Agenda 12/12/2023 Item #16D11 (Waive liqudated damages for Golden Gate Community Park Activity Pool reconstruction and Restroom Alteration)12/12/2023
EXECUTIVE SUMMARY
Recommendation to waive liquidated damages in the amount of $295,750 for Project 80405.3 under
Agreement No. 21-7833 for “Golden Gate Community Park Activity Pool Reconstruction and Restroom
Alteration” with Compass Construction, Inc.
OBJECTIVE: To waive liquidated damages against Compass Construction Inc., (Compass) for the Golden Gate
Community Park Activity Pool renovation project.
CONSIDERATIONS: The Golden Gate Community Park Activity Pool was originally constructed in 1992. To
maintain this pool and keep it in a state of good repair, the pool basin was resurfaced, and the water feature was
reconditioned multiple times since its opening. County Staff, in conjunction with design engineers, determined the
pool basin and water features exceeded useful life expectancy, and subsequently, the Board of County
Commissioners (Board) awarded Agreement No. 21-7833 to Compass Construction, Inc., on March 23, 2021,
under Agenda Item #16C6 for a project to renovate the Activity Pool, the associated pool deck, and restroom.
The agreement allowed for one hundred and sixty (160) calendar days for Compass to substantially complete the
work, with completion to conclude fifteen (15) days thereafter. The Agreement also permits the County to assess
liquidated damages against Compass in the amount of $1,690 for each calendar day after the substantial completion
date passes until substantial completion is achieved.
Based on the Notice to Proceed issued May 26, 2021, for work commencing June 1, 2021, Substa ntial Completion
was scheduled for November 8, 2021, and Final Completion on November 23, 2021. Change Order #1 was
submitted on November 1, 2021, adding thirty-five (35) days to both the Substantial Completion date (December
13, 2021) and the Final Completion date (December 28, 2021).
The project manager issued a stop work order on December 23, 2021, to process a change order for additional time
due to a labor shortage and lack of available materials required to complete the concrete pool deck. The lack of
concrete material availability was industry-wide and was the major cause of the delay in the project schedule. The
project manager issued a stop work order ten (10) days after the Substantial Completion date of December 13,
2021, and five (5) days before the Final Completion date of December 28, 2021. At that time, it was acceptable to
submit change orders before the Final Completion date; however, it is acknowledged that the stop work order
should have been issued before the substantial completion date of December 13, 2021. While the contract was on
Stop Work, Change Order #2 was issued, adding another thirty-five (35) days to the agreement.
A resume work letter was issued on February 28, 2022, at which time there were thirty -nine (39) days remaining up
to the Final Completion date of April 8, 2022. Change Order #3 was submitted on March 29, 2022, adding thirty -
five (35) days for a completion date of May 14, 2022. A Stop Work was issued on May 12, 2022, incorrectly
reflecting 1 day remaining. During this Stop Work, which is still in effect, Change Order #4 was submitted on May
13, 2022, adding another thirty-five (35) days.
Since the first Stop Work letter was issued after the then-set Substantial Completion date, a total of $295,750 in
liquidated damages accrued between December 13, 2021, and June 6, 2022, the date of the Certificate of
Substantial Completion. Actual Substantial Completion was not issued until the Department of Health (DOH)
issued its permit which was not issued until January 18, 2023. The delay in issuing the DOH permit was a result of
a code change that required a new fence around the kiddie pool because it is less than fifty (50) feet from the slide
plunge pool. The County submitted a lifeguard plan for approval by DOH until the fence can be constructed with
the competition pool renovation which is scheduled for Fall 2024.
Staff recommends that the Board waives the imposition of the liquidated damages since the contractor: (1) acted in
good faith to perform under COVID impacts to both manpower and construction material availability and (2) would
have avoided the potential for liquidated damages had the County’s project manager timely processed a change
order. Because the contractor provided services to the County’s benefit without any harm sustained by the public,
staff requests that liquidated damages be waived.
16.D.11
Packet Pg. 2168
12/12/2023
FISCAL IMPACT: This project is funded in Parks Bond Fund (3063), Golden Gate Community Pool Project
80405.3.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
approval. -RTT
RECOMMENDATION: To waive liquidated damages in the amount of $295,750 for Project 80405.3 under
Agreement No. 21-7833 for “Golden Gate Community Park Activity Pool Reconstruction and Restroom Alteration”
with Compass Construction, Inc.
Prepared By: Dayne Atkinson, Principal Project Manager, Parks and Recreation Division
ATTACHMENT(S)
1. [linked] 21-7833 Compass Construction, Inc_Contract- (PDF)
16.D.11
Packet Pg. 2169
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 26451
Item Summary: Recommendation to waive liquidated damages in the amount of $295,750 for Project 80405.3
under Agreement No. 21-7833 for “Golden Gate Community Park Activity Pool Reconstruction and Restroom
Alteration” with Compass Construction, Inc.
Meeting Date: 12/12/2023
Prepared by:
Title: – Public Services Department
Name: Todd Henry
08/22/2023 2:40 PM
Submitted by:
Title: Department Head – Public Services Department
Name: Tanya Williams
08/22/2023 2:40 PM
Approved By:
Review:
Procurement Services Sue Zimmerman Additional Reviewer Completed 10/03/2023 5:31 PM
Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 10/06/2023 7:09 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 10/06/2023 8:41 AM
Parks & Recreation Todd Henry Additional Reviewer Skipped 10/09/2023 9:59 AM
Parks & Recreation James Hanrahan Additional Reviewer Completed 10/10/2023 1:32 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 10/10/2023 2:46 PM
Procurement Services Sarah Hamilton Procurement Director Review Completed 10/10/2023 7:37 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 11/30/2023 2:38 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 12/05/2023 8:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2023 9:14 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/05/2023 9:23 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 12/05/2023 2:55 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/06/2023 4:37 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.D.11
Packet Pg. 2170
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Compass Construction, Inc. ("Contractor") of 824 Lafayette Street, Cape
Coral, FL 33904, a Florida Profit Corporation, authorized to do business in the State of Florida, to
perform all work ("Work") in connection with Golden Gate Community Park Pool
Reconstruction and Restroom Alteration, Invitation to Bid No. #21-7833 ("Project"), as said
Work is set forth in the Plans and Specifications prepared by Wood Environment &
Infrastructure Solutions, 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: Nine Hundred Fifty-Eight Thousand and Sixty Dollars ($958,060.00).
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten
by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via
the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less
Construction Services Agreement: Revised 01.28.21 (v9)
than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five(5)calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within One Hundred Sixty (160) 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 fifteen (15) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand Six Hundred Ninety Dollars ($1,690.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner shall also
be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as
a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty,which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
2 CAO
Construction Services Agreement Revised 01.28.21 (v9)
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non-delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation #20-7833 "Golden Gate Community Park Pool
Reconstruction and Restroom Alteration.
