#24-8209 (Coastal Concrete Products, LLC) CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or
"Owner") hereby contracts with Coastal Concrete Products, LLC d/b/a Coastal Site
Development ("Contractor") of 7742 Alico Road, Fort Myers, Florida 33912, a Florida Limited
Liability Company, authorized to do business in the State of Florida, to perform all work ("Work")
in connection with "Immokalee Road at Catawba Street Median Improvements,", Invitation to
Bid No. 24-8209 ("Project"), as said Work is set forth in the Plans and Specifications prepared
by Collier County Transportation Engineering Division, 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: Five Hundred Forty-One Thousand Five Hundred and Nineteen Dollars
($541,519.00). The amount of Fifty Thousand Dollars ($50,000.00) has been allocated as an
Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid
Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather
is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount
of the allowance is expressly authorized by the Owner and formally agreed upon and
memorialized by the Parties in writing (the"Owner's Allowance"). Any dollar portion of an Owner's
Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via
Change Order, shall not be eligible for reimbursement/payment by the Owner as part of a
Payment Application submitted by the Contractor.
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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 https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Should the
Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern
the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
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 sixty (60) 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, as more particularly defined herein at Section 16,
Defined Terms. Contractor shall achieve Final Completion within thirty (30) calendar days after
the date the Punch List is delivered to the Contractor. Final Completion shall occur when the
Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by
the Owner as completed. As used herein and throughout the Contract Documents, the phrase
"Project Manager" refers to the Owner's duly authorized representative and shall mean the
Department Administrator or Division Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand Six Hundred Ninety-Nine Dollars ($1,699.00) 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
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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, and as
more particularly defined herein at Section 16, Defined Terms. 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
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, 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, as more
particularly defined herein at Section 16, Defined Terms. 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.
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Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and
made a part of this Agreement for Solicitation No. 24-8209 "Immokalee Road at Catawba Street
Median Improvements."
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 Assigned to the Project
Exhibit B-1: Payment Bond Form ❑ Not Applicable
Exhibit B-2: Performance Bond Form n Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D-1: Contractor Application for Payment Form
Exhibit D-2: Schedule of Values
Exhibit D-3: Stored Materials Record
Exhibit D-4: Cash Flow Projection
Exhibit E-1: Change Order Form
Exhibit E-2 Work Directive Form
Exhibit F-1: Certificate of Substantial Completion Form
Exhibit F-2: Certificate of Final Completion
Exhibit F-3: Punch List Form
Exhibit G-1: Final Payment Checklist
Exhibit G-2: Warranty
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 No. 24-8209 "Immokalee Road at Catawba Street Median
Improvements." The complete contract documents, including Addendum with attachments, are
available on the County's on-line bidding system, 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
nExhibit K: Permits
nExhibit L: Standard Details
ZExhibit M: Plans and Specifications prepared by:
Collier County Transportation Engineering Division
ZExhibit 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 or E-mail, addressed to the following:
Collier County Board of County Commissioners, FL
c/o Transportation Engineering Division
2885 Horseshoe Drive South
Naples, Florida 34104
Attn: Mark McCleary, Supervisor- Project Management
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Phone: (239) 252-8442
Email: Mark.McCleary colliercountyfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed
to the following:
Coastal Concrete Products, LLC d/b/a Coastal Site Development
7742 Alico Road
Fort Myers, Florida 33912
Attn: David E. Torres, Manager
Phone: (239) 208-4079
Email: David(cDtorrescompanies.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.
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.
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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.
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, as amended, and the terms of the Contract Documents.
Section 16. Construction.
(i) 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.
(ii) Defined Terms: The following Defined Terms used in the Agreement shall be
understood to be defined as expressly set forth below. Other terms referenced in the
Agreement shall be understood as they may separately be defined herein or if not so
defined shall be understood consistent with their natural and ordinary meaning.
(a) "Application for Payment" shall mean the form provided by the Owner that is to be
used by the Contractor in requesting a progress or final payment and which is to
include such supporting documentation as is required by the Contract Documents.
(b) "Construction Project" shall mean a Project, funded by Owner funds that involves
the process of building, altering, repairing, improving, or demolishing any public
structure or building, or other public improvements of any kind to any real property
owned or under the control of the Owner, which Work is being performed under a
Construction Contract.
(c) "Construction Services" shall mean all labor and materials to be provided by
Contractor in connection with the construction, alteration, repair, demolition,
reconstruction, or any other improvements to real property. Construction Services
also means Work.
(d) "Contract" or "Contract Documents" shall refer to those documents described in
Section 1, subsection A of the Agreement.
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(e) "Defective" shall mean an adjective which, when modifying the Work, refers to
Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the
Contract Documents.
(f) "Department" shall mean the Department or Division initiating and managing the
Project on behalf of the Owner.
(g) "Director" shall mean the Director or Administrator of the Department or Division
initiating and managing the Project on behalf of the Owner.
