000.00 74,000.00$
15 INLETS (DITCH BOTTOM TYPE C)(MODIFY 3:1)(<10')EA 10 $2,900.00 29,000.00$ $1,797.00 17,970.00$ $3,000.00 30,000.00$ $3,214.07 32,140.70$ $3,500.00 35,000.00$ $2,745.00 27,450.00$ $3,500.00 35,000.00$ -$ -$ $2,400.00 24,000.00$
16 INLETS (DITCH BOTTOM TYPE E)(<10')EA 1 $3,650.00 3,650.00$ $2,284.45 2,284.45$ $3,650.00 3,650.00$ $4,140.52 4,140.52$ $5,500.00 5,500.00$ $2,879.00 2,879.00$ $4,200.00 4,200.00$ -$ -$ $3,300.00 3,300.00$
17 MANHOLES (P-7) (<10')EA 2 $3,300.00 6,600.00$ $2,143.00 4,286.00$ $3,500.00 7,000.00$ $6,574.85 13,149.70$ $5,900.00 11,800.00$ $1,921.00 3,842.00$ $4,500.00 9,000.00$ -$ -$ $3,200.00 6,400.00$
18 MANHOLES (P-8) (<10')EA 2 $3,300.00 6,600.00$ $2,112.00 4,224.00$ $3,500.00 7,000.00$ $2,363.03 4,726.06$ $5,900.00 11,800.00$ $1,872.00 3,744.00$ $4,500.00 9,000.00$ -$ -$ $3,400.00 6,800.00$
19 MANHOLES (J-7) (<10')EA 2 $3,700.00 7,400.00$ $3,230.00 6,460.00$ $3,800.00 7,600.00$ $6,006.56 12,013.12$ $5,900.00 11,800.00$ $2,123.00 4,246.00$ $4,500.00 9,000.00$ -$ -$ $5,300.00 10,600.00$
20 MODIFY/RAISE EXISTING E-TYPE INLET EA 1 $2,200.00 2,200.00$ $1,890.00 1,890.00$ $2,200.00 2,200.00$ $3,438.03 3,438.03$ $2,000.00 2,000.00$ $4,500.00 4,500.00$ $1,200.00 1,200.00$ -$ -$ $3,000.00 3,000.00$
21 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(18")LF 1,520 $68.00 103,360.00$ $63.25 96,140.00$ $70.00 106,400.00$ $71.90 109,288.00$ $62.00 94,240.00$ $61.65 93,708.00$ $72.00 109,440.00$ -$ -$ $80.00 121,600.00$
22 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(24")LF 269 $90.00 24,210.00$ $78.00 20,982.00$ $95.00 25,555.00$ $109.20 29,374.80$ $95.00 25,555.00$ $90.60 24,371.40$ $100.00 26,900.00$ -$ -$ $100.00 26,900.00$
23 PIPE CULVERT (CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(42")LF 30 $255.00 7,650.00$ $159.00 4,770.00$ $255.00 7,650.00$ $201.58 6,047.40$ $120.00 3,600.00$ $198.65 5,959.50$ $300.00 9,000.00$ -$ -$ $160.00 4,800.00$
24 CONCRETE BRICK PAVERS SY 34 $105.00 3,570.00$ $112.50 3,825.00$ $115.00 3,910.00$ $149.93 5,097.62$ $150.00 5,100.00$ $25.00 850.00$ $125.00 4,250.00$ -$ -$ $85.00 2,890.00$
25 CONCRETE SIDEWALK, 6" THICK SY 2,121 $42.00 89,082.00$ $42.00 89,082.00$ $43.00 91,203.00$ $65.27 138,437.67$ $60.00 127,260.00$ $43.30 91,839.30$ $80.00 169,680.00$ -$ -$ $42.00 89,082.00$
26 DETECTABLE WARNING STRIPS (Cast Into Concrete Sidewalk)EA 13 $350.00 4,550.00$ $657.00 8,541.00$ $450.00 5,850.00$ $523.15 6,800.95$ $40.00 520.00$ $275.00 3,575.00$ $500.00 6,500.00$ -$ -$ $400.00 5,200.00$
27 PERFORMANCE TURF (BAHIA SOD)(INCLUDES WATER, FERTILIZER & MOWING)SY 4,750 $3.10 14,725.00$ $4.22 20,045.00$ $3.15 14,962.50$ $3.88 18,430.00$ $3.75 17,812.50$ $5.05 23,987.50$ $8.00 38,000.00$ -$ -$ $4.25 20,187.50$
28 PIPE GUIDERAIL (ALUMINUM)LF 125 $110.00 13,750.00$ $151.00 18,875.00$ $115.00 14,375.00$ $66.37 8,296.25$ $50.00 6,250.00$ $150.00 18,750.00$ $120.00 15,000.00$ -$ -$ $55.00 6,875.00$
