Agenda 09/13/2022 Item #11C (ITB #22-7981 OneSource Construction Company)09/13/2022
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) No. 22-7981, North County Regional Water
Treatment Plant Storage Building (Project No. 70136), to OneSource Construction Company &
Builders, Inc., in the amount of $1,242,797, and to authorize the Chairman to sign the attached
Agreement.
OBJECTIVE: To provide a secure, code compliant facility housing parts, equipment, inventory, and
tools used in the operations and maintenance of the North County Regional Water Treatment Plant
(NCRWTP).
CONSIDERATIONS: The NCRWTP was constructed in 1992 with a potable water plant capacity of 12
million gallons per day (MGD) utilizing nanofiltration (NF) technology as the treatment process. In 1999, an
additional 8 MGD of potable water plant capacity was added utilizing low pressure reverse osmosis (RO)
technology as the treatment process due to the higher chloride levels of the supplying raw water wells.
This item is part of the overall Capital Improvement Plan, master planning, and asset management for
continued operations of the NCRWTP. Over the past decades, through expansion and continued master
planning, the proposed storage building was programmed. The proposed building was planned to provide
current and future storage needs at the facility including but not limited to current open air storage and
existing storage within a TedShed (circa early 2000’s) that has been onsite for decades which has degraded
and in need of replacement. The proposed building will meet current regulatory requirements, house
equipment and supplies needed for continued routine maintenance onsite for the regional water plant
providing continued reliability into the future for the facility. The project further provides enhanced
stormwater management facilities and additional parking needed within the facility.
The scope of this project provides for the construction of a new 5,000 square foot pre-engineered steel
building to be used for storage of critical parts, equipment, inventory, and tools required for the operation
and maintenance of the treatment plant.
Currently, critical parts vital to plant operations are stored in an undersized wood frame structure that no
longer complies with the current building code or are located exterior to the plant and exposed to the
elements that negatively impacts the life span of the asset. Additionally, over the years, plant staff has
retained numerous pumps, motors, and associated equipment from replacement projects to provide an
interim mission critical level of readiness in case of emergency infrastructure failure. Because plant storage
space is so limited, plant staff must routinely relocate stored materials to enable plant operations or
accommodate temporary storage of replacement inventory critical to plant processes. The proposed storage
building will provide a secure, code compliant facility that will house an estimated $750,000 of parts,
equipment, inventory and tools and free up plant space resulting in enhanced efficiency and eliminating the
need to constantly move material from one location to another.
On April 12, 2022, the Procurement Services Division issued ITB No. 22-7981 NCRWTP Storage Building
and on May 20, 2022, the County received three (3) bids, as summarized below.
Staff reviewed the bids received. Three bids were found to be responsive and responsible. Staff determined
that OneSource Construction & Builders, Inc. is the lowest responsive and responsible bidder. OneSource
Construction & Builders, Inc has been doing business in Florida since 2006 and has a main office in Fort
Myers, Lee County, Florida. OneSource Construction & Builders, Inc has been doing business with Collier
County since 2009 and, more recently, completed the Clam Pass Park Restroom expansion and Boardwalk
modifications in 2020. Engineering consultant, Tetra Tech, Inc. determined the low bid is fair and
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reasonable and recommends awarding the contract to OneSource Construction & Builders, Inc. Tetra
Tech, Inc. evaluated OneSource Construction & Builders, Inc.’s references and found them acce ptable to
determine OneSource Construction & Builders, Inc.’s experience on work of a similar magnitude judged
within the last five years, skill, business standing, and its ability to conduct the work as completely and
timely as required under the terms of the Agreement.
RESPONDENTS:
Company Name City County State Bid Amount Responsive/ Responsible
OneSource Construction &
Builders, Inc.
Fort
Myers
Lee FL $1,242,797 Yes/Yes
Waypoint Contracting, Inc. Naples Collier FL $1,739,655 Yes/Yes
Douglas N. Higgins, Inc. Naples Collier FL $1,776,380 Yes/Yes
The low bid is approximately 21 percent lower than the engineer’s opinion of probable cost of
$1,562,500. Tetra Tech, Inc. (Engineer of Record), The Procurement Services Division concluded
bidding was competitive and representative of market conditions. The bid tabulation, engineer’s letter of
recommendation, the Notice of Recommended Award, and agreement are all attached.
The total bid includes an Owner’s Allowance of $140,000 for unforeseen and unanticipated conditions
that may be encountered during construction. If necessary, the use of the allowance funds will be subject
to County approval prior to the execution of any work and will be billed at the appropriate contract price
based on a time and materials basis, consistent with the contract and County Procurement policies.
FISCAL IMPACT: The source of funding is Water User Fees Fund (412). A budget amendment in the
amount of $1,350,000.00 is required to reallocate funds from Project 71066 and Project 70258 into
Project 70136. The budget amendment is necessary to cover the construction ($1,242,797.00), engineer
of record construction administration ($69,203.00), wetlands mitigation credits ($28,000.00), and
permitting fees/builders risk insurance ($10,000.00). The project is expected to be completed in 2023.
There is no change in operating costs.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -RTT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities and to remain in compliance
with all regulatory programs.
RECOMMENDATION: To award ITB No. 22-7981, “North County Regional Water Treatment Plant
Storage Building” (Project No. 70136), to OneSource Construction Company & Builders, Inc., in the
amount of $1,242,797, approve the necessary budget amendment, and authorize the Chairman to sign the
attached Agreement.
Prepared by: Tom Sivert, P.E., Senior Project Manager, Engineering and Project Management Division
ATTACHMENT(S)
1. 22-7981 Bid Tabulation (PDF)
2. 22-7981 - NORA Signed (PDF)
3. 22-7981 DELORA (PDF)
4. 22-7981 One Source Construction COI (PDF)
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5. 22-7981 One Source Consturcition_SignedBondPgs (PDF)
6. [Linked} 22-7981 One Source Construction Agreement_VendorSigned (PDF)
7. Bid Schedule One Source Construction Company (PDF)
8. PowerPoint (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 22727
Item Summary: Recommendation to award Invitation to Bid (ITB) No. 22-7981, North County
Regional Water Treatment Plant Storage Building (Project No. 70136), to OneSource Construction
Company & Builders, Inc., in the amount of $1,242,797, and to authorize the Chairman to sign the
attached Agreement. (Matthew McLean, Public Utilities Engineering Division Director)
Meeting Date: 09/13/2022
Prepared by:
Title: Project Manager, Senior – Public Utilities Planning and Project Management
Name: Tom Sivert
07/11/2022 7:55 AM
Submitted by:
Title: Director – Public Utilities Planning and Project Management
Name: Matthew McLean
07/11/2022 7:55 AM
Approved By:
Review:
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 07/11/2022 8:25 AM
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 07/11/2022 9:12 AM
Water Howard Brogdon Additional Reviewer Completed 07/11/2022 10:34 AM
Capital Project Planning, Impact Fees, and Program Management Leeann Charles Additional Reviewer Completed 07/11/2022 1:40 PM
Procurement Services Catherine Bigelow Additional Reviewer Completed 07/11/2022 2:46 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 07/19/2022 7:31 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 07/21/2022 11:35 AM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 08/08/2022 10:54 AM
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 08/09/2022 4:22 PM
Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 08/10/2022 11:34 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/10/2022 11:46 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/10/2022 3:16 PM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 09/06/2022 2:23 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/06/2022 2:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2022 3:31 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/06/2022 3:32 PM
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County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/07/2022 8:48 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
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Project Manager: Tom Sivert
Procurement Strategist : Leeann Charles
22-7981 North County Regional
Water Treatment Plant(NCRWTP) Storage Building
Bid Tabulation
Notices Issued :36,417
Viewed:100
Bid Response: 3
ITEM
NO.DESCRIPTION EST.