Exhibit A-1: Contractor's Bid Schedule
Exhibit A-2: Contractor's Bid Submittal Forms and Addendums
Exhibit A-3: Contractor's List of Key Personnel
Exhibit B-1: Payment Bond Forms Not Applicable
Exhibit B-2: Performance Bond Forms Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
3
Construction Services Agreement:Revised 01.28.21 (v9) nCA01
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I:Supplemental Terms and Conditions Applicable ® Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation #20-7833 "Golden Gate Community Park Pool
Reconstruction and Restroom Alteration. The complete contract documents, including
Addendum with attachments, are available on the County's on-line bidding system:
https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated
agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details
Exhibit M: Plans and Specifications prepared by:
Wood Environment & Infrastructure Solutions, Inc
7]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
do Facilities Management Division
3335 Tamiami Trail East
Naples, FL 34117
Attn: Bryan Vehovec, Project Manager
Phone: (239) 252-4026
Email: Bryan.VehovecRcolliercountyfl.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:
Compass Construction, Inc.
824 Lafayette Street
Cape Carol, FL 33904
Attn: Doug Oliver, President
Phone: (239) 542-7118
Email: doliver(compassconstruction.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.
4 C'AO
Construction Services Agreement:Revised 01.28.21 (v9)
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.
5
Construction Services Agreement:Revised 01.28.21 (v9) CAO
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
6
Construction Services Agreement:Revised 01.28.21 (v9) C'
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES: Compass Construction, Inc.
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FIRST WITNESS
L c r a r e C'.r By:
Print Name
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SECOND WITNESS
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Print Name
Date: 1")1 (QrC Y1 , a )
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
Comptrd, p OF COLL R UNTY FLORIDA
BY:r
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v icL!QC_,. BY: -
Chairman
Approv d'asto Form and Legality:
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ssistan County Attorney
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7
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
FOLLOWING THIS PAGE)
8
Construction Services Agreement:Revised 01.28.21 (v9)
Appendix A2-Template-Bid Schedule
Solicitation No: #21-7833
Project No:
Project Title: Golden Gate Community Park Pool Reconstruction and Restroom Alteration
Bid Date: January 26,2021 by 3:00 pm
BID SCHEDULE
BIDDER:Compass Construction,Inc.
Line Item
1 General Conditions 114,397
2 Existing Conditions 49,836
3 Concrete 196,219
4 Masonry 3,135
5 Doors and Windows 4,139
6 Finishes 12,019
7 Specialties 6,009
8 Special Construction 355,988
9 Fire Protection 0
10 Plumbing 25,551
11 Mechanical HVAC 1,956
12 Electrical 23,821
13 Earthwork 8,093
14 Exterior Improvements 6,897
LINE ITEM-TOTAL 808,060
OWNER ALLOWANCE* 150,000
TOTAL BASE BID 958,060
NOTE:Breakdown of trade values is for the purpose of bid analysis and for the development of historical cost information
NOTE:Award will be made on Total Base Bid plus selected Alternates.
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 SCIIEDULE
FAO
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
FOLLOWING THIS PAGE)
9
Construction Services Agreement:Revised 01.28.21 (v9)
CAO
Appendix F—Template-Addendum
Email: (Lisa.Oien@colliercountyfl.gov)
Co ie-r minty Telephone: (239-252-8935)
Administrative Services Division
Purchasing
ADDENDUM #1
Memorandum
Date: 1/5/2021
From: Lisa Oien, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 21-7833
Solicitation #21-7833
Golden Gate Community Park Pool Reconstruction and Restroom Alteration
This addendum has been issued for the following items identifying clarifications, changes, deletions, or
additions to the original solicitation documents and bid schedule for the above referenced solicitation.
Pre-Bid Meeting Minutes, Sign-in Sheets and Second Site Visit
21-7833 —Addendum#1 - Pre-Bid Meeting Minutes and Sign in Sheets
Second Site Visit Scheduled for Thursday January 14, 2021 at 10:00 am
o Location: Golden Gate Community Park Pool - 3300 Santa Barbara Blvd Naples, Fl. 34116
Please acknowledge receipt of this Addendum and include with your bid.
Y
1/28/21
Signature) Doug Oliver, President Date
Compass Construction, Inc.
Name of Firm)
If you require additional information, please post a question on BidSync on-line or contact me using the above contact information.
Appendix F-Template—Addendum-rev 10-18-18
Appendix F—Template-Addendum
4,, Email: (Lisa.Oien@colliercountyfl.gov)
i€,.`- County Telephone: (239-252-8935)
Administrative Services Division
Purchasing
ADDENDUM #2
Memorandum
Date: 1/15/2021
From: Lisa Oien, Procurement Strategist
To: Interested Parties
Subject: Addendum#2 21-7833
Solicitation#21-7833
Golden Gate Community Park Pool Reconstruction and Restroom Alteration
This addendum has been issued for the following items identifying clarifications, changes, deletions, or
additions to the original solicitation documents and bid schedule for the above referenced solicitation.
Last day for questions extended, Second Site Visit Sign in sheets
21-7833—Addendum#2— Last day for Questions extended
o Last day for questions extended from January 14, 2021 to January 19, 2021
o Questions to be answered by extended from January 19, 2021 to January 21, 2021
21-7833—Addendum#2 Second Site Visit Sign in Sheets
O 21-7833— Second site visit sign-in Addendum #2
Please acknowledge receipt of this Addendum and include with your bid.
1/28/21
Signature) Doug Oliver, President Date
Compass Construction, Inc.
Name of Firm)
If you require additional information, please post a question on BidSync on-line or contact me using the above contact information.
Appendix F-Template—Addendum-rev 10-18-18
Appendix F—Template-Addendum
Email: (Lisa.Oien@colliercountyfl.gov)
O Ter o 4: t ,
Telephone: (239 252 8935)
mnnistraatNe Services Nilson
Purchasi€ug
ADDENDUM #3
Memorandum
Date: 1/22/2021
From: Lisa Oien, Procurement Strategist
To: Interested Parties
Subject:Addendum #3 21-7833
Solicitation #21-7833
Golden Gate Community Park Pool Reconstruction and Restroom Alteration
This addendum has been issued for the following items identifying clarifications, changes, deletions, or
additions to the original solicitation documents and bid schedule for the above referenced solicitation.
Addendum #3 - Bid due date extended and correct General Note#34
21-7833 —Addendum #3— Bid due date extended
o Bid due date extended from January 26, 2021 no later than 3:00 pm to January 28, 2021 no
later than 3:00 pm
21-7833 —Addendum#3 —
0 21-7833 — Exhibit M — Plans— General Note#34 corrected to read Two (2) years
General Notes:
34. THE CONTRACTOR SHALL WARRANT AND GUARANTEE ALL WORK, ALL COMPONENT
PERFORMANCE, AND ALL MATERIALS FOR TWENTY (20)TWO (2) YEARS MINIMUM, AND
PROVIDE ADDITIONAL WARRANTIES STATED IN THE PROJECT MANUAL AND OTHER
CONTRACT DOCUMENTS, FROM THE DATE SHOWN ON THE CERTIFICATE OF OCCUPANCY.
Please acknowledge receipt of this Addendum and include with your bid.