29 RELOCATE CHAIN LINK FENCE (AS REQUIRED/DIRECTED BY ENGINEER)LF 357 $13.00 4,641.00$ $22.00 7,854.00$ $15.00 5,355.00$ $6.16 2,199.12$ $15.00 5,355.00$ $18.00 6,426.00$ $40.00 14,280.00$ -$ -$ $17.00 6,069.00$
30 SINGLE POST SIGN AS 5 $350.00 1,750.00$ $387.00 1,935.00$ $350.00 1,750.00$ $377.49 1,887.45$ $450.00 2,250.00$ $365.00 1,825.00$ $500.00 2,500.00$ -$ -$ $375.00 1,875.00$
31 SINGLE POST SIGN (RELOCATE)EA 4 $250.00 1,000.00$ $136.00 544.00$ $250.00 1,000.00$ $87.11 348.44$ $175.00 700.00$ $84.00 336.00$ $400.00 1,600.00$ -$ -$ $250.00 1,000.00$
32 RETRO-REFLECTIVE PAVEMENT MARKERS EA 36 $10.00 360.00$ $4.00 144.00$ $10.00 360.00$ $3.48 125.28$ $30.00 1,080.00$ $5.60 201.60$ $15.00 540.00$ -$ -$ $18.00 648.00$
33 THERMOPLASTIC (STANDARD)(WHITE)(SOLID)(12")LF 595 $3.00 1,785.00$ $4.00 2,380.00$ $4.00 2,380.00$ $4.07 2,421.65$ $12.00 7,140.00$ $2.80 1,666.00$ $5.00 2,975.00$ -$ -$ $10.00 5,950.00$
34 THERMOPLASTIC (STANDARD)(WHITE)(SOLID)(24")LF 422 $7.00 2,954.00$ $5.00 2,110.00$ $8.00 3,376.00$ $4.94 2,084.68$ $20.00 8,440.00$ $5.60 2,363.20$ $9.00 3,798.00$ -$ -$ $15.00 6,330.00$
35 THERMOPLASTIC (STANDARD)(YELLOW)(SOLID)(6")LF 638 $3.00 1,914.00$ $1.50 957.00$ $3.00 1,914.00$ $1.16 740.08$ $8.00 5,104.00$ $1.15 733.70$ $4.00 2,552.00$ -$ -$ $7.50 4,785.00$
36 OWNER ALLOWANCE - ROADWAY ALLOWANCE T&M 1 $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ -$ -$ $30,000.00 30,000.00$
37 OWNER ALLOWANCE - DRAINAGE ALLOWANCE T&M 1 $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ $30,000.00 30,000.00$ -$ -$ $30,000.00 30,000.00$
SUB-TOTAL:728,206.00$ SUB-TOTAL:729,044.00$ SUB-TOTAL:754,028.50$ SUB-TOTAL:781,064.18$ SUB-TOTAL:835,099.50$ SUB-TOTAL:764,643.90$ SUB-TOTAL:1,032,034.00$ SUB-TOTAL:-$ SUB-TOTAL:-$ SUB-TOTAL:773,937.50$
38 6 " PVC C-900 DR-18 WATERMAIN LF 637 $35.00 22,295.00$ $30.00 19,110.00$ $37.00 23,569.00$ $23.76 15,135.12$ $25.00 15,925.00$ $65.25 41,564.25$ $48.00 30,576.00$ -$ -$ $100.00 63,700.00$
39 REMOVE/DISPOSE 6" ASBESTOS WATERMAIN LF 651 $25.00 16,275.00$ $11.00 7,161.00$ $25.00 16,275.00$ $17.82 11,600.82$ $15.00 9,765.00$ $35.00 22,785.00$ $20.00 13,020.00$ -$ -$ $25.00 16,275.00$
40 RELOCATE FIRE HYDRANT ASSEMBLY EA 1 $2,000.00 2,000.00$ $1,981.00 1,981.00$ $2,250.00 2,250.00$ $2,981.00 2,981.00$ $1,500.00 1,500.00$ $3,417.75 3,417.75$ $2,000.00 2,000.00$ -$ -$ $750.00 750.00$
41 ADJUST WATERMAIN VALVE TO GRADE EA 2 $550.00 1,100.00$ $265.00 530.00$ $550.00 1,100.00$ $401.50 803.00$ $250.00 500.00$ $650.00 1,300.00$ $450.00 900.00$ -$ -$ $850.00 1,700.00$
42 RELOCATE WATER METER EA 13 $750.00 9,750.00$ $482.00 6,266.00$ $850.00 11,050.00$ $698.50 9,080.50$ $400.00 5,200.00$ $1,185.00 15,405.00$ $750.00 9,750.00$ -$ -$ $600.00 7,800.00$
43 ADJUST WATER SERVICE EA 12 $550.00 6,600.00$ $787.00 9,444.00$ $550.00 6,600.00$ $396.00 4,752.00$ $500.00 6,000.00$ $1,477.80 17,733.60$ $1,500.00 18,000.00$ -$ -$ $300.00 3,600.00$