QTY.UNIT UNIT Amount AMOUNT UNIT Amount AMOUNT UNIT Amount AMOUNT UNIT Amount AMOUNT
1 Mobilization/Demobilization 1 LS $25,000.00 $25,000.00 $220,638.00 $220,638.00 $177,000.00 $177,000.00 $60,000.00 $60,000.00
2 Site Clearing 1 LS $45,000.00 $45,000.00 $106,200.00 $106,200.00 $90,000.00 $90,000.00 $50,000.00 $50,000.00
3 Site Grading and Foundation Preparation 1 LS $35,000.00 $35,000.00 $220,800.00 $220,800.00 $60,000.00 $60,000.00 $180,000.00 $180,000.00
4 Stormwater Improvements 1 LS $40,000.00 $40,000.00 $58,300.00 $58,300.00 $180,000.00 $180,000.00 $70,000.00 $70,000.00
5 Pre-Engineered Metal Storage Building 1 LS $717,797.00 $717,797.00 $760,000.00 $760,000.00 $826,380.00 $826,380.00 $850,000.00 $850,000.00
6 HVAC and Mechanical Improvents 1 LS $38,000.00 $38,000.00 $32,748.00 $32,748.00 $58,000.00 $58,000.00 $45,000.00 $45,000.00
7 Electrical Improvements 1 LS $120,000.00 $120,000.00 $113,500.00 $113,500.00 $138,000.00 $138,000.00 $115,000.00 $115,000.00
8 Chain Link Fence 1 LS $44,000.00 $44,000.00 $40,051.00 $40,051.00 $42,000.00 $42,000.00 $15,000.00 $15,000.00
9 Asphalt Pavement 1 LS $25,000.00 $25,000.00 $21,668.00 $21,668.00 $35,000.00 $35,000.00 $30,000.00 $30,000.00
10 Sod and Restoration 1 LS $13,000.00 $13,000.00 $25,750.00 $25,750.00 $30,000.00 $30,000.00 $7,500.00 $7,500.00
$1,102,797.00 $1,599,655.00 $1,636,380.00 $1,422,500.00
11 Owner Directed Allowance* 1 T&M $140,000 $140,000.00 $140,000 $140,000.00 $140,000 $140,000.00 $140,000 $140,000.00
TOTAL BASE BID $1,242,797.00 $1,739,655.00 $1,776,380.00 $1,562,500.00
BID RESPONSE FORMS Yes/No Notes Yes/No Notes Yes/No Notes
Bid Schedule Yes Yes Yes
Bid Response Form (Form 1)Yes Yes Yes
Exhibit N - Contractors Key Personnel (Form 2)Yes Yes Yes
Material Manufacturers (Form 3)Yes Yes Yes
List of Major Subcontractors (Form 4)Yes Yes Yes
Statement of Experience of Bidder (Form 5)Yes Yes Yes
Trench Safety Act Acknowledgement (Form 6)Yes Yes Yes
Bid Bond (Form 7)Yes Yes Yes
Insurance and Bonding Requirements (Form 8)Yes Yes Yes
Conflict of Interest Affidavit (Form 9)Yes Yes Yes
Vendor Declaration Statement (Form 10)Yes Yes Yes
Immigration Affidavit Certification (Form 11)Yes Yes Yes
Bidders Checklist (Form 12)Yes Yes Yes
COPIES OF REQUIRED INFORMATION ATTACHED
Company's E-Verify Profile Page or MOU Yes Yes Yes
Copy of Active Registration with Current FL Divisions of Corporations Yes Yes Yes
Copy of Active applicable License Yes Yes Yes
Copy of Local Business Tax Receipt N/A N/A Yes
W-9 Yes Yes Yes
ACKNOWLEDGEMENT- RECEIPT OF ADDENDUM
Addendums #1-4 Yes No Yes
Place of Business;Lee Collier Collier
County of Business;Collier Collier Collier
Opened by: Leeann Charles
Witnessed by: Barbara Lance
SUBTOTAL
OneSource Construction Company &
Builders, Inc Waypoint Contracting, Inc Engineers EstimateDouglas N. Higgins, Inc
Bid Sheet
DocuSign Envelope ID: 1AD3EAB4-7F76-4946-BE65-177F2A51724E 11.C.a
Packet Pg. 325 Attachment: 22-7981 Bid Tabulation (22727 : NCRWTP Storage Building)
Notice of Recommended Award
Solicitation No.: 22-7981 Title: North County Regional Water Treatment Plant (NCRWTP) Storage Building
Bid Due Date and Time: May 20, 2022, at 3:00 pm
RESPONDENTS:
Company Name City County ST Amount Responsive/
Responsible
OneSource Construction
Company & Builders, Inc
Fort Myers Lee FL $1,242,797.00 Yes/Yes
Waypoint Contracting, Inc Naples Collier FL $1,739,655.00 Yes/Yes
Douglas N. Higgins, Inc Naples Collier FL $1,776,380.00 Yes/Yes
Utilized Local Vendor Preference: Yes No N/A
On April 12, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-7981 North
County Regional Water Treatment Plant (NCRWTP) Storage Building to thirty-six thousand four hundred and
seventeen (36,417) vendors. Vendors viewed one hundred (100) bid packages. The due date was extended for
an additional week, staff performed additional vendor outreach and on May 20, 2022, the County received
three (3) bids as summarized above.
Staff reviewed the bids received. Three bids were deemed responsive and responsible. Staff determined that
OneSource Construction Company & Builders, Inc., is the lowest responsive and responsible bidder.
Staff therefore recommends the contract be awarded to OneSource Construction Company & Builders, Inc.,
the lowest responsive and responsible bidder, for a total contract amount of $1,242,797.00.
Required Signatures
Project Manager: Tom Sivert
Procurement Strategist: Leeann Charles
Procurement Services Director:
________________________________
Sandra Herrera
DocuSign Envelope ID: 1AD3EAB4-7F76-4946-BE65-177F2A51724E
6/3/2022
6/3/2022
6/3/2022
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Packet Pg. 326 Attachment: 22-7981 - NORA Signed (22727 : NCRWTP Storage Building)
Tetra Tech, Inc.
10600 Chevrolet Way, Suite 102, Estero, FL 33928
Tel 239.390.1467 Fax 239.390.1769 www.tetratech.com
Leeann Charles
Procurement Strategist
Collier County Procurement Services
3295 Tamiami Trail East
Naples, FL 34112-5361
May 31, 2022
RE: Design Entity Letter of Recommended Award (DELORA)
Solicitation No. 22-7981
Solicitation Title: North County Regional Water Treatment Plant (NCRWTP) Storage Building
Dear Leeann Charles,
Tetra Tech (EOR) has completed our review of the quotes submitted for the above referenced project and we
are pleased to provide the following award recommendation.
The scope of the North County Regional Water Treatment Plant (NCRWTP) Storage Building project includes
constructing a 50 ft by 100 ft pre-engineered metal building on concrete slab and installing all mechanical and
electrical systems as shown on the drawings and described in the Contract Documents. The project will also
consist of clearing and grubbing, grading the site for the building, driveway, stormwater areas, installing
stormwater pipes and structures, asphalt restoration, installing a new chain link fence, and sod.
Collier County Procurement’s review of the bid tabulations determined that the apparent low bidder is
OneSource Construction Company & Builders, Inc. with a bid of $1,242,797.00. Tetra Tech was provided with
the bid Schedule for OneSource Construction Company & Builders, Inc and their bid is approximately
21% lower than the Engineer’s Opinion of Probable Construction Cost (OPCC) of $1,562,500.
OneSource Construction Company & Builders, Inc. is a commercial construction contractor specializing in
new builds, commercial builds-outs, remodeling, metal structures, and more. They serve clients across the
greater Fort Myers, FL region. Tetra Tech contacted the project references provided by OneSource
Construction Company & Builders, Inc. and we determined the references contain sufficient relevant
experience with similar projects to demonstrate the required successful experience to complete the project. All
the references were contacted and the completed Vendor Reference Check Logs for the responsive references
are attached hereto.
All references that responded to Tetra Tech provided positive feedback on OneSource Construction Company
& Builders, Inc. OneSource Construction Company & Builders, Inc. submitted all the required bid forms and
is the lowest responsive and responsible bidder.
Based on the above information, Tetra Tech recommends OneSource Construction Company & Builders, Inc.
be awarded the NCRWTP Storage Building project in the amount of $1,242,797.00.
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Packet Pg. 327 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)
Tetra Tech, Inc.
10600 Chevrolet Way, Suite 102, Estero, FL 33928
Tel 239.390.1467 Fax 239.390.1769 www.tetratech.com
Please do not hesitate to call me with any questions you may have.
Sincerely,
Tyler Wainright, PE
Project Manager
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Packet Pg. 328 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)Tyler C
Wainright
Digitally signed
by Tyler C
Wainright
Date: 2022.06.01
09:47:14 -04'00'
Appendix H2 – Template - DELORA Vendor Reference Check Log
VENDOR REFERENCE CHECK LOG
Solicitation No.: 22-7981 Reference Check by: Kaylei Kambak
Solicitation Title:
North County Regional Water Treatment Plant
(NCRWTP) Storage Building Date: 5/31/2022
Bidder’s Name: OneSource Construction Company & Builders, Inc. Phone: 636-577-1845
Design Entity: The Board of County Commissioners of Collier County, Florida
REFERENCED PROJECT:
Project Name:
Clam Pass Park Restroom
Expansion and Boardwalk
Modifications Project Location:
465 Seagate Drive, Naples FL
34108
Project Description: New boardwalk, bathroom additions, and modifications
Completion Date: 11/2020 Contract Value: $1,871,210.00
Project Owner/Title: The Board of County Commissioners of Collier County, Florida
Owner’s Address:
3299 Tamiami Trail East, Naples
FL 34112 Phone: 239-243-4829
Owner’s Contact
Person: Michael Cherbini E-Mail: mdcherbini@gmail.com
1.
Was project completed timely and within budget? (If not, provide detail)
Yes.
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
Yes.
3.
Was the construction process performed satisfactorily? (If not, provide detail)
Yes.
4.
Did the process run smoothly? Were there any changes? Describe below.
Yes, there was a reduction of the scope (due to PT lumber prices).
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
Yes.
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
A few but they were handled appropriately.
7.
Additional comments:
None.