1/28/21
Signature) Doug Oliver, President Date
Compass Construction, Inc.
Name of Firm)
If you require additional information, please post a question on BidSync on-line or contact me using the above contact information.
Appendix F-Template—Addendum-rev 10-18-18
Director,Procurement Services Division
FORM 1-BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Golden Gate Community Park Pool Reconstruction and Restroom Alteration
BID NO.21-7833
Full Name of Bidder Compass Construction,Inc.
Main Business Address 824 Lafayette Street Cape Coral,FL 33904
Place of Business 824 Lafayette Street Cape Coral,FL 33904
Telephone No. 239-542-7118 Fax No. 239-542-8648
State Contractor's License# CGC1521627
State of Florida Certificate of Authority Document Number H09755
Federal Tax Identification Number 59-242-3658
DUNS# 122232754 CCR# Cage Code 5S0G4
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
hereinafter called the Owner)
The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points
are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division
staff.
Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to
the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates
as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event
the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set
forth,as liquidated damages,for the delay and additional expense to the Owner, it being recognized that,since time
is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure,
the total amount of Owner's damages, will be difficult, if not impossible,to definitely ascertain and quantify. It is
Construction Solicitation Doc rev 02-21-20
fi40j
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates,and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work
at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The
undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Sixty(160)
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 Fifteen(15)consecutive calendar days
after Substantial Completion,computed by excluding commencement date and including the last day of such period.
Acceptance and acknowledged by an Authorize Agent
Signature:
Title: Doug Oliver, President
Date: 1/28/21
Construction Solicitation Doc rev 02-21-20
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Golden Gate Community Park Pool Reconstruction and Restroom Alteration
Bid No.21-7833
Name Personnel Category
Tony Milioti Construction Superintendent
Bruce Downs Project Manager
Construction Solicitation Doc rev 02-21-20
C40
FORM 3-MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products
produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A(Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company: Compass Construction, Inc.
Signature: Date: 1/28/21
Doug Oliver, President
Section B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:Date
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
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal
requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful
Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work Subcontractor and Address
1. Electrical Nauti Electric-Cape Coral
2. Mechanical Mabry Brothers-Fort Myers
3. Plumbing JR Swanson-Cape Coral
4. Site Work Backbay Construction-Fort Myers
5. Pool/Spa/Aquatic Elite Commercial Pools-Sarasota
Company: Compass Construction, Inc.
Signature: Date: 1/28/21
Doug Oliver, President
Construction Solicitation Doc rev 02-21-20
S
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five (5) years is a judge of its experience, skill and business standing and of its ability to conduct
the work as completely and as rapidly as required under the terms of the Agreement.
l.
Suncoast Credit Union Metro Parkway Suncoast Credit Union
project name) project owner)
Fort Myers, Florida 6801 E. Hillsborough Avenue, Tampa FL 33680
project location) Owner's address)
5th Floor Interior Renovations Ramone Acevedo Architect
project description) Owner's contact person)title)
December 2018 837,379.00 (239) 275-0225 racevedoAgmaarchitect.com
project start/completion dates) (contract value) (phone) email)
2.
Jamestown Painting Office Renovation Ph II Jamestown, Inc.
project name) project owner)
Fort Myers, Florida 10060 Bavaria Road Unit#2, Fort Myers, FL 33913
project location) Owner's address)
Selective demolition and interior renovations to existing Unit 1 Chris Beatson Chief Operating Officer
project description) Owner's contact person)title)
June 2019 33,050.00 239)482-4647 cbeatson@jamestownpainting.com
project start/completion dates) (contract value) (phone) email)
3.
Marco Island Sherwin Williams GEMCAP Development
project name) project owner)
Marco Island, Florida 210 W. Fourth Street Suite 200, Winston-Salem, NC 27101
project location) Owner's address)
New one story 4,000 SF retail Sherwin Williams
paint center Brian Moore Project Manager
project description) Owner's contact person)title)
April 2019 925,415.00 336) 724-0153 brian(&,gemcapdevelopment.com
project start/completion dates) (contract value) (phone) email)
Construction Solicitation Doc rev 02-21-20
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4.
project name) project owner)
project location) Owner's address)
project description) Owner's contact person)title)
project completion date) (contract value) (phone) email)
5.
project name) project owner)
project location) Owner's address)
project description) Owner's contact person)title)
project completion date) (contract value) (phone) email)
6.
project name) project owner)
project location) Owner's address)
project description) Owner's contact person)title)
project completion date) (contract value) (phone) email)
2Company: t Co s''s ra, truction, Inc.
Date: 1/28/21Signature: C
Doug Oliver, President
Construction Solicitation Doc rev 02-21-20
FORM 6-TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure Quantity) Cost
Description)LF,SY)
1. Misc. cut back and sloping LF 1,000 1.00 1,000.00
2.
3.
4.
5.
TOTAL $ 1.000. 00
Failure to complete the above may result in the Bid being declared non-responsive.
Company: Compass Construction, Inc.
Signature: { Date: 1/28/21
Doug Oliver, President
Construction Solicitation Doc rev 02-21-20
S
FORM 7-BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Compass Construction. Inc.
herein after called the Principal)and
Berkley Insurance Company herein called the Surety), a corporation chartered and
existing under the laws of the State of Delaware with its principal offices in the city of Greenwich, CT
and authorized to do business in the State of Florida are held and firmly bound unto the
Collier County Board of County Commissioners hereinafter called the Owner),in the full and just sum
of Five Percent of the Bid Amount dollars($5%of Bid Amount)good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials,
equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No.
21-7833 Golden Gate Community Park Activity Pool Reconstruction and Restroom Alteration.
NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance ofthe Agreement
and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required
certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%of Bid Amount noted above
as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and
void,otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this`
26th day of January ,20 21 .
Com ion Inc. Principal
BY i Seal)
Doug Oliver,President
Berkle Insurance CCom n Surety
Seal)
Brett A.Ragland,Attorney-in-F ct&FL Licensed Resident Agent
Countersigned N/A
is
Appointed Producing Agent for Berkley Insurance Company
vim+
y iys
i
No. BI-10099e
i:11
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully.
ct
w KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation dulya. yr
t = organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted
2 ' and appointed, and does by these presents make, constitute and appoint: Joseph D. Johnson, Jr.;Breit A. Ragland; Francis T.
E OReardo;Joseph D. Johnson,HI;Kaftan(H. Corriere;or Tyler Ragland of Joseph D.Johnson& Company of Orlando, FL
M = its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
s..' deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation
s 4 shall exceed One Hundred Million and 00/100 U.S.Dollars(U.S.$100,000,000.00),to the same extent as if such bonds had been
t. ;w duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper
fir' persons.
L' This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware,
c without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
s; RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
aExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
5 = to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
u attorney-in-fact and revoke any power of attorney previously granted;and further
RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,
ri t+ or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
c; manner and to the extent therein stated;and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as
S. though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
c IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and itstJ
It orcolpa,te seal hereunto affixed this 304-day of M/tA.(k ,2020.