44 CONNECT WATER SERVICE TO WATERMAIN EA 2 $1,500.00 3,000.00$ $1,675.00 3,350.00$ $1,500.00 3,000.00$ $894.30 1,788.60$ $500.00 1,000.00$ $3,030.00 6,060.00$ $1,500.00 3,000.00$ -$ -$ $500.00 1,000.00$
45 6" WATERMAIN DEFLECTION EA 3 $2,000.00 6,000.00$ $3,341.00 10,023.00$ $2,250.00 6,750.00$ $3,168.00 9,504.00$ $5,000.00 15,000.00$ $2,019.00 6,057.00$ $2,500.00 7,500.00$ -$ -$ $11,000.00 33,000.00$
46 6" GATE VALVE EA 1 $1,450.00 1,450.00$ $1,225.00 1,225.00$ $1,450.00 1,450.00$ $1,531.20 1,531.20$ $1,500.00 1,500.00$ $3,208.50 3,208.50$ $2,600.00 2,600.00$ -$ -$ $1,600.00 1,600.00$
47 CONCRETE ENCASEMENT OF EXISTING 6" WATERMAIN LF 65 $12.00 780.00$ $48.00 3,120.00$ $12.00 780.00$ $56.65 3,682.25$ $25.00 1,625.00$ $105.00 6,825.00$ $80.00 5,200.00$ -$ -$ $55.00 3,575.00$
48 ADJUST SANITARY SEWER LATERAL EA 14 $450.00 6,300.00$ $893.00 12,502.00$ $450.00 6,300.00$ $651.75 9,124.50$ $500.00 7,000.00$ $2,000.00 28,000.00$ $800.00 11,200.00$ -$ -$ $1,200.00 16,800.00$
49 OWNER ALLOWANCE - UTILITY ALLOWANCE T&M 1 $18,000.00 18,000.00$ $18,000.00 18,000.00$ $18,000.00 18,000.00$ $18,000.00 18,000.00$ $18,000.00 18,000.00$ $18,000.00 18,000.00$ $18,000.00 18,000.00$ -$ -$ $18,000.00 18,000.00$
SUB-TOTAL:93,550.00$ SUB-TOTAL:92,712.00$ SUB-TOTAL:97,124.00$ SUB-TOTAL:87,982.99$ SUB-TOTAL:83,015.00$ SUB-TOTAL:170,356.10$ SUB-TOTAL:121,746.00$ SUB-TOTAL:-$ SUB-TOTAL:-$ SUB-TOTAL:167,800.00$
PROJECT TOTAL:821,756.00$ 821,756.00$ 851,152.50$ 869,047.17$ 918,114.50$ 935,000.00$ 1,153,780.00$ -$ -$ 941,737.50$
Completed Bid Forms:
Bid Schedule
Bid Response Form (Form 1)
Contractors Key Personnel Assigned to the Project (Form 2)
Material Manufacturers (Form 3)
List of Major Subcontractors (Form 4)
Statement of Experience of Bidder (Form 5)
Trench Safety Act Acknowledgement (Form 6)
Bid Bond (Form 7)
Insurance and Bonding Requirements (Form 8)
Conflict of Interest Affidavit (Form 9)
Vendor Declaration Statement (Form 10)
Immigration Affidavit Certification (Form 11)
Grants Pkg
Bidders Checklist (Form 12)
Addendums (4)
E-Verify
SunBiz
License
Section 3 Business Status - Certification
*Deemed Minor Irregularity.
Opened By: Barbara Lance 6-9-20 Documents obtained.
Witnessed By: Jim Flanagan 6-9-20
Engineer's Estimate
UNIT COST TOTAL COST
Yes
Douglas N. Higgins Inc.Marquee Development, Inc.Pavement Maintenance LLC
Yes
Yes
Yes
Yes Yes YesYesYesYes
Yes
Yes
AF USA Construction Corp
UNIT COST TOTAL COST
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
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Andrew Sitework LLC
Coastal Concrete Products
LLC dba Coastal Site
Development
TOTAL COST TOTAL COSTTOTAL COST
Yes
Yes
“Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part
of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of
Time and Materials supporting the change.”