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Packet Pg. 329 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)
Appendix H2 – Template - DELORA Vendor Reference Check Log
VENDOR REFERENCE CHECK LOG
Solicitation No.: 22-7981 Reference Check by: Kaylei Kambak
Solicitation Title:
North County Regional Water Treatment Plant
(NCRWTP) Storage Building Date: 5/27/2022
Bidder’s Name: OneSource Construction Company & Builders, Inc. Phone: 636-577-1845
Design Entity: The Board of County Commissioners of Collier County, Florida
REFERENCED PROJECT:
Project Name:
James Stephens International
Academy Pre-K Remodel
Project
Location:
1333 Marsh Avenue, Fort Myers
33905
Project Description: Remodel two existing elementary school buildings into a new Pre-K School
Completion Date: 12/2020 Contract Value: $1,458,148.05
Project Owner/Title: The School Board of Lee County, Florida
Owner’s Address:
2855 Colonial Boulevard, Fort
Myers FL 33919 Phone: 239-479-4245
Owner’s Contact
Person: Stephen Hanna E-Mail: stephenlh@leeschools.net
1.
Was project completed timely and within budget? (If not, provide detail)
Yes.
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
Yes.
3.
Was the construction process performed satisfactorily? (If not, provide detail)
Yes.
4.
Did the process run smoothly? Were there any changes? Describe below.
Yes. There were changes initiated by The School Board of Lee County in the design phase. One was a gate
wasn’t aligned correctly so they had to reconfigure it. I can’t recall the other, but all of the changes were
initiated by The School Board of Lee County and addressed by OneSource.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
Yes.
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
No.
7.
Additional comments:
I have used OneSource for many years, they have completed many projects for The School Board of Lee
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Packet Pg. 330 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)
Appendix H2 – Template - DELORA Vendor Reference Check Log
VENDOR REFERENCE CHECK LOG
Solicitation No.: 22-7981 Reference Check by: Kaylei Kambak
Solicitation Title:
North County Regional Water Treatment Plant
(NCRWTP) Storage Building Date: 5/31/2022
Bidder’s Name: OneSource Construction Company & Builders, Inc. Phone: 636-577-1845
Design Entity: The Board of County Commissioners of Collier County, Florida
REFERENCED PROJECT:
Project Name:
Cayo Costa Restroom Facility
Replacement Project Location:
Cayo Costa State Park, Captiva
FL 33924
Project Description: New restroom facilities with showers
Completion Date: 6/2019 Contract Value: $694,313.00
Project Owner/Title: Florida Department of Environmental Protection
Owner’s Address:
3800 Commonwealth Blvd.,
Tallahassee FL 32303 Phone: 941-248-9090
Owner’s Contact Person: John Goss E-Mail: john.goss@floridadep.gov
1.
Was project completed timely and within budget? (If not, provide detail)
Yes.
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
Yes.
3.
Was the construction process performed satisfactorily? (If not, provide detail)
Yes.
4.
Did the process run smoothly? Were there any changes? Describe below.
The job was completely sufficiently. There were no change orders.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
Yes.
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
Yes, but they were addressed.
7.
Additional comments:
George was the PM but noted that OneSource did well with the paperwork side of things.
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Packet Pg. 331 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)
Appendix H2 – Template - DELORA Vendor Reference Check Log
VENDOR REFERENCE CHECK LOG
Solicitation No.: 22-7981 Reference Check by: Kaylei Kambak
Solicitation Title:
North County Regional Water Treatment Plant
(NCRWTP) Storage Building Date: 5/31/2022
Bidder’s Name: OneSource Construction Company & Builders, Inc. Phone: 636-577-1845
Design Entity: The Board of County Commissioners of Collier County, Florida
REFERENCED PROJECT:
Project Name: Fleet Maintenance Facility
Project
Location:
1800 Paulson Drive, Port Charlotte
FL 33954
Project
Description: Maintenance facility addition
Completion Date: 8/2018 Contract Value: $642,396.30
Project
Owner/Title: Charlotte County
Owner’s Address:
1800 Paulson Drive, Port Charlotte
FL 33954 Phone: 941-623-1009
Owner’s Contact
Person: Gary Burdahl E-Mail: gary.burdahl@charlottecountyfl.gov
1.
Was project completed timely and within budget? (If not, provide detail)
Yes.
2.
Was the submittal/review process performed satisfactorily? (If not, provide detail)
Yes.
3.
Was the construction process performed satisfactorily? (If not, provide detail)
Yes.
4.
Did the process run smoothly? Were there any changes? Describe below.
Several changes but still went smoothly.
5. Was the contract closeout process performed satisfactorily? (If not, provide detail)
Yes.
6.
Any warranty issues since closeout? Were they responded to and performed satisfactorily?
No warranty issues.
7.
Additional comments:
AJ and team took care of business.
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Packet Pg. 332 Attachment: 22-7981 DELORA (22727 : NCRWTP Storage Building)
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Packet Pg. 333 Attachment: 22-7981 One Source Construction COI (22727 : NCRWTP Storage Building)
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11.C.hPacket Pg. 342Attachment: Bid Schedule One Source Construction Company (22727 : NCRWTP Storage Building)
NCRWTP Storage Building
Public Utilities Department
September 13, 2022
Collier County | Florida
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Packet Pg. 343 Attachment: PowerPoint (22727 : NCRWTP Storage Building)
Objectives
u To provide a secure, code compliant facility
housing parts, equipment, inventory and tools
used in the operations and maintenance of the
North County Regional Water Treatment Plant
(NCRWTP).
Public Utilities Department
2
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Project Rendering
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Project Site Plan
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Existing Storage Structure
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Typical Emergency Backup
Parts Storage
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Typical Equipment Exposed to
the Elements
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Results
u Protection from the elements resulting in
extended asset life
u Eliminates the need to constantly move
material from one location to another to
accommodate plant operations or
temporary parts inventory storage.
u Provides a secure, code compliant facility
that will house $750,000 of parts,
equipment, inventory and tools
6Public Utilities Department
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Packet Pg. 350 Attachment: PowerPoint (22727 : NCRWTP Storage Building)
Recommendation
u Award Invitation to Bid No. 7981, North County
Regional Water Treatment Plant Storage Building
(Project No. 70136), to One Source Construction
Company & Builders, Inc., in the amount of
$1,242,797, approve the necessary budget
amendment, and authorize the chair to sign the
attached agreement.
7Public Utilities Department
11.C.i
Packet Pg. 351 Attachment: PowerPoint (22727 : NCRWTP Storage Building)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with OneSource Construction Company & Builders, Inc ("Contractor") of
6325 Presidential Court, Suite 3, Fort Myers, FL 33919, a Florida Profit Corporation, authorized
to do business in the State of Florida, to perform all work ("Work") in connection with North
County Regional Water Treatment Plant (NCRWTP) Storage Building, Invitation to Bid No.
22=7981 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Tetra
Tech, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: One Million Two Hundred Forty -Two Thousand Seven Hundred Ninety -Seven
Dollars ($1,242,797.00).
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and 13-2, 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
Construction Services Agreement: [2022_vec2] �J�
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.
V Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within three hundred and sixty-five (365) 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 Department Administrator or Division 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, Six
Hundred Dollars ($600.00) 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)
ssues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable
estimate of the Owner's actual damages at the time of contracting if Contractor fails to
Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
z fl�fl
Construction Services Agreement: [2022_ver.2j
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 #22-7981 "North County Regional Water
Treatment Plant (NCRWTP) Storage Building".
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 13-1: Payment Bond Forms ❑ Not Applicable
Exhibit B-2: Performance Bond Forms ❑ Not Applicable
Exhibit 13-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
Construction Services Agreement: [2022_ver.2]
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit 1: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation #22=7981 "North County Regional Water Treatment Plant
(NCRWTP) Storage Building". The complete contract documents, including Addendum with
attachments, are available on the County's on-line bidding system:
https://www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated
agreement executed by the parties.
Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
®Exhibit J: Technical Specifications
❑Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by: Tetra Tech, 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 Engineering & Project Management Division
3339 Tamiami Trail East, Suite 303
Naples, Florida 34112-5361
Attn: Tom Sivert, Senior Project Manager
Phone: (239) 252-5376
Email: Tom. SivertcDcolliercountyfl.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:
OneSource Construction Company &Builders, Inc
6325 Presidential Court
Fort Myers, Florida 33919
Attn: George Chauvin, President
Phone: (239) 415-8300
Email: Georgeaone-sourceconstructino.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.
Construction Services Agreement: [2022_ver.2]
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.
Construction Services Agreement: [2022_ver.2] C1
Section 15. Chanae 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.
Remainder of page intentionally left blank
6
Construction Services Agreement: [2022_ver.2] �✓�
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates)
indicated below.
TWO WITNESSES:
FIRST WITNESS
I
SECONDAVITNESS
John I�' Willard, Jr.
Print Name
Date:
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
M
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
OneSource Construction Company &
Builders, Inc
By: -4ze'z�4" dax,
George Chauvin, President
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
AN
William L. McDaniel Jr. , Chairman
t�o
`J
0
7
Construction Services Agreement: [2022_ver.2]
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE1
a
Construction Services Agreement: (2022_vec2] �
Solicitation No:
22-7981
Solicitation Title:
North County Regional Water Treatment
Plant)NCRWTP)
Storage
Building
BID SCHEDULE
BIDDER: OneSource Construction Company & Builders, Inc.
ITEM NO.