2 %., Attest:
41____------Berkley Insurance Company
Seal) By B V1 N H.f G'
ha S.Lederm Je'fre'14.flatter
c Executive Vice President&Secretary 5 nnor Vl4 President
2 WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER.
E STATE OF CONNECTICUT)
ss:
2 COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this j Lday of Alt/lt,I. , 2020, by Ira S.Lederman and
Jeffrey M. Haller who are sworn to me to be the Executive Vice President an Secretary, and Senior Vice President,
MARIA C RUNnRAKEN
respectively,of Berkley Insurance Company. NOTARYautnuc h{''
Y CONNECTICUT WikL r7 A...-ea
MY COMMISSION EXPIRES
APHIL 30,2024 otaty Public,State o Connecticut
CERTIFICATE
I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded
E and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
Attorney is attacn::d,is in full force and effect as of this date,
y.ti
Given under my hand and seal of the Company, this `AP'I
day of ,.i"/J.-" 9 0. .I
i
Seal)
Vincen P.Po e
t
i
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.
Coverages shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-
renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein
shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any
policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverageW required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverageLs1 and charge the Vendor for such
coverageW 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 purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,
the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10)
calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certificate(s)shall be considered justification for the County to terminate any and all contracts.
yl;r
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required.Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption.An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. ®Employer's Liability $_1,000,000 single limit per occurrence
3. ® Commercial General 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 ContractorNendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the ContractorNendor in the performance of this Agreement.
5. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage.
Owned/Non-owned/Hired;Automobile Included
6. Other insurance as 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 $Per claim&in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
Cyber Liability Per Occurrence
0 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 subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.This insurance shall be primary and non-contributory with respect to any other
insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be
endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates
of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For
any and all work performed on behalf of Collier County.
12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112
13. ® Thirty(30)Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
11/25/20-CC
Vendor's Insurance Acceptance
By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that
the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance
submitted must provide coverage for a minimum of six(6)months from the date of award.
Colfir er C...07,114tY
Administrative Services Department
Procurement Services Division
FORM 9-CONFLICT OF INTEREST AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief,the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County
project identified above (e.g., writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement)which appears to skew the competition in
favor of my firm.
Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals/past performance of itself or a competitor, which calls into
question the contractor's ability to render impartial advice to the government.
Unequal access to information —The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate)with an unfair competitive advantage in current or future solicitations and contracts.
in addition to this signed affidavit,the contractor/vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project;and,
2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-
public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below,the firm (employees,officers and/or agents)certifies, and hereby discloses,that,to the best
of their knowledge and belief, all relevant facts concerning 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.
Compass Construction, Inc.
Company Name
Signature
Doug Oliver,President
Print Name and Title
State of Florida
County of Lee
The foregoing instrument was acknowledged before me by means of I$physical presence or 0 online notarization,
this 28th day of January (month), 2021 (year),by Doug Oliver name
of person acknowledging).
Signature of Notar ublic-State of Florida)
Print,Type,or Stamp Con1nissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced tf; LAURAKAY DIETERCommission#GO 296426
qr Expires April 4,2023
rsr y. ' Bonded Thru Troy Fein Insurance 800-306.7010
C
Co ier County
Administrative Services Department
Procurement Services D'nsion
FORM 10-VENDOR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples,Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby
declares the instructions,purchase order terms and conditions,requirements,and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods
and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 28th day of January ,20 21 in
the County of Lee in the State of Florida
Firm's Legal Compass Construction, Inc.
Name:
Address: 824 Lafayette Street, Cape Coral, FL 33904
City,State,Zip 824 Lafayette Street, Cape Coral, FL 33904
Code:
Florida H09755
Certificate of
Authority
Document
Number
Federal Tax 59-2423658
Identification
Number 5S0G4
CCR#or
CAGE Code
Only if Grant
Funded
Telephone: 239)542-7118
Email:doliver@compassconstruction.com
Signature by:
Typed and
written)
Title: Doug Oliver, President
Additional Contact Information
Send payments to: Compass Construction, Inc.
required if different Company name used as payee
from above)
Contact name:Doug Oliver
Title: President
Address: 824 Lafayette Street
City,State,ZIP Cape Coral, FL 33904
Telephone: 239)542-7118
Email: doliver@compassconstruction.com
Office servicing Collier Same as above
County to place orders
required if different
from above)
Contact name:
Title:
Address:
City,State,ZIP
Telephone:
Email:
Secondary Contact for Bruce Downs
this Solicitation:
Email: 239)542-7118
Phone: bdowns@compassconstruction.com
CIO
Collier County
Adminlstrative Services Department
Procurement Services Division
FORM 11 -IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence
consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's
bid or within five(5)day of the County's Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S
PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized
alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section
274A(e)of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration
Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding
with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify),
operated by the Department of Homeland Security in partnership with the Social Security Administration at the time
of submission of the Vendor's bid.
Compass Construction, Inc.
Company Name
Signature
Doug Oliver, President
Print Name and Title
State of Florida
County of Lee
The foregoing instrument was acknowledged before me by means of X physical presence or 0 online notarization,
this 28th day of January (month), 2021 (year),by Doug Oliver name
of person acknowledging).
Signature of Notary ub rc-State of Florida)
C
Print,Type,or Stamp Commissioned Name of Notary Public)
Personally Know OR Produced Identification
Type of Identification Produced LAURAKAYDIETERa
n .• = Commission#G0 296428
a> Expos Aprll4,2023
Bondod Nu Troy Foln Insurance 800.386.7010
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FORM 12-BIDDERS CHECKLIST
IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the
Bidding Documents. Please read carefully,sign in the spaces indicated and return with your Bid. Bidder
should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings,descriptive literature,etc.have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed and accepted in BidSync:
a. Construction bid instructions form
b. Construction services agreement
c. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
a. Bid Form(Form 1)
b. Contractors Key Personnel(Form 2)
c. Material Manufacturers(Form 3)
d. List of Major Subcontractors(Form 4)
e. Statement of Experience(Form 5)
f. Trench Safety Act(Form 6)
g. Bid Bond Form(Form 7)
h. Insurance and Bonding Requirements(Form 8)
i. Conflict of Interest Affidavit(Form 9)
j. Vendor Declaration Statement(Form 10)
k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your
submittal or you MAY be DEEMED NON-RESPONSIVE
1. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and
should be included with your submittal. All forms must be executed,or you MAY be DEEMED
NON-RESPONSIVE.
9. Copies of required information have been attached
a. Business tax Receipt(Collier County Businesses Only)
b. Company's E-Verify profile page or memorandum of understanding
c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org)
d. Any required professional licenses—valid and current(myfloridalicense.com)
ie:General Contractors license,Underground Utility and Excavation,Builders,
Trade Contractors,etc.,as applicable,requested and/or required.)
10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been
submitted.
11. Any addenda have been signed and acknowledgement form attached and included,or you MAY be
DEEMED NON-RESPONSIVE.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise
the Bid cannot be considered.
ativ.