TOTAL COSTUNIT COSTUNIT COST
Yes
Yes
Yes
UNIT COST UNIT COSTITEM
NO.DESCRIPTION UNIT QTY
Pavement Maintenance LLCMarquee Development, Inc.Andrew Sitework LLC
Coastal Concrete Products
LLC dba Coastal Site
Development
Thomas Marine
Construction, Inc.Walker Contracting Group
UNIT COST TOTAL COST UNIT COST TOTAL COST
Douglas N. Higgins Inc.
N/A N/A
Thomas Marine
Construction, Inc.
NO BID NO BID
UNIT COST TOTAL COST
* Section 3 Business Match
*Coastal Concrete Products
LLC dba Coastal Site
Development
UNIT COST TOTAL COST
N/A Yes N/A N/A
1 of 1
16.B.1.c
Packet Pg. 204 Attachment: 20-7751 - Imm Sidewalk Phase II Bid Tabulation (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Page 1 of 2
K:\2018\18-0016 Immokalee Sidewalks - Phase 2\Engineering\Bidding\Coastal Concrete Bid Submission\DELORA\DELORA.docx
July 6, 2020
Via email to Barbara.Lance@colliercountyfl.gov
Barbara Lance, Procurement Strategist
Collier County Procurement Services Division
3295 Tamiami Trail East, Building C-2
Naples, FL 34112
Re: Design Entity’s Letter of Review and Acknowledgement (“DELORA”)
Solicitation #20-7751 Immokalee Sidewalks Phase II Project
Dear Ms. Lance:
Bids were received for the above-referenced project by Collier County on June 9, 2020. The
purpose of the project is the construction of a 6-ft wide concrete sidewalk along both sides of
Carver Street from South 5th Street to South 1st Street and along the east side of South 5th Street
from Carver Street to West Delaware Avenue. To accommodate the sidewalk construction, new
driveway aprons, utilities relocations, underground drainage pipe and drainage structures were
included.
The following six contractors submitted bids for consideration:
• Andrew Site Work, LLC
• Coastal Concrete Products, LLC, dba Coastal Site Development
• Douglas N. Higgins, Inc.
• Marquee Development, Inc.
• Pavement Maintenance, LLC
• Thomas Marine Construction, Inc.
Upon review of the bids, it was determined by Collier County that all bids were considered responsive.
The apparent low bidder, as verified by the completed Bid Tabulation, was Andrew Site Work, LLC
with a bid of $821,756.00. However, the Grant Certifications and Assurances portion of the Bid
Solicitation gives preference to a Section 3 Business. A responsive bidder that meets the requirements
of a Section 3 Business is given the “Right to Match” if they are within 10% of the low bidder. Coastal
Concrete Products, LLC, dba Coastal Site Development, with an initial bid of $851,152.50, is classified
as a Section 3 Business and was within 10% of the low bidder. Coastal Concrete Products, LLC, dba
Coastal Site Development, agreed to match the original low bid from Andrew Site Work, LLC and is
now considered the low bidder. The bid appears to be complete and consistent with the intent of the
technical specifications. The low bid is approximately 13% lower than the Engineer’s Opinion of
16.B.1.d
Packet Pg. 205 Attachment: 20-7751 DELORA (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Page 2 of 2
K:\2018\18-0016 Immokalee Sidewalks - Phase 2\Engineering\Bidding\Coastal Concrete Bid Submission\DELORA\DELORA.docx
Probable Cost. The average of the six bids was approximately 2% lower than the Engineer’s Opinion
of Probable Cost. Recent negative economic activity is the probable cause for the cost variance from
the Engineer’s OPC.
References were provided by Coastal Concrete Products, LLC, dba Coastal Site Development, and the
Vendor Reference Check Logs which were completed by each reference are attached hereto. We were
unable to get a response from one of the references by email and telephone due to that person being
on vacation, which has been noted on that form. The project references provided by Coastal
Concrete Products, LLC, dba Coastal Site Development contain sufficient relevant experience with
similar projects to demonstrate the required successful experience to complete the project. Coastal
Concrete Products, LLC, is registered with the Florida Department of Business and Professional
Regulation as a Certified General Contractor, which registration is current and active, along with the
Fictitious Name Registration for Coastal Site Development. The registration for Coastal Concrete
Products, LLC with the State of Florida, Division of Corporations, is active as well.
The Engineer has worked successfully with Coastal Concrete Products, LLC, dba Coastal Site
Development, on the LASIP Rattlesnake Hammock Road Weir project located in Collier County.
Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs
and their licensing, it appears that they are a qualified firm to conduct the requested work. We, as the
design entity, therefore, recommend that Coastal Concrete Products, LLC, dba Coastal Site
Development be awarded the contract for the Immokalee Sidewalks Phase II Project in the amount of
$821,756.00.
Should there be any questions, please feel free to contact our office.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
Edward F. Tryka, III, P.E.
Vice President, Transportation
EFT/drr
Attachments
16.B.1.d
Packet Pg. 206 Attachment: 20-7751 DELORA (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Notice of Recommended Award
Solicitation: 20-7751 Title: Immokalee Sidewalk Phase II
Due Date and Time: 06/09/2020; 3:00 PM
Bidder:
Company Name City County State Bid Amount Responsive/Responsible
Coastal Concrete Products
LLC dba Coastal Site
Development
Fort Myers Lee FL $821,756.00
($851,152.50
original amount)
(Section 3 Business
Match)
Andrew Sitework, LLC Fort Myers Lee FL $821,756.00 Yes/Yes
Thomas Marine Construction,
Inc.
Fort Myers Lee FL $869,047.17 Yes/Yes
Marquee Development, Inc. Tampa Hillsborough FL $918,114.50 Yes/Yes
Pavement Maintenance LLC Fort Myers Lee FL $935,000.00 Yes/Yes
Douglas N. Higgins Inc. Naples Collier FL $1,153,780.00 Yes/Yes
Walker Contracting Group No Bid
AF USA Construction Corp No Bid
Utilized Local Vendor Preference: Yes No
Recommended Vendor(s) For Award:
On May 4, 2020, the Procurement Services Division released Invitation to Bid #20-7751, a grant funded project,
to twenty-nine thousand seven hundred (29,700) vendors for the “Immokalee Sidewalk Phase II” project. One
hundred five (105) bid packages were viewed, and six (6) submittals were received by the June 9, 2020 deadline,
along with two (2) No-Bids.
Staff reviewed the bidders’ submittals and found all six (6) bidders to be responsive and responsible. The
solicitation grant package provides an opportunity for a bidder to submit an Affidavit for Certification for
Claiming Status as a Section 3 Business, which states, “When a qualified and responsive, non-Section 3 business
submits the lowest price bid, and the bid submitted by one or more qualified and responsive Section 3 Business
is within ten percent (10%) of the price submitted by the non-Section 3 business, then the Section 3 Business
with the apparent lowest bid offer (i.e. the lowest Section 3 bidder) shall have the opportunity to submit, an
offer to match the price(s) offered by the overall lowest, qualified and responsive bidder.”
The lowest bidder, Andrew Sitework, LLC is not a Section 3 Business, while Coastal Concrete Products LLC dba
Coastal Site Development the second lowest bidder is and provided certification as a “Section 3 Business”.
Coastal Concrete Products LLC dba Coastal Site Development agreed to match the lowest bidder (Andrew
Sitework, LLC) of $821,756.00, as permissible per the Affidavit for Certification for Claiming Status as a Section
3 Business, award shall be made to the Section 3 Business.
Staff recommends awarding to: Coastal Concrete Products LLC dba Coastal Site Development.
DocuSign Envelope ID: 8947104B-3998-4A86-82AE-3EEFFB13A3EF
16.B.1.e
Packet Pg. 207 Attachment: 20-7751 NORA (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
Required Signatures
Project Manager: Christie Betancourt
Procurement Strategist: Barbara Lance
Procurement Services Director:
__________________________________ _________________
Sandra Herrera Date
DocuSign Envelope ID: 8947104B-3998-4A86-82AE-3EEFFB13A3EF
7/7/2020
7/7/2020
7/7/2020
16.B.1.e
Packet Pg. 208 Attachment: 20-7751 NORA (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.fPacket Pg. 209Attachment: Executed Second Amendment - June 25, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.fPacket Pg. 210Attachment: Executed Second Amendment - June 25, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.fPacket Pg. 211Attachment: Executed Second Amendment - June 25, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.fPacket Pg. 212Attachment: Executed Second Amendment - June 25, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 213 Attachment: Executed First Amendment - March 26, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 214 Attachment: Executed First Amendment - March 26, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 216 Attachment: Executed First Amendment - March 26, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 217 Attachment: Executed First Amendment - March 26, 2019 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 218 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 219 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 247 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 248 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
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Packet Pg. 249 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 250 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 251 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 252 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 253 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 254 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 255 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)
16.B.1.h
Packet Pg. 256 Attachment: Executed Agreement - September 11, 2018 (12972 : Award ITB #20-7751 Immokalee Sidewalks Phase II Project)