( DESCRIPTION
QN
UNIT
UNITAmount
AMOUNT
1
Mobilization/Demobilization
1
LS
$25,000.00
$25,000.00
2
Site Clearing
1
LS
$45,000.00
$45,000.00
3
Site Grading and Foundation Preparation
1
LS
$35,000,00
$35,000.00
4
Stormwater Improvements
1
LS
$40,000,00
$40,000.00
5
Pre -Engineered Metal Storage Building
1
LS
$717,797.00
$717,797.00
6
HVAC and Mechanical lmprovents
1
LS
$38,000,00
$38,000.00
7
Electrical Improvements
1
LS
$120,000,00
$120,000,00
8
Chain Link Fence
1
LS
$44,000.00
$44,000.00
9
Asphalt Pavement
1
LS
$25,000.00
$25,000.00
10
Sod and Restoration
1
LS
$13,000.00
$13,000.00
!I
SUBTOTAL i:'
$1,102,79700
11
Owner Directed Allowance*
1
T&M
$140,000
$140,000.00
TOTAL BASE BID
$1,242,797.00d
* (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."
Bid Sheet 4,}t"�
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
9
Construction Services Agreement: (2022_ver.2]
Co Y T County
Procurement Services Division
Date: May 5, 2022
Email: Leegi1n.Cltarles(gkolIiercouutvl7 I UOV
Telephone: (239) 252-4270
Addendum 1
From: Leeann Charles, Procurement Shategist
To: Interested Bidders
Subject: Addendum tit , 22 -7981 North County Kegional Water Treatment Plant (NCRW'I'P)
Storage Building
T•he following changes are made to the above -mentioned Collier County solicitation:
Change. To upload Pre -Bid Meeting Sign -in Sheets and Recording.
If you require additional information, please post a question on our BidSyuc (www.bidsyno.coi�t) bidding
platform under the solicitation for this project.
Please
(Name of Firm)
�y of this Addendum with yow• submittal for the above
2 t,LC Q 5/20/2022
Date
Builders, Inc.
Ce leY County Email: colliercoitnt fl.7ov
Procurement Services Division Telephone: (239) 252-4270
Addendum 2
Date: May 6, 2022
From: Leeann Charles, Procurement Strategist
To: Interested Bidders
Subject: Addendum 42, 22 -7981 North County Regional Water Treatment Plant (NCRWTP)
Storage Building
The following changes are made to the above -mentioned Collier County solicitation:
Change 1. This Addendum is to extend the bid due date and Q & A deadline:
QUESTION & ANSWER DEADLINE: na � yr :Y 6, 2n2 MAY 13, 2022 AT 5:00 PM
OPENING DAY/DATE/TIME:
rR e v y„r�,�_��.._sa�no� MAY 20, 2022 AT 3:00 PM
If you require additional information, please post a question o❑ our BidSync (�v,bidsync.com) bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
relvivnivu solicitation.
5/20/2022
(Signature) Date
OneSouree Construction Commanv & Builders. Inc.
(Name of Finn)
s
Co ter county
Procurement Services Division
Date: May 6, 2022
Email: Lecannkhades(a7colliercountvfl
Telephone: (239) 252-4270
Addendum 3
From: Leeann Charles, Procurement Strategist
To: Interested Bidders
Subject: Addendum #3, 22 -798I North County Regional Water Treatment Plant (NCRWTP)
Storage Building
The following changes are made to the above -mentioned Collier County solicitation:
Change. To upload Geotechnical Report.
if you require additional information, please post a question on our BidSync ()ywvv.bidsvnacom) bidding
platform under the solicitation for this project.
signature)
JneSource Construction Company Builders, Inc.
flame of Firm)
Co ,er County
Procurement Services Division
Date: May 9, 2022
Email: LcLsnn.C'harles(irlcolliercountyll.cov
Telephone; (239) 252-4270
Addendum 4
From: Leeann Charles, Procurement Strategist
To: Interested Bidders
Subject: Addendum #4, 22 -798I North County Regional Water Treatment Plant (NCRWTP)
Storage Building
Change: To upload documents listed below.
The following changes are made to the above -mentioned Collier County solicitation:
The following changes and clarifications are hereby made a part of the Contract Documents. All
information below shall, as to the matters detailed below, supersede and replace the information
provided in the originally issued Contract Documents as to the matters detailed below:
Plans
1. Architectural Sheets A-001 through A-601 have been revised. All changes have been clouded.
2. Electrical Sheets E-001 through E-502 have been revised. All changes have been clouded.
Specifications
1. Technical Specification Section 09900 Painting and Coating has been added.
2. Technical
Specification Section 10140 Signage
Systems,
10522 Fire
Extinguishers &Accessories, and
13341 Metal
Building Systems have been revised.
Changes
have been
clouded.
If you require additional information, please post a question on our BidSyne (www_�ids�u,com) bidding
platform under the solicitation for this project.
and ireturn a cop of this. Addendum with your submi
al for the above
5/20/2022
Date
FORM I = BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
North County Regional Water Treatment Plant (NCRWTP) Storage Building
BID N0.22-7981
Full Name of Bidder OneSource Construction Company &Builders Inc
Main Business Address 6325 Presidential Court Fort Myers Florida 33919
Place of Business 6325 Presidential Court, Fort Myers Florida 33919
Telephone No. (239) 415-8300 Fax No. (239) 415-8304
State Contractor's License # CGC 1512749
State of Florida Certificate of Authority Document Number P0600013951 t
Federal Tax Identification Number 26-1805881
DUNS # 13m m.3 CCR# 33528 Cage Code 57QQ3
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 cm poration; that it has carefully
examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points
are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division
staff.
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,
he 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
Construction Solicitation Doc rev 02-21-20 ��'
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents it 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 ofthe signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within Three hundred and sixty-
rive (365) 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
/r
Signature:
Title: President
Date: May 20, 2022
Construction Solicitation Doc rev 02-21-20 ��4J
FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
North County Regional Water Treatment Plant (NCRWTPI Storage Building
Name
Jacic Willard
George Chauvin
Carla Kramer
Bid No. 22-7981
Personnel Cate�ory
Construction Superintendent
Project Manager
Contract Administrator
Construction Solicitation Doc rev 02-21-20
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 2535.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my flrnt, 1 confirm that we will use all manufacturers and materials as specifically outlined In
the Bid specifications.
Company:
Signature:
Ones ce Construction t f Ftn &,�u+lders lnc
Date: 5/20/2022
Section B (ExcepCion requested to Bid specifications manufactuers and materials)
EXCEPTION MATGRIAI., EXCEPTION MANUFACTURER
Please insert additional pages as necessary.
Signature:
Date
--_.-----
--
Construction Solicitation Doc rev 02-21-20
FORM 4 - LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE
I he 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 %Y for ensuring that the Subcontractors for the major categories listed
herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
ncludes 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
Gulf Shore Electric 1495 Rail Head Blvd Naples, FL
2
Mechanical
United Mechanical 8170 Mainline Pkwv, Fort Myers, FL
3,
Plumbing
N/A
4,
Site Work
Bluewater Underground, 534 Production Blvd, Naples,
FL
5.
identify other subcontractors
that represent more than 10%
of' price or that affect the
critical path of the schedule
N/A
Company:
Date: 5/20/2022
Construction Solicitation Doc rev 02-21-20
F`d
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.
I. Clam Pass at Reso oom Expansion & The Board of County Commissioners of
Boardwalk Modifications Collier County Florida
(project name) (project owner)
465 Seagate Drive Naples 34108 3299 Tamiami Trail East Naples 34112
(Project location) (Owner's address)
New Boardwalk, bathroom addition
and modifications Michael Cherbini Project Manager
(project description) (Owner's contact person) (title)
4/2020 - 1 I/2020 $ 1.871 210.00
(project start/completion dates) (contact value)
2, James Stephens International Academy
Pre-K Remodel
(project name)
(239) 243-4829 mdcherbin�email com
(phone) (email)
The School Board of Lee County Florida
(project owner)
1333 Marsh Avenue, Fort Mfrs 33905 2855 Colonial Boulevard Fort Myers 33919
(project location) (Owner's address)
Remodel two existing elementary school
buildings into anew Pre-K School Stephen Hanna Project Manager
(project description) (Owner's contact person) (title)
6/2020 - 12/2020 $L4581418.05 (239) 479-4245 stephenlli@leeschools.net
(project start/completion dates) (contract value) (phone) (email)
3, River Hall Elementary School Traffic
Improvements The School Board of Lee County Florida
(project name) (project owner)
2800 River Hall Parkway Alva 33920
(project location)
Remodel school drop-off, additional parking,
sidewalks and canopies
(project description)
7/2020 - 9/2020 $ 509,224.33
(project start/completion dates) (contract value)
2855 Colonial Boulevard Fort Myers 33919
(Owner's address)
Matthew Burbach Project Mana eg r.