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THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
copyPURPOSEANDAUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Compass Construction, Inc. (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E-
Verify). This MOU explains certain features of the E-Verify program and enumerates specific
responsibilities of OHS, the Social Security Administration (SSA), and the Employer. E-Verify is
a program that electronically confirms an employee's eligibility to work in the United States after
completion of the Employment Eligibility Verification Form ( Form 1-9). For covered government
contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and
all existing employees assigned to Federal contracts.
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). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program 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).
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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
Automated verification checks on alien employees by electronic means, and
Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. 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 a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. OHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. 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.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, 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 Immigration and Nationality Act
INA) and Federal criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
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nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating OHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non-match tentative nonconfirmations that is designed to provide 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.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the 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.
2. The Employer agrees to provide to the SSA and OHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R.
274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 888-464-4218.
If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766
Employment Authorization Document) to complete the Form 1-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non-matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form 1-9. DHS may in the future designate other documents that activate
the photo screening tool.
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6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of section 274E of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and 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) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps
of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day
time period is 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. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form 1-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer 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 access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Article I11.B. below) to contact DHS with intormation
necessary to resolve the challenge.
10. 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 non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, 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
including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption 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 non-match 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 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her
citizenship status. 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 unfair
immigration-related 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 274E 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).
12. The Employer agrees to record the case verification number on the employee's Form 1-9
or to print the screen containing the case verification number and attach it to the employee's
Form 1-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
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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 riot 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.
14. The Employer acknowledges that the information which 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)), and that 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.
15. The Employer agrees to cooperate with DIIS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon 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 timely and accurate manner to DHS
requests for information relating_to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. 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) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E-Verify by the Employer, the Employer may not
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: 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 use E-Verify to initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate 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.
b. Federal contractors already enrolled at the time of a contract award: 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 initiate 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 3 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 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
c. •'Institutions of higher education, State, local and tribal governments and sureties:
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 pursuant to 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. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: 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
do so only in the manner designated by DHS and initiate E-Verify verification of all existing
employees within 180 days after the election.
e. Form 1-9 procedures for Federal contractors: The Employer may use a
previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1-9 complies with Article 11.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed 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.
2. 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.
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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 tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system-generated referral letter and instruct the employee to visit an SSA
office within 8 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. The Employer agrees to check the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non-
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from OHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
3 ,- r 1111111
fir i; i .,n,
Company ID Number: 327092
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline(as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to OHS. 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. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form
1-766 to DHS for review by:
Scanning and uploading the document, or
Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access the
E-Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all 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
Page 9 of t
yec. is 1_ i!' q
U\`
r lllllllYV11 't IF ! r c r
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1,
i. \.. 111 1_' tr, f nw
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Company ID Number: 327092
mandatory refresher tutorials. 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 a circumstance, the Federal contractor must provide written notice to OHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, 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.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU 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 procedures 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 its performance of its contractual responsibilities.
C. 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
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. 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.
E. 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,
F. The Employer understands that the fact of 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, 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).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
ie
ti.1;
4
Company ID Numb : 327092
To be accepted as a participant in E-Verity, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218. •
Employer Compass Construction, Inc.
John Reed
Name Pieasi 7,1,1 P•ir.z, Title
Eq0C/C00/0,70' 05/ 13/2010
Signature Date
Department of Homeland Security-Verification Division
USCIS Verification Division
Name PI Ca.pSE> nr Print! Title
60C1/0/7:Vc?,11/Signed 05/13/2010
Signature Date
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2020 - 2021
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
Account Number: 8402959 Account Expires: September 30, 2021
State License Number: CGCO25919
If sure lieense hes changed.ronlurr our Wire of 239.533.60UP May engnee in the busineu or:
Location:
GENERAL CONTRACTOR-CERTIFIED
824 LAFAYETTE ST
CAPE CORAL FL 33904
THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
COMPASS CONSTRUCTION INC
Paymenttnfornmtion:
OLIVER LAWRENCE J
824 LAFAYETTE ST
CAPE CORAL FL 33904 PAID 559420-54-1 07/27)202001:20 PM
ITY OF CAPE CORAL BUSINESS TAX RECEIPT RECEIPT#: BT21-00545
City of Cape Coral -- 1015 Cultural Park Blvd--Cape Coral Florida 33990-- (239) 574-0430
This Receipt expires September 30, 2021 Visit our website at: www.capecoral.net
DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
HIS TAX IS NON REFUNDABLE-
ation: 824 LAFAYETTE ST Number of Employees:
iness Phone: (239) 542-7118 CITY F Classification
CONTRACTOR/SPECIALTY CONT
1;7.61
oitte
COMPASS CONSTRUCTION INC
OLIVER LAWRENCE Classification Code: 140A
824 LAFAYETTE ST Issued Date: 06/04/2020
CAPE CORAL, FL 33904 Amount 88.00
s document is a business tax only. This is not certification that licensee is qualified. It does not permit the licensee to violate any existing regulatoryzoninglawsofthestate,county or cities nor does It exempt the licensee from other taxes or permits that may be required by law.
Certificate # : 34007
CITY OF
v.
tcation: 824 LAFAYETTE ST#B
C Type: CERTIFIED
jtsiness Phone: 239-542-7118 et Classification:GENERAL"A"
ate License: CGCO25919
Detail by Entity Name Page 1 of 3
Florida Das rtnent of State
D,vrrOr.OF CoRPpaATIONs
s P
Department of State / Division of Corporations / Search Records / Search by Entity Name/
Detail by Entity Name
Florida Profit Corporation
COMPASS CONSTRUCTION, INC.
Filing Information
Document Number H09755
FEI/EIN Number 59-2423658
Date Filed 06/26/ 1984
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 11/25/2008
Event Effective Date NONE
Principal Address
824 LAFAYETTE STREET
CAPE CORAL,FL 33904
Changed:07/06/1995
Mailing Address
824 LAFAYETTE STREET
CAPE CORAL, FL 33904
Changed:07/06/1995
Registered Agent Name&Address
Oliver, Douglas Ray
824 LAFAYETTE ST.
CAPE CORAL,FL 33904
Name Changed:06/25/2020
Address Changed:03/03/1993
Officer/Director Detail
Name&Address
Title DST
OLSEN, PETER
824 LAFAYETTE ST
CAPE CORAL, FL
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/24/2021
Detail by Entity Name Page 2 of 3
Title President
Oliver, Douglas R
824 LAFAYETTE STREET
CAPE CORAL, FL 33904
Annual Reports
Report Year Filed Date
2018 01/24/2018
2019 02/ 06/2019
2020 06/25/2020
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5192i.15y7......:.ANN,tJAL,,RE,F,,ORT View image in PDF format
05/01/1996-ANNUAL REPORT View image in PDF format
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Flo..ds Department of State,D:... of Corporations
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Detail by Entity Name Page 3 of 3
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0
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Tony Milioti Construction Superintendent
Bruce Downs Project Manager
10
Construction Services Agreement:Revised 01.28.21 (v9)
INSURANCE/SURETY BONDS
JOHNSON
COMPANY
March 3, 2021
Collier County BOCC
3335 Tamiami Trail East
Naples, FL 34112
RE: Authority to Date Bonds and Powers of Attorney
Principal: Compass Construction, Inc.
Bond No.: 0235371
Project: Golden Gate Community Park Pool Reconstruction and Restroom Reno
To whom it may concern:
Please be advised that as Surety on the above referenced bond, executed on your behalf for
this project, we hereby authorize you to date the bonds and the powers of attorney concurrent
with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Sincerely
Berkley Insurance Company
1?2NO- A- }eet.p
Brett A. Ragland
Attorney-in-fact
P.O. Drawer 672 • Orlando, FL 32802-0672 • 801 N. Orange Avenue, Suite 510 • Orlando, FL 32801-5202 (407)843-1120
800)331-3379 • FAX(407)843-5772
PUBLIC PERFORMANCE & PAYMENT BOND
Front Page of Bond No. 0235371
Issued in Accordance with Florida Statute Chapter 255.05(1)(a)for Public Work
CONTRACTOR: Compass Construction, Inc.
824 Lafayette Street, Cape Coral, FL 33904
239)542-71118
SURETY COMPANY: Berkley Insurance Company
425 Steamboat Road, Greenwich, CT 06830
203) 542-3800
OWNER NAME: Collier County Board of County Commissioners
3335 Tamiami Trail East, Naples, FL 34112
239) 252-8407
CONTRACTING PUBLIC ENTITY:
N/A
If different from the owner)
958, 060.00
CONTRACT AMOUNT:
Golden Gate Community Park Pool Reconstruction and RestroomCONTRACTNO., PROJECT:
Renovation
PROJECT LOCATION:
Naples; Florida
SURETY AGENT:
Johnson &Company
801 North Orange Ave., Suite 510, Orlando, FL 32801
407) 843-1120
This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this
bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and
255.05(10), Florida Statutes.
This is the front page of the bond, regardless of any page number(s)that may be pre-printed thereon.
EXHIBIT B-1: PUBLIC PAYMENT BOND
Bond No.0235371
Contract No. 21-7833
KNOW ALL MEN BY THESE PRESENTS: That
Compass Construction, Inc. as Principal, and
Berkley Insurance Company as Surety,
located at 475 Steamboat Road, Greenwich. CT 06830 Business
Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the
sum of Nine Hundred Fifty-Eight Thousand Sixty and No Cents 958,060.00 ) 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 YYls r20A. with Obli ee for
id No.#21-7833;Golden a e ommunity Park oo ingReconstructionandRPctrnnmRanovatiort
Naples,Florida 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 y day of
Qr Clrl 20 a\ , the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement:Revised 01.28,21 (v9)
Signed, sealed and delivered
in the presence of:
PRINCIPAL
4K
U
Compass Construction, Inc.
r
Witnesses as to Printigal NAME: O'— 01 4\d
ITS: d
STATE OF nor'( do-
COUNTY OF
The foregoing instrument was acknowledged before me by means of Xrphysical presence or
online notarization, this 1k day of Marc h 20 a\ , by
C) Ve.r as PS1c et -
of O SS Cons c•uL orN,Try, a l d corporation, on
behalf of the corporation. He/she is ersonally known to me OR has produced
as identification and did (did not)
take an oath.
My Commission Expires: y (i{'a.3
Signature of Notary-Public)
LAURA KAY DIETER NAME: Lcxn cc .. Ka. D1 e_4tr
Commission#GG 296426
ram: .Po Expires April 4,2023
0:T;;°•' BondedThro Troy Fein Insurance 800.385-701A Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
Berkley Insurance Company
Printed Name)
475 Steamboat Road
Greenwich, CT 06830
203) 542-3800
Business Address
Authorized Signature)
Witnesses to Surety Printed Name)
12
Construction Services Agreement:Revised 01.28.21 (v9)
OR
gAtA • a
As Attorney in Fact Brett A. Ragland
Attach Power of Attorney)
Jeanne Miller, Witness Brett A. Ragland, Attorney-In-Fact
Witnesses Printed Name)
Agent: Johnson & Company
801 N. Orange Avenue, Suite 510
Orlando, FL 32801
Business Address)
407)843-1120
Telephone Number)
STATE OF Florida
COUNTY OF Orange
The foregoing instrument was acknowledged before me py means of l physical presence or 0
online notarization, this `{tt^ day of 20a , by
Brett A. Ragland as Attorney-in-Fact
of Berkley Insurance Company a Surety corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
Personally Known as identification and did ( did not)
take an oath.
My Commission Expires: 7/10/2023
w,.,, KA1 NiCORDERO nature of Notary Public)
Commission#GG 310565
Name: Kanani Cordero
Expires July 10,2023
f;.;:f: Bonded Thu Troy Fail Marano 800-385-7019 Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of: FL
Commission No.: GG 310565
13
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
Bond No,0235371
Contract No. 21-7833
KNOW ALL MEN BY THESE PRESENTS: That Compass Construction, Inc.
as Principal, and
Berkley Insurance Company as Surety, located at
475 Steamboat Road, Greenwich, CT 06830
Business Address) are held and firmly bound to
Collier County Board of County Commissioners as Obligee in the sum of
Nine Hundred Fifty-Eight Thousand Sixty and No Cents
958,060.00 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
rn 2000% , with Obligee for
Bid No. #21- 3; olden Gate Community Park Pool Reconstruction and Restroom Renovation in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses,damages, costs and attorneys'fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument thisL day of
H a c('kn 20 a J , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement:Revised 01.28.21 (v9)
Signed, sealed and delivered
in the presence of: PRINCIPAL
Compas on nc.
BY:
Witnesses as to Princi
NAME:vL,Itia
ITS: 1?2k51 Dt.311) T-
STATE OF F I O r k 8 0_
COUNTY OF Lee.
The foregoing instrument was acknowledged before me by means of Al physical presence or 0
ationlinenotari on, this I-1 day of a rCh 20 al , by
Qf t_a (i 1 r as (-es\ r'iUN\
of CD 55 Cc S+rt,.r' \m -1-nC•, a I- lor1(o. corporation, on
behalf o the corporation. He/she is ersonally know) to me OR has produced
as identification and did ( did not)
take an oath.
v
My Commission Expires: L{ /`i 1, 3 cG- rl D
Signature of Notary ublic)
LAURA KAY DIETERl .mu • Commission#GG 296426 Name: 1 O,A A co..r
Explros April 4,2023
londedTAru Troy Fain lnaurence800.385-7019 Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, St e of: f I Dr;d0.
Commission No.:L--G oDQlnLia vQ
15
Construction Services Agreement:Revised 01.28.21(v9)
ATTEST: SURETY:
Berkley Insurance Company
Printed Name)
475 Steamboat Road
Greenwich, CT 06830
203)542-3800
Business Address)
Authorized
Wit o urety Printed Name)
OR
r-341- A. ilvr-P
As Attorney in Fact
Attach Power of Attorney)
Jeanne Miller, Witness Brett A. Ragland
Witnesses Printed Name)
Agent: Johnson & Company
801 N. Orange Avenue, Suite 510
Orlando, FL 32801
Business Address)
407)843-1120
Telephone Number)
STATE OF Florida
COUNTY OF Orange
The foregoing instrument was ackngwledged before m y means of C physical presence or 0
online notarization, this ( day of 4Qrdt 20 a( , by
Brett A. Ragland as Attorney-in-Fact
of Berkley Insurance Company a Surety corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
Personally Known as identification and did (did not)
take an oath.
My Commission Expires: 7/10/2023
Signature of Notary Public)
Iw1ANI CORDERO
CormlissionIGG310565 Kanani Cordero
Expires Mufr10,2023 Legibly Printed)i ? `
Baled Thu Trey Fin Insurance$00 3854019
AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: GG 310565
16
Construction Services Agreement:Revised 01.28.21 (v9)
No. BI-10099e
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
0 NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
u KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly53,tc organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted
and appointed, and does by these presents make, constitute and appoint: Joseph D. Johnson, Jr.;Brett A. Ragland; Francis T.
D'Reardon;Joseph D. Johnson,III;Kanani H. Cordero;or Tyler Ragland of Joseph D. Johnson& Company of Orlando, FL
its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
a deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation
shall exceed One Hundred Million and 00/100 U.S.Dollars(U.S.$100,000,000.00),to the same extent as if such bonds had been
E duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper
1' persons.
o q, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
o without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
o ° Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
33 'c to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and further
if L RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,
cu or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
7 manner and to the extent therein stated;and further
ct RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
a 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as
b though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
o P. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and itstoocorporatesealhereuntoaffixedthis3tdayofM/. .C41.-2020.
Attest:Berkley Insurance Company
o (Seal) By r!/ By 't V' IV
1
o Ira S.Ledermat Jeffite'M. after
t o Executive Vice President&Secretary SLior Vke President
a WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER.
acn
STATE OF CONNECTICUT)
v ° ss:
a COUNTY OF FAIRFIELD )
Y Sworn to before me, a Notary Public in the State of Connecticut, this 3A L day of 2020,by Ira S. Lederman and
o Jeffrey M. Hailer who are sworn to me to be the Executive Vice President n Secretary, and Senior Vice President,
MARIA C RUNRRECTICU XEN
n'
dcTIrespectively,of Berkley Insurance Company. NOTARY Puns IC n /
K fx
f
CONNECTICUT
o MY COMMISSION EXPIRES
M'HIL30,2024 otary Public, State o Connecticut
Z cG CERTIFICATE
E" I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
Q 0 true,correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
Attorney is attached,is in full force and effect as of this date.
Given under my hand and seal of the Company,this_ day of
Seal)
Vincen P.Fo e
Please verify the authenticity of the instrument attached to this Power
by:
Toll-Free Telephone: (800) 456-5486; or
Electronic Mail: BSGlnquiry@berkleysurety.com
Any written notices, inquiries, claims or demands to the Surety on the bond
attached to this Power should be directed to:
Berkley Surety
412 Mount Kemble Ave.
Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: BSGClaim@berkleysurety.com
Please include with all communications the bond number and the name of the
principal on the bond. Where a claim is being asserted, please set forth generally
the basis of the claim. In the case of a payment or performance bond, please also
identify the project to which the bond pertains.
Berkley Surety is a member company of W. R. Berkley Corporation that
underwrites surety business on behalf of Berkley Insurance Company, Berkley
Regional Insurance Company and Carolina Casualty Insurance Company.
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:Revised 01.28.21 (v9)
Contractor under this Agreement or any other agreement between the County and Contractor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later
than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the
County with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
18
Construction Services Agreement:Revised 01.28.21 (v9)
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer's Liability single limit per occurrence
3. Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $ single limit per occurrence, $2,000, 000 aggregate for Bodily Injury
ISO form 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 ContractorNendor/Consultant
shall defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
5. Automobile Liability 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 Per claim &in the aggregate
1,000,000 per claim and in the aggregate
2,000,000 per claim and in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
19
Construction Services Agreement:Revised 01.28.21 (v9)
Cyber Liability Per Occurrence
E 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. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance
provisions.
10. Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed
accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County.
12. Thirty (30) Days Cancellation Notice required.
Contractor/Consultant's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm Date
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
20
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
1) In accordance with the Contract Documents and in consideration of $ to be received,
Contractor") releases and waives for itself and it's subcontractors, material-
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated 20 for the period from to
This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits, actions,claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS: President
DATE:
Witness
Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this
day of 20 by as
of a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)take an oath.
My Commission Expires:
Signature of Notary Public)
NAME:
Legibly Printed)
Notary Public, State of
AFFIX OFFICIAL SEAL)
Commissioner No.:
21
Construction Services Agreement:Revised 01.28.21 (v9)
CAS
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer
Owner's Project Bid No.
Manager's Name: Project No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name& Payment Application No.
Address:
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 $ Retainage @ 5%through [Insert $
Insert Date] date]
Retainage @ Less Retainage
after[Insert date]
Total Earned Less Retainage
Less previous payment(s)
Percent Work Completed AMOUNT DUE THIS
to Date:APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager
Name:
Signature: Date:
22
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT D(Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL
NUMBER VALUE MATERIALS COMPLEIW COMPLETE TO ANISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS STORED Veaucea ralel WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
tqi!ilit ems"" .fir t.
TOTALS
Explanation forthe two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of
retainage issue 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 after that date is placed
in the Since Date column.This states what has happened since the change in retainage.
23
Construction Services Agreement:Revised 01.28.21 (v9)
Exhibit D
Continued)Stored Materials Record
Formula:A+ B-C- D = E
A B C D E
Balance
Invoice Previously Received Previously Installed To
Date Description Supplier Number Received This Period Installed This Period Install
24
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccspOl/SiteDirectory/AS D/Purchasing/Forms 1/Forms/Default.aspx
Change Order Form
Contract?II: Changes: Purchase Order#: Projects:
Contractor;Firm Name: Project Name:
Project Manager Name Department:
t?ig nal CorttrcctWcsr Order Amount ig}inal BCC Apo,'cvsl Date:Agenda Item
Current BCC Approved Amount Last BCC Approval Gate; Agenda Item#
Current CcaststhW exz Oadar Amount SAP Contract Expiration Date(Master)
Dolor Amount of thb Change DIViO! Total Change from Ctgiral Amount
Revised C ontreciW or Order Total S 0.00 GIV/0! Change horn C urrertt BCC Approved Anxcunt
Cumulative Changes S 0.00 OlW0! Ch,erg e from Current Amcunt
Completion Date,Description of the Tasks)Change,and Rationale for the Change
Notice to Proceer-1 Original I Last Approved Revised Date
Date Completion Dat Date a x rsergs
of Days Added Select Tasks 0 Add new task{s) 0 Delete task{s} 0 Changetask{s} 0 Other r;see c,v
Provide a response to the fo l lowing:1.}detailed and specific exp l anationlratio nale of the requested change(s)to the task(s)and d or
the additional days added(if requested):2.)why this change was not included in the original contract;and.3.)describe the impact if
this change is not processed. A.ta_r an' irfcr'lslor from the Design Professional ano<o•Convector f needed.
Prepared by: Dale:
Project 41. a-rie a' :Determent)
Acceptance of thts Charge e•_ __-st,^,.0 amodrfiationtocontra work order identifiedstove andiwill be subject to all tl same
terms and corditiors as coma•e= e con ram:work order indicated atone,as fully as d the same were staled in this accept arrce. The
adiuslment,rfary,to the Ccrt•_ s-s,corm rtuteafr ll and final sell lernentofany and ail claims of the Contractor Vendor/Consultant
DesignDesign Professional arising:out of or related to the c hange set forth herein.iroc ludic claims for impact and delay costs.
Accepted by: Date:
Contractor Vendor.'Cons ullant 1 Des gr Profess tonal and Name of Firm,rf projectappicabie)
Approved by: Date:
Design Professional and Name of;ism,if proem applicable).
Approved by: Dale'
Procurement Professorial
25
Construction Services Agreement: Revised 01.28.21 (v9)
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR:
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified
parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use.The Work to which this Certificate applies has been inspected by authorized representatives
of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially
complete in accordance with the requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
26
Construction Services Agreement: Revised 01.28.21 (v9)
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 20
OWNER
By:
Type Name and Title
27
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:PO No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one-year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:Company Name)
Signature)
Typed Name&Title)
By Design
Professional: Firm Name)
Signature)
Typed Name&Title)
By Owner: Department Name)
Signature)
Name&Title)
28
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29
Construction Services Agreement:Revised 01.28.21 (v9)
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 beingreferredtointhisSub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3)calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3. 3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
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limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4. 4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re-submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
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L
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 "'aches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5. 2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5. 3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off-set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
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r f
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
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record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1. 1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
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e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
As-Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As-Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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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.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
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Construction Services Agreement:Revised 01.28.21 (v9)
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 byOwner. 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.
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.
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Construction Services Agreement:Revised 01.28.21 (v9)
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.
13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
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Construction Services Agreement:Revised 01.28.21 (v9)
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
Requirements 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 seq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, 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.
Exceptions to the program:
Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
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Construction Services Agreement:Revised 01.28.21 (v9)
they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
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Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained bySubcontractors.
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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18.4 The liability of Contractor hereunder shall extend to and include the full amount of any andallsumspaid, expenses and losses incurred, damages sustained, and obligations assumed byOwneringoodfaithunderthebeliefthatsuchpaymentsorassumptionswerenecessaryorrequired,
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.
20. COMPLETION.
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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
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,
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Construction Services Agreement:Revised 01.28.21 (v9)
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.
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.
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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
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
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Construction Services Agreement: Revised 01.28.21 (v9)
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.B, 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.
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.
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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. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor,without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1. 1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
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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
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5. 6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
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28.5.7 When requested, Contractor shall cooperate with any ongoing Ownerinvestigationinvolvingpersonalinjury, economic loss or damage to Owner's facilities or personalpropertytherein;
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'sproperty; 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.
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
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Construction Services Agreement: Revised 01.28.21 (v9)
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
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.
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Construction Services Agreement:Revised 01.28.21 (v9)
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved byOwner, 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:
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.
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Construction Services Agreement:Revised 01.28.21 (v9)
r
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
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
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Construction Services Agreement:Revised 01.28.21 (v9)
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 percontractterm. 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(a colliergov.net)whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A"project"shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
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Construction Services Agreement:Revised 01.28.21 (v9)
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.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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Construction Services Agreement: Revised 01.28.21 (v9)
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
N/A
56
Construction Services Agreement:Revised 01.28.21 (v9)
40
COMPA-1 OP ID: KN
44 RL CERTIFICATE OF LIABILITY INSURANCE
DATE
04/2
YYYY)
03/ 04/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
239-945-1900 CONTACT Derek L.Hoines
PRODUCER NAME:
Olin Hill&Associates Inc. PHONE 239-945-1900 I FAX 239-945-3163
2804 Del Prado Blvd.#107
A/C,No,Est): A/C,No):
Cape Coral, FL 33904 ss:
Derek L.Hoines INSURER(S)AFFORDING COVERAGE NAIC e
INSURER A:Owners Insurance Company 32700
INSURED I INSURER B:Auto-Owners Insurance Company 18988
Compass Construction Inc Southern-Owners Insurance Co. 10190
824 Lafayette St INSURER C:
Cape Coral, FL 33904 INSURER D:National Builders Insurance Co 16632
INSURER E:
I INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE INSD S0ND POLICY NUMBER IMOINDDIWYY) IM IIDDIY1'YYI-,
LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
1,000,000
1 CLAIMS-MADE i X OCCUR X 120682922 08/17/2020 08/17/2021 PREM SES Ei oN[wrrencef $
50,000
MED EXP(Anv one person) $
5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L7AGGREGATELIMITAPPLIESPERGENERALAGGREGATE $
2,000,000
POUCY 17 28-f LOC PRODUCTS-COMP/OPAGG $
2,000,000
OTHER.
Emp Ben. 1,000,000
OC
B AUrOMOBILELIABILITY
MBEEDSINGLE LIMIT 1,000,000COaccident)
X ANY AUTO X 9667255000 08/17/2020 08117/2021 BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS ONMLY
PPeOamdTenU AM AGE
C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE
2,000,000
EXCESS LIAB CLAIMS-MADE 4237064700 08117/2020 08117/2021 AGGREGATE
2,000,000
DED X RETENTION$ Waived
D WORKERS COMPENSATION X PERTUTE ERR
TH
AND EMPLOYERS'LIABILITY YIN WCV007285111 11/25/2020 11125/2021 1,000, 000
ANY PROPRIETORIPARTNERIEXECUTIVE E L.EACH ACCIDENT
OFFICER(MEMBER EXCLUDED? N NIA
E L DISEASE-EA EMPLOYE $ 1,000,000
Mandatory m NH)
If yes,describe under E L.DISEASE-POLICY LIMIT $
1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required(
Collier County Board of County Commissioners,OR Board of CountyCommissionersinCollierCounty, OR Collier County Government,OR Collier
County included as an additional insured under the captioned CommercialGenrealLiabilityandAutomobileLiabilityPoliciesonaPrimaryandnon-
contributory basis if and to the extend required by written contract for ANY
CERTIFICATE HOLDER CANCELLATION
COLLI-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of
County Commissioners AUTHORIZED REPRESENTATIVE
3295 Tam iami Trail E.
Naples, FL 34112 API-I--
ACORD 25(2016/03)1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOLOERco COLLi-1 COMPA-1 PAGE 2
NOTEPAD. INSUREOSNAME Compass Construction Inc OP ID: KN Date 03/04/2021
an ALL work
21-7833 (Golden Gate Community Park Pool Reconstruction and Restroom
Alteration)