(h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced
by the signature of the Project Manager or Design Professional upon the Certificate
of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have
taken place only if and when such signature is affixed to such certificate. The
Certificate of Final Completion shall be signed only after the Project Manager has
assurance by tests, inspection, or otherwise that all of the provisions of the
Contract Documents have been carried out, including completion of the Punch List
form, Exhibit F-3.
(i) "Professional" or "Design Professional" shall mean the professional
architectural/engineering firm designated to perform the design, Construction
Engineering and Inspection ("CEI") services, by an existing agreement, or resident
in-house Owner engineering services for the Work. At times, Owner staff may
perform the design for the Work in-house and shall be considered the Professional
in relation to the Work or a particular portion of the Work.
(j) "Project" shall mean the total construction, of which the Work to be provided under
the Contract Documents may be the whole or a part as indicated elsewhere in the
Contract Documents.
(k) "Project Manager" shall mean an individual employed by the Owner and assigned
to manage and administer the Project which is the subject of the Contract
Documents.
(I) "Proper Invoice" shall mean an invoice that conforms with all statutory
requirements and all requirements specified in the Contract Documents.
(m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that
shall be completed by the Contractor after Substantial Completion but before the
Final Acceptance can be certified by the Project Manager. The Punch List
enumerates the items required to render complete, satisfactory and acceptable all
Work by the Contractor. The Punch List is developed by the Contractor, Owner
and Professional (if any) in accordance with the provisions of the Contract and
within the time frames required therein. The Punch List essentially includes items
of a minor nature; major items must be completed before Substantial Completion
and cannot be considered to be Punch List work.
(n) "Schedule of Values" shall mean a schedule showing all activities of the Work
subdivided into component parts in sufficient detail to serve as the basis for
measuring quantities in place and/or calculating amounts for progress payments
during construction. The Schedule of Values shall be satisfactory in form and
substance to the Project Manager.
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(o) "Substantial Completion" shall mean the status of completion of the Work which,
in the opinion of the Project Manager as evidenced by a definitive Certificate of
Substantial Completion, is complete in accordance with the Contract Documents,
except for minor outstanding items listed on the Punch List. Substantial
Completion includes, but is not limited to, the following occurring: (1)the Work can
be safely utilized for the purposes for which it was intended; (2) all regulatory
agency requirements are satisfied, including occupancy permits, operating
certificates and similar releases, (3) all operational testing has successfully
occurred; (4) all required training has successfully occurred; (5) all close-out
documents (such as as-built drawings, certifications, warranties, guaranties, test
reports, test logs, operational manuals, etc.) have been provided by the Contractor
and accepted by the Owner, and permit acceptance by permitting agencies, if
applicable, Exhibit F-1.
(p) "Work" shall mean the Work to be performed under this Agreement shall consist
of furnishing all plant, tools, equipment, materials, supplies, and manufactured
articles and for furnishing all transportation and services, including fuel, power,
water, and essential communications, and for the performance of all labor, work,
or other operations required for the fulfillment of the Agreement in strict accordance
with the Specifications, schedules, Drawings, and other Contract Documents as
herein defined, all of which are made a part hereof, and including such detailed
sketches as may be furnished by the Professional from time to time during
construction in explanation of said Contract Documents. The Work shall be
complete, and all work, materials, and services not expressly shown or called for
in the Contract Documents which may be necessary for the complete and proper
construction of the Work in good faith shall be performed, furnished, and installed
by the Contractor as though originally so specified or shown, at no increase in cost
to the Owner.
(q) "Written Directive" shall mean a written directive and also referred to as work
directive, as required by in Exhibit H, Section 10.1, in the form that appears in
Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties
cannot agree on price and/or costs associated with work arising from differing,
unforeseen or emergency site conditions and the work in question is part of the
"critical path" of the contract schedule. A written directive should ultimately be
followed up with an agreed upon Change Order. A verbal Work Directive may only
be issued in extraordinary emergencies when necessary to protect and promote
the public interest, which shall be followed up with a written Work Directive within
five (5) business days.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
0, TNESSES: Coastal Concrete Products, LLC
d/b/a Coastal Site D7---
evelopment
SS
d c C , i By:
11nt Name
Davi res - Manager
Pri ame and Title
S'!:0ND WITNESS
/%pi f ./I( ff Date: 04/19/2024
Print Name
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
& Comptroller OF COLLIER COUNTY FLORIDA
ill
BY:
'0 : t ast, Chajrman's Chris all, Chairman
>' si
gc)• re,only
Date: . . .d ,AO
Approved as to Form and Legality:
$ii.)
i.e.042._____
›rm-t County Attorney
& )Jde-- G-L_____
Print Name
( )1
(cAr)
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EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
12
Construction Services Agreement: [2024_ver.1] CAO
FORM 1-BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Immokalee Road at Catawba Street Median Improvements
BID NO.24-8209
Full Name of Bidder Coastal Concrete Products, LLC dba Coastal Site Development
Main Business Address 7742 Alico Road, Fort Myers, FL 33912
Place of Business 7742 Alico Road, Fort Myers, FL 33912
Telephone No. 239.208.4079 Fax No.239-334.1399
State Contractor's License it CGC1519460
State of Florida Certificate of