(Owner's contact person) (title)
(239) 4794207 matthewbu@leeschools.net
(phone) (email)
Construction Solicitation Doc rev 02-21-20
aI
FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
Crape Coral Sign Shop_ -
(project name)
2501 Sti t7th Avenue, Cafe Coral 33904
project location)
City of Cape Coral
(project owner)
1-015 Cultural Park Blvd., Ca t�e,Coral 33990
(Owner's address)
New 9 600 so ft s_ign shop_met I ilding_ Chris Camp Project Manager _
(project description) (Owner's contact person) (title)
10/2019 $ 874,846.22 (239) 574-0468__--- ccam c ca-ecoral.net
(project completion date) (contract value) (phone) (email)
i,
Cavo Costa Restroom Facility Replacement Florida Department of Enyironm_ en.tal._Protection
(project name) (I"ject owner)
Cayo Costa state Paiic Ga tip va 33924. 3800 Commonwealth Blvd., Tallahassee 32303
w_
(project location) (Owner's address)
New restroom facilities with showers John Goss Project Manager
(project description) (Owner's contact person) (title)
6/2019_...-_$ 694,3.1., .t3 )0 (941) 248-9090 j_ohn aoss a floridadep goy-.-
(project completion date) (contract value) (phone) (email)
6.
Fleet Maintenance Facility________..-__ Charlotte Countv
(project name) (project owner)
1800 Paulson Drive Port Charlotte 33954 1800 Paulson Drive, Port Charlotte 33954
(project location) (Owner's address)
Maintenance facility additionGary Burdahl _ Pro _ect M_anBkel__.
(project description) (Owner's contact person) (title)
8/2018 8C,42.390,3� (941)623-1009--tarhtlt_dahl_charlottecoun fl.gov
(project completion date) (contract value) (phone) (email)
Company.
S itnatm e.
Ou veeConstrue on �npany uil�ts Inc__
Date: 5/20/2022
Construction Solicitation Doc rev 02-21-20
F012M 6 - TRCNCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the'I'otal Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October I, 1990. "fhe Bidder fwther identities the cost to be summarized below:
'I"reach Safety Units of
Measure Measue
(Description) LF SY
� Benching
2.
3.
4.
5.
11niC
uantit
180
TOTAL
Failure to complete the above may result in the Bid being declared non -responsive.
Company:
Signature:
Unit
Cost
2,50
Extended Cost
0/2022
450
Construction Solicitation Doc rev 02-21-20
FORM 7-BID BOND r
KNOW ALL M13N BY THESL PRIf SISN'1'S, that we OneSotace Construction Company
Builders file (herein after called rite Principal) and
_ United Tire & Casually Comtiany(herein called the Surely), a corporation chartered and
existing wider the laws of the State of ]A with its principal offices in the city t>f Cedar Rapids
and authorized to do business in the Suite of _ Fl, _ arc held and Firmly bound (into the
Collier County Board of County Commissioners (hereinafter called tlme Owmtm'); in the full and just sum
-- — — -- -- --- F •oPercent0%)
of Five Percent (5 o) of the Contractors Bid dollars (x_oiu,�_cm,m,om�gria..._) good and lawful money of
the United States or 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 suUnmiited to the C)wnet�, u Bid for famishing all labor, materials,
equipment and incidentals necessary to furnish, install, and rally complete the Work on the Proiect known as
Bid No.224981 North County Regional Water Treatment Plant (NCRVVTP) Storage Building
NOW, 'f(11sR1 hORli, 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 clays after the date of a written Notice of Award in accordance with
he terms of such Bid, and give such bond or bonds in an amoamt of 100% the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for thefaithrul perror'tnauce of the Agreement
and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event or the
failure of the PRINCIPAL to enter into such Agreement or to give such bond of bonds, and deliver to Owrior the required
Five Percuu (5%)
certil ioates of insurance, if the Pi21NCIPAL shall pay to the O13LICilF the fixed sum of $ oram t"onnv morn Bid noted above
as liquidated damages, and not as it penalty, as provided in the l3idding Documents, then this obligation shall be null and
void, otherwise to remain in full force and erfect.
IN TL?STIMO.NY'lhereol', the Principal and Surety have caused tlmese presents Ut be duly signed and sealed this
Ihth day of May 2022.
hte5ource C>.sh' Lion Con�aCny � Builders, hle Principal
13Y R v I / A -A (.Sepl)`
�) courge Chanvin, Pmiduat -'..
diluted Ire R Casualty Company Surct`1
Matthnw'r Smith, Arornoy-in-Foot
FL License U: I?,148192
- - Gouniersigned
- -Appointed Producing Ageni t2n'
ufg IrNI1'ED rIRL & CASLCOMPANY, COMPANCEDAR RAPIDS, (A Inquiries: SuretyDepartment
trNiTED FIRE & INDEMNITY COMPANY WEBSTER, R TX l l8 Sccond Ave SE
FINANCIALPACIFIC INSURANCB`COMPANY, I OS ANOEI.ES, CA Ccdnr Ropids, IA 5240I
M6URAN0E CIRfiFIED COIYOP POWER OF ATTORNEY
(original on rue at do ue Office al Company — See„certification)
KNOW ALL PERSONS BY11! I ESE P.RLSIyNl S, Illat Chlin:d Fire & Casualty -Company, -11 corporatism duly 'organized and oximml; under the lays
(If the Stateof lima; United Fire & Indeliulity Company, a Corporation duly mgani7ml and existing under the laws of the State of Texas; and
Financial Pacific Insurance Company, a colpor'ation duly organized and existing trader the Maws of the State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, Stale of Iowa, doevs make, constitute and appoint
MATTHEW T. SMITH, HEATHER: -:A. PARUTA.i JESSICA'J. MARTIN; LORI A. SANDERS CATHY-PHAN, EACH > -
INDIVIDUALLY
their ante und.lawhd Attomcy(s):nl=rapt with rower and outhority Iwreby conferred to sign, seal and execute in, its behalf till lowiful bonds,<
urdelakings and other, obligatory mitt iallents of similar nature provided that no singleohligation shall exceed s2s; 000, 006.00 -:
and to Wild the Companies -thereby as fully and to the snnhe extent as if shell ilisnarmeins were signed by the duly authorized officers of the Companies
and till of the acts of said Attomey, pursuant to the authority hereby given and hereby ratified and anliirmed.
'sine Authority hereby gunned shill expire thc28thday of October , 2022 unl ess sooner revoked by United Piro & Casualty'
"Company; thhhcd Fire & Indemnity Company, and Financial pacific insurance Company.
This PUlyer of Attorney is made and excetted pursuant to and by authority of the following bylaw duly adopted by tits Boards of Dim actors of:IDlited '
Fire & Casualty Company, United Fire & hndemn(y Company, and Financial Pacific insurance Csrnpaoy;
"Arilde Vl—Surrty IInnds and U,ndertnkingy" - '
Section 2. Apt)(dnuneia of Attomey-in-Fact. "Thu President or any Vice Preident, or mry otheroff]= critic Cmnpaares may, from limo 10'into' appoint by written
'fate sfy,puve of airy )il:
cthet aulhotized hLtiilt
Companne, to be valid
1'mth in'heinrespective
tthu Companies'theroo.
ineviously. given A0 any
r ohlrgmory uutnrmulrs of irk9 tn•nure. �.
at power of Wormy or cenifimuion of
ch officor mid the original seal of the
in-fa¢I, subject to the limitations sot of
suehansovincnis and, to attach -the coal
,y limo revoke all pander and dumhooty
these presents to be signed by its
:h day. of October, 2020
tJAL'fY COMPANY
MN COMPANY
INSURANCF'COMPANY
State. of Iowa, County of Lain, ss: Vice President
'On 28th day of October, 2020, before me personally came Dennis _J. Richmann
to rim known; wlio being by lite duly sworn, did depose and say; that Ile resides in Cedar Rapids, State of,tgrf£i; that lto is a Vice President of illlited rue
& Cosualty Company, a Vice President of United Fire & hidemnily Conipauy, and it Vice President of Financial Pacific Insurance Company talc
corporations described in and which executed die above instrument; that he knows the seal of said eognorations; that the seal affixed to. die said
sum ue t is stab cisilxorrtto seal; dnacit was so affixed pursuanttoauthority given by -:the Board of Directors of said corporations and diet lie shined his
m
acne therein pursuontto like outhority.And acknowledges some to be the Act and dced-of said corporations,
,JOat pall Waddell -
g Iowa Notarial SealolEtty PublicPublicCommission number 713274 ,1/
W Commission Expires 10/2612022 My commission expires; l0/20/2022
1, Mary A .Bertsch, Assistant Seereuvy of United Pile & Casually Company and Assistant Secretary of United Fire & Indenmity Company, told Assistant
Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared die foregoing copy of line Power of Attomey and affidavit, and
dte copy or the Section of the. bylaws and resolutions of said Corporations as set tomb in said Power of Attorney, with rue ORIGINALS ON FILE IN THE
I10MH OFFICE OF, SAID CORPORATIONS, and that the sonic are correct transcripts thereof, and of tile whole of the said originals, and that. the said
Power of Attomey hat not been revokedandis now ill fill] force and e8'ert
In testimony whereof 1 hove here Into subseubed vny tome earn z,rla .ed dle corporate seal of the said Corporations
a,re 1 7 vl._ Al of nP' A cr1 .. .20 i!Va .
tu
rd
ar
seer /�� s�•,.,.,o,e
mororec and erfuct n
r to 1+lhd tine Cmnpti
dr Direclarsor a
I'NUSS WllrREO
esidant and its coq
maniwlly attxud.'Such atlnmoys
wiz signature and eteccntimt of nay
officer of the Comfin„ics may at
'OMPAN(ES have cocain caasec
eat to be hereto affixed this 28
UNITE
FINAP
r-
4nGt SVq
V4a4G4aPPOgt
-0 C�%PAL�'2(�y5 a tVLY di�= fly:
V
�32 a4� J
'' yy F OP� t Assistant Secretary,
4 y„ rr.w rc ""'
ul &c & ul &i & rrlc
RPOA0045 I =017
This paper has p-colored background and void pantograph, ��'®
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 separate Vendors, Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf
of Collier County", or the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -
insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on
the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be
Vendor's sole responsibility.
Coverage( 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 pail 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 coveragejs) required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such
coverages 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(ss purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,
the Vendor shall furnish to the County renewal or replacement Certificates) of Insurance not later than ten (10)
calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2.
®Employer's Liability
$_1,000,000_ single limit per occmrrence
3.
® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the
$_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
current ISO form
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
$_110001000_ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6.
❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ 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 $
❑
Project Professional Liability
❑ Valuable Papers Insurance
❑ Cyber Liability
Per claim & in the aggregate
$ Per Occurrence
$ Per Occurrence
$ Per Occurrence
❑ Technology Errors &Omissions $ Per Occurrence
7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
proposal bond in a sum equal to 5 % of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds 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 subconh•actors 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.
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.
GG — 4/8/22
Vendor'slnsurance 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.
Cc�er Cvt-sraty
COUNTY MANAGER OPERATIONS
Procurement Services Division
FORM 9 - CONPLIC'1 of INrrrzosr AI FIDAvrr
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 perforating
systems engineering and technical direction for the procurement) which appears to skew the competition in
favor of my firm.
Impaired objectivity —The Pirm 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 contactor's ability to render impartial advice to the government.
Unequal access
to information —T7te
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
aMate) with an
unfair competitive
advantage in current or
future
solicitations and contracts.
ht addition to this signed atiidavit, the contactor /vendor must provide the following:
I . All documents produced as a result of the work completed in the past or currently being worked oft 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 ptoject(s).
By the signature below, the fitmt (employees, officers cud/or agents) certifies, and hereby discloses, that, to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity
(financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully
disclosed and does not pose an organizational conflict.
OneSource @unstruction Company Builders, Ina
NamqI '
i
Signature
George Chauvin sid Pre lent
Print Name and Title
,_
State of Florida
County of Lee
The foregoing instrument was acknowledged
before me by means of ®physical presence or O online notarization,
this _ 2(lth_- day of _ Maw_-_ _ (month), 2022 (year), by Geor *e Chauvin r_ _(name
of person acknowledging),
r; t
(S_ignattue of otac4 PPub 'c Sute of Florida)
uA FbOmmis1ion �509
�tn la� r b is
4 GG
= Commission u UO 26d509
�: My Commission Expires
Seprernber 034 2022
(Print, Type, or St lie)
Personally Known d3R-P-reduceA-Idonti€catien-
"type of Identification Produced
::U r C:014 ,Iy
COUNTY MANAGER OPERATIONS
procurement Services Division
FORM (O -VENDOR DECLARATION SCA'PEA'if.NT
I30ARD OF' COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without comneotion 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 Oder terms and conditions, requirements, and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendoagrees, if this solicitation submittal is accepted, to execute a Collier County document (br the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods
and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub"
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 2_Oth-._ clay of MTy,,.___, 2022 in
the County of Lee, in the State of Florida
Firnn's Legal OneSource Construction Comuam&Builders inc
Name:
Address: 6325 Presidential Court
City, State, Lip
Fort Mvers Plo ida 11910
Code:
Florida
P06000138531
Certificate or
Authority
Document
Number
Federal Tax
26-1805881
Identification
Number
CCR# 3528 CAGE Code 57QQ3
*CCR # or
CAGE Code
*Only if Grant
Funded
Telephone: (239) 415-8300
Ismail:
Signature by:
CI�Yped and
written)
Title:
George Chauvin, President
Additional Contact Information
Send payments to:
(required if different Company name used as payee
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for Carla Kramer
this Solicitation:
Email: Carla(o>One-SourceConstruction com
Phone: (239)415-8300
2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P06000138531 Feb 24, 2022
Entity Name: ONESOURCE CONSTRUCTION COMPANY &BUILDERS, INC Secretary of State
9804128463CC
Current Principal Place of Business:
6325 PRESIDENTIAL COURT
SUITE 3
FORT MYERS, FL 33919
Current Mailing Address:
6325 PRESIDENTIAL CT
SUITE 3
FORT MYERS, FL 33919 US
FEI Number: 26-1805881 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
CHAUVIN, GEORGE
6325 PRESIDENTIAL CT
SUITE 3
FORT MYERS, FL 33919 US
The above named entity submits this statement /or the purpose of changing Its registered ol/ice or registered agent, or both, in the State o/Florida.
SIGNATURE: GEORGE CHAUVIN 02/24/2022
Electronic Signature of Registered Agent
OfficerlDirector Detail
Title PRESIDENT
Name CHAUVIN, GEORGE
Address 6325 PRESIDENTIAL COURT
SUITE 3
City -State -Zip: FORT MYERS FL 33919
I hereby certi/y that the information indlcaled on This repon or supplemental report is Irve and accvrefe and Thal my electronic signature shall have the same legal a/tact as iI made under
oath; Ihaf 1 am an officer or director o/the corporellon or the receiveror fms(ee empowered b execute Ihis report as requiretl by Chapter 607, Florida Statutes; and Ihaf my name appears
above, or on an atlachmenf with all otherlike empowered.
SIGNATURE:GEORGECHAUVIN PRESIDENT 02/24/2022
Electronic Signature of Signing Officer/Director Detail
Date
State of Florida
Department of State
I certify from the records of this office that ONESOURCE CONSTRUCTION
COMPANY & BUILDERS, INC is a corporation organized under the laws of
the State of Florida, filed on November 2, 2006, effective November 1, 2006.
The document number of this corporation is P06000138531.
I further certify that said corporation has paid all fees due this office through
December 31, 2022, that its most recent annual report/uniform business report
was filed on February 24, 2022, and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my Izand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Eleventh day of May, 2022
If I
Secretary of State
ber: 4997585724CU
To authenticate this certifieate,visit the following site,enter this number, and then
follow the instructions displayed.
h ttps://servieessunbiz.org/Filings/CertifieateOfStatus/CertificateAuthentication
DIVISION OF Ct)RPOFAI IQWS
}7
o
PAW \'[W)(.�:J
Depaiiment of State /Division of Corporations /Search Records / Sea�¢y Document Number /
Detail by Document Number
Florida Profit Corporation
ONESOURCE CONSTRUCTION COMPANY & BUILDERS, INC
Filing Information
Document Number
P06000138531
FEI/EIN Number
26-1805881
Date Filed
11/0212006
Effective Date
11/01/2006
State
FL
Status
ACTIVE
Principal Address
6325 PRESIDENTIAL COURT
SUITE 3
FORT MYERS, FL 33919
Changed: 01 /16/2020
Mailing Address
6325 PRESIDENTIAL CT
SUITE 3
FORT MYERS, FL 33919
Changed: 01 /16/2020
Registered Agent Name &Address
CHAUVIN, GEORGE
6325 PRESIDENTIAL CT
SUITE 3
FORT MYERS, FL 33919
Name Changed: 01/16/2020
Address Changed: 01/16/2020
Officer/Director Detail
Name & Address
Title President
CHAUVIN, GEORGE
6325 Presidential Court
Suite 3
FORT MYERS, FL 33919
Report Year Filed Date
2020 01/16/2020
2021 01/28/2021
2022 02/24/2022
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COUNTY MANAGER OPERATIONS
Procurement Services Division
FORM 11 - 11VINIICRAI ION AFFID.AVI-r Ci4%R94IFICA9lON
This AtY davit 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 SOBMIT WITH VCNllOR'S
PROPOSAUBID 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 unauthm ized 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 lmm�igration
Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida
Statutes &448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposal/bid.
GneS(iurce 'onsh•u ion Con .dny & Builders. Inc.
;ompany/Nannc.� \
U Signature
Geor��e Chauvin, President---,
Print Name and Title
State of Florida
County of
The foregoing instrument was acknowledged before the by means of ®physical presence or O online notarization,
this .__2_Ot1n_, day of _ MttV (month), 2022 (year), by C,cnrgc Chauvin (name
of person acknowledging).
(Signature
" 41atc of F'lond-n-Nntary Pvbii
Personally Known 9{2 Reduced-FdentifieM+en - .� Co,nmiseion a GG 25as0a
ei My Commission txpires
P orn r n3, 2022
Type of Identification Produced
E-Ven f Yv
Company ID Number: 379192 1
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the
Department of Homeland
Security (DHS)
and the
OneSource Construction Company &
Builders, Inc (Employer).
The purpose of
this agreement is to
set forth terms and conditions which the Employer will follow while participating
in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1, The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.
Notice
of
E-Verify
Participation
bI
Notice
of
Right to
Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee's E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
'.
Company ID Number: 379192
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E-Verify MOU for Employers � Revision Date O6/01/13
41011
RVerlfv..
Company ID Number: 379192
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual, If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.8 of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article 111.13, below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CJ
Company ID Number: 379192
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-4644218 or via email at
E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 379192
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors,
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Qa
Company ID Number: 379192
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete anew Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
The Employer cannot determine that Form I-9 complies with Article II.A.6,
The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
�Q
Company ID Number: 379192
Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.S, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-4644218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
FEVeri
Company ID Number: 379192
bI Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E-Verify
Page 8 of 17 E-Verity MOU for Employers I Revision Date 06/01/13
Company ID Number: 379192
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
Page 9 of 17 E-Verify MOU for Employers I Revision Daie O6/01/13
�C
— 1W (111 s
Company ID Number: 379192
employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photc
mismatch, the Employer will send a copy of the employee's Form I-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically
transmit the
result
of
the referral
to the Employer within 10
Federal
Government work days of
the referral
unless
it
determines
that more than 10 days is
necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services pertormed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
EVeri
Company ID Number: 379192
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties,
2, Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business,
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify,
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees,
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D, Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 379192
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E-Verify at 1-8884644218.
Page 12 of 17 E-Verify MOU (or Employers � Revision Date 06/01/13
EVerff
I=X:��illiiilllill—
Company ID Number: 379192
Approved by:
Employer
OneSource Construction Company & Builders, Inc
Name (Please Type or Print)
Title
George Chauvin
Signature
Date
Electronically Signed
12/15/2010
Department of Homeland Security - Verification Division
Name (Please Type or Print)
Title
USCIS Verification Division
Signature
Date
Electronically Signed
12/15/2010
Page 13 of 17 E-Verify MOU for Employers I Revision Date O6/01l13
C.�
Ali
Company ID Number: 379192
Information Required for the E=Verify Program
Information relating to your Company:
OneSource Construction Company & Builders, Inc
Company Name
6325 Presidential Court
Suite 3
Company Facility Address
Fort Myers, FL 33919
Company Alternate Address
County or Parish
LEE
Employer Identification Number
261805881
North American Industry
Classification Systems Code
236
Parent Company
Number of Employees
1 to 4
Number of Sites Verified for
1
Page 14 of 17 E-Verify MOU for Employers Revision Date O6/01/13
Company ID Number: 379192
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FLDRIDA 1 site(s)
Page 15 of 17 E-Verify MOU for Employers � Revision Date 06/01 /13
Company ID Number: 379192
Information relating to the Program Administrators) for your Company on policy questions or
operational problems:
Name George Chauvin
Phone Number (239) 415 - 8300
Fax Number (239) 415 - 8304
Email Address george@one-sourceconstruclion.com
Name Carla Kramer
Phone Number (239) 415 - 8300
Fax Number (239) 415 - 8304
Email Address carla@one-sourceconstruction.com
Page 16 of 17 E-Verify MOU for Employers � Revision Date 06/01/13
t"�
Company ID Number: 379192
Page intentionally left blank
Page 17 of 17 E-Verify MOU for Employers � Revision Date 06/01 /13
Vendor Information
Substitute W — 9 Form
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return via email to the address below. Prompt return of information will facilitate timely payment for goods and
services provided to the County,
New Vendor
1. Generallnformation
0 Change Existing Vendor SAP Vendor Number:
(as shown on income�ax return}
Business Name
(if different from taxpayer name)
Address 6325 Presidental_Cc
City Fort Myers
State Florida Zip 33919
Telephone (239) 415-8300 FAX (239) 415-8304 Email Carla@one-sourceconstruction.com
Order Information: X Same as above, Remit I Payment Information: X Same as above, or
or
Address
City State
FAX
Email
Address
Zip City
FAX
2. Company Status (check only one)
Email
State Zip
Q Individual /Sole Proprietor
Q Corporation
� Partnership
� Tax Exempt (Federal income tax-exempt entity
d Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
_ _Enter the tax classification
D = Disre arded Entit , C = Co oration, P = Partnershi
3. Taxpayer Identification Number (for tax reporting purposes only)
Social Security Number (SSN)
OR Federal Tax Identification Number (TiIN)
4. Sign and Date Form
Certification: Und Wattles of perjury, �ti t at t m o ation shown on this form is correct to my knowledge.
Signature Date 05/20/22
Title President
Phone Number (239) 415-8300
Submit Email form to Collier County Purchasing Office Email: PurOps@coiliergov.net
VentlorReques� SubN/5
Revised: 12/2IIW
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Jack Willard
George Chavin
Carla Kramer
Personnel Catep:j I
Construction Superintendent
Project Manager
Contract Administrator
10
Construction Services Agreement: [2022_ver.2]
c
EXHIBIT B-1: PUBLIC PAYMENT BOND
ITB #22-7981
Bond No, 800099141
Contract No. 22-7981
KNOW ALL MEN BY THESE PRESENTS: That OneSource Construction
Company & Builders, Inc as Principal, and
Atlantic Specialty Insurance Company as Surety,
located at 605 Hwy 169 North, Suite 800, Plymouth MN 55441 (Business
Address) are held and firmly bound to Collier County BOCC as Obligee in the
sum of ***see below ($ 1,242,797.00 ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
2022 with Obligee for NCRWTP STORAGE BUILDING in
COLLIER COUNTY, FL 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.
***ONE MILLION TWO HUNDRED FORTY TWO THOUSAND SEVEN HUNDRED NINETY SEVEN
DOLLARS AND ZERO CENTS
11
Construction Services Agreement: (2022_ver.2]
��
cl
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF Finrt c-ci.
COUNTY OF I- pp -
PRINCIPAL
OneSourc nstruction Covpiny & Builders, Inc
BY:
NAME: George thauvin
ITS: President
The foregoing instrument was acknowledged before me by means of i9'physical presence or ❑
online notarization, this Q�8 day of 202&-, by
as ce"C'►r%r4
Of Q__4Y�r �1�,n�tc��-i;,n� a �Ie,nA( corporation, on
behalf of the corporation. Helsiw is personally known to me OR has produced
as idenocat* and did (did not)
take an oath.
My Commission Expires:
LI
-01 R WILLARD, JRNAME:
t Florida Notary Publicnmission # GG 254509My Commission Expires;°` September 03, 2022
(AFFIX OFFICIAL SEAL)
ATTEST:
(Signature
(Legibly Printed)
Notary Public, State of (' ondics.
Commission No.: GC: �C_-34
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
12
Construction Services Agreement: i2022_ver.21
C,
w'
Kl�
A',
Witnesses
STATE OF Florida
COUNTY OF Lee
(Atta�h Power of Attorney)__
►ice �
(Printed Name)
Atlantic Specialty Insurance Company
605 Hwy 69 N. Suite 800
Plymouth, MN 55441
(Business Address)
239.243.9729
(Telephone Number)
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑
online notarization, this 28th day of June 2022 , by
Matthew T Smith , as Attorney in Fact
of Atlantic Specialty Insurance Company, a MN corporation, on
behalf of the corporation. He/she is personally known to a OR has produced
take an oath.known
My Commission Expires:
(AFFIX OFFICIAL SEAL)
)a i enti is on and did (did not)
11.i �-1�11' V�
(Signature of Not* Public)
Name: Cathy U Phan
(Legibly Printed)
Notary Public, State of: FL
Commission No.: 10/15/25
16
CATHY U PHAN
Notary Public - State of Florida
'®on.°'• Commission x HH 187013
OF Fes,
MY Comm. Expires Oct 15, 2025
13
Construction Services Agreement: [2022_ver.2] Ca
C,1�
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
ITB# 22-7981
Bond No. 800099141
Contract No. 22-7981
KNOW ALL MEN BY THESE PRESENTS: That OneSource Construction Company & Builders, Inc
as Principal, and Atlantic Specialty Insurance Company
as Surety, located at
605 Hwy 169 North, Suite 800, Plymouth, MN 55441
(Business Address) are held and firmly bound to
Collier County BOCC , as Obligee in the sum of
ONE MILLION TWO HUNDRED FORTY TWO THOUSAND SEVEN HUNDRED NINETY SEVEN DOLLARS AND ZERO CENTS
($ 1,242,797.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 , with Obligee for
NCRWTP STORAGE BUILDING______ in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by 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 tirne provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement: [2022_ver.2]
Signed, sealed and delivered
in the presence of P17 h L,) j-2A
Witnesses as to Principal
NAME:
ITS: President
walmrriwni
Inc
STATE OF FinnAa,
COUNTY OF L?r--
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this j2'3- day of 20aa. -, by
as
of a F-1_s. cif! corporation, on
behalf of the corporation. He/sin is personally known to me OR has produced
as I entifica ion and did (did not)
take an oath. /�l
My Commission Expires:
IOHN R WILLARD,JR
44.
State of Florida-NtaryPublicCommission # GG 254509
My Commission Expires
(AFFIXOFFICIAL SEAL)
(Signature f Noj6fi P4blic)
Name:
(Legibly Printed)
Notary Public, State of: fln(-Aci-
Commission No.: (<G;1,15ni
15
Construction Services Agreement: [2022 ver.2j 71�
ATTEST:
Witnesses as to Surety
STATE OF FL
COUNTY OF Lee
SURETY:
na
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As tto ey in F ct
(Attac Power of Attorney)
Matthew T Smith
(Printed Name)
Atlantic Specialty Insurance Company
605 Hwy 69 N, Suite 800
Plvmouth. MN 55441
(Business Address)
Z3i ZLi 3g T201
(Telephone Number)
The foregoing instrument was acknowledged before me by means of 13 physical presence or ❑
online notarization, this 28th day of June 1 2022 by
Matthew T Smith , as Attorney in Fact
of Atlantic Specialty Insurance Company a MN corporation, on
behalf of the corporation. He/she is personally known.; to me OR has produced
Personally known -4 d rktific do and did (did not)
take an oath.
My Commission Expires:
� �i
(Signature of Notary ublic)
(AFFIX OFFICIAL SEAL)
Elm
HY U PHAN
ic •State of Floridaon.;
HH 1870t3
pires Oct t5, 2025
Cathy U Phan
(Legibly Printed)
Notary Public, State of: FL
Commission No.: 187013
16
Construction Services Agreement: [2022_ver.2]
C7
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.
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
17
Construction Services Agreement: 12022_ver.2)
CV
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.
�a
Construction Services Agreement: [2022_ver.2j
U
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
being duly sworn, deposes and says:
after
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors, material -
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated 20_ for the period from to
This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. _
Witness
Witness
STATE OF
COUNTY OF
CONTRACTOR
ITS:
DATE:
President
[Corporate Seal]
The foregoing instrument was
acknowledged before
me by means of
❑physical presence or
❑online notarization, this
day of
20_,
by
as
on
behalf of the
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
a
(Signature of Notary Public)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
EXHIBIT D
corporation,
has produced
19
Construction Services Agreement: (2022_ver.2] �
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier Count Board of County Commissioners the OWNER or Collier County Wafer -Sewer
Owner's Project
Manager's Name:
Bid No.
Project No.
Count '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 @5% through
Insert atel
$
Retainage @ 5% 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: ON 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:
gnature:
I
I Date:
Payment
to the
CONTRACTOR
for the above AMOUNT
DUE THIS
APPLICATION
is recommended
by:
wner's Project Manager
Name:
gnature:
Date:
20
Construction Services Agreement: [2022_ver.2]
ExHIRITDtconnnueaJ SCHEDULE OF VALUES
Protect Nama: ', Protect Number:
'., ', ',.Date:
''
''Period To:
ITEM
NUMBER
DESCRIPTION
SCHEDULED
VALUE
WORK COMPLETED
STORED
MATERIALS
TOTAL
COMPLETED
85TORED
TO DATE
PERCENT
COMPLETE
SAtANCE
TO RNISH
6%
RETAINAGE
_%
REfAINAGE
aeaucea ielel
TOTAL
REfAINAGE
WITHHELD
PREVIOUS APPLICATIONS
THIS
PERIOD
THRU DATE
SINCEDATE
TOTALS
`Lzplanatlon rortnetwo columns unoer rrevious nppivaaons. 1 re you w� pace e� i �� � ���� P=�=���_» =a�=� �����������
retainage Issue comes into play. If this happens, all Information up to the date of the %change In retainage is placed In the Thru Date column. Information akerthat date is placed
In the Since Date column. This states what has happened since the change In retainage.
21
Construction Services Agreement: [2022 ver.2j
Exhibit D
(Continued)
Stored Materials Record
Formula:A+B-C-D=E
A
B
C
D
E
Date
Description
Supplier
Invoice
Number
Previously
Received
Received
This Period
Previously
Installed
Installed
This Period
Balance
To
Install
22
Construction Services Agreement: [2022_ver.2]
EXHIBIT E: CHANGE ORDER
Co ..if r County
Procurement Services
Change Order Form
❑ Contract Modification or Order Modification
Contract#: Change#:E= Purchase Order#:�— � Project#:�
Contractor/Firm Name: Contract/Project: F—
Project Manager Name:l Division Name: I I
Original Contract/Work OrderAmount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! :.Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/01 `Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/D! Change from Current Amount
Completion Date, Description of the Tasks) Change, and Rationale for the Change
n Notice to Proceed Ong! al Last Approved Revised Date
Date Completion Date Date (Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or
the additional days added (if requested); 2.) why this change was not Included in the original contract; and, 3.) describe the Impact
ous Gila nills is nm uruuesseu...uauI auuIuuuat IF IIV( I I lauU,I I IoIn UIo Je„y,I a„U,.,, .,V,,,,...,.., It „__U_U.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same
terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant /
Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor / Vendor/ Consultant/ Design Professional and Name of Firm, if project applicable)
Accepted by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: vale:
(Division Director or Designee)
Approved by: Date:
(Procurement Professional)
t P.,,r.c rt. ��,�riz; . �.,o� n,o ,��y :� •rr,,d�tt I �c�ra Ys, an:� or e��ra�" srP : [ :... II
23
Construction Services Agreement: [2022_ver.2]
V
Change Order/Amendment Summary
CO#
AMD#
Description
COST
TIME
Justification
Additive
Deductive
Days
Added
New
Amount
+
ke'�)^�.d" ry1'�kAi2U'_1 (L.IY.31Cn3 t`131u 411'f'l Y„t;Itl+� lfi.l,il�aRal S.�l '�1AIt�-, n1n� GN.;Iti.i. 6�➢S�}?:#i1 G 51�Bc{.j GRGfi 31 Etk t r ItSC Ut{LY,_.___
aJ1aIEn �ti�t �"GCLS
24
Construction Services Agreement: [2022_ver.2]
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S
Project No.
Design
Professional's Project Nc.
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:
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:
RESPONSIBILITIES:
25
Construction Services Agreement: [2022_ver.2]
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
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
OWNER
By:
Type Name and Title
20
zs
Construction Services Agreement: [2022_ver.2]
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
PO No.:
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)
z�
Construction Services Agreement: [2022_ver.2]
EXHIBIT H: GENERAL TERMS AND CONDITIONS
INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
26
Construction Services Agreement: (2022_ver.2]
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
2s
Construction Services Agreement: [2022_ver.2j
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.
4A 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
30
Construction Services Agreement: [2022_ver.2j
�J�
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in
the amount of five percent (5%), as permitted by Section 255,078, Florida Statutes. The foregoing
does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each
monthly progress payment as otherwise allowable under Section 255,078, Florida Statutes. Any
reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes,
shall be at the sole discretion of the Owner. Such retainage 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, Any interest earned on retainage shall accrue to the benefit of the Owner.
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 VISAWASTER 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
31
Construction Services Agreement: [2022_ver.2]
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.
5A If a subcontractor is related to entity to the Contractor, then the Contractor shall not
mark-up the subcontractor's fees. A related entity shall be defined as any Parent or
Subsidiary of the Company and any business, corporation, partnership, limited liability
company or other entity in which the Company or Parent or a Subsidiary of the Company
holds any ownership interest, directly or indirectly.
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.
32
Construction Services Agreement: (2022_ver.2]
C,7�
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.
7. SUBMITTALS AND SUBSTITUTIONS.
7A 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
ndicating 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.
7A 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
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Construction Services Agreement: [2022_ver.2]
%W;
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
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 (speccally 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.
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Construction Services Agreement: (2022_ver.2]
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
(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:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 902
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordReg uest(ftolliercountyfl.pov
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
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Construction Services Agreement: (2022_ver.2] �
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
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.
9A 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
36
Construction Services Agreement: I2022_ver.2]
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
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, or any duly authorized agents or representatives of the County, 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 Payment Application, 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.
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Construction Services Agreement: [2022_ver.2]
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.
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.
13A 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.
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Construction Services Agreement: [2022_ver.2]
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 the Insurance and Bonding
Reauirements form Exhibit B-3 to the Agreement. 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 sea• and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, including the
requirements set forth in Florida Statute, §448.095.
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.
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
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Construction Services Agreement: t2022_ver.2]
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.
responsive.
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.,qov/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.
iF��tF��[�3►11h1_�i!ll!
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
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Construction Services Agreement: [2022_ver.2)
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.
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.
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Construction Services Agreement: [2022_ver.2] Q
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.
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.
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Construction Services Agreement: (2022_ver.2]
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
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
43
Construction Services Agreement: [2022_ver.2] ('�
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.
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.
44
Construction Services Agreement: [2022_ver.2j
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
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
45
Construction Services Agreement: [2022_ver.2]
V
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
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 5.6, for services not rendered.
25. PROTECTION OF WORK,
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
as
Construction Services Agreement: [2022_ver.2]
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner or Design Professional's benchmarks, 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.
26.1 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.
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
a�
Construction Services Agreement: [2022_ver.2]
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,
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
46
Construction Services Agreement: (2022_ver.2] �
G�
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.E 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
nvestigation 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
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.
49
Construction Services Agreement: (2022_ver.2) �,y
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
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
50
Construction Services Agreement: [2022_ver.2] t�,
d
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
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:
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Construction Services Agreement: [2022_ver.2]
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
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
34,1411
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34,1414
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
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Construction Services Agreement: [2022_ver.2]
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
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�o).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.
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Construction Services Agreement: [2022_ver.2t
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.
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.
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Construction Services Agreement: (2022_ver.2]
C�
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.
[END]
55
Construction Services Agreement: [2022_ver.2j �
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
❑ Attached hereto, following this page
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Construction Services Agreement: [2022_ver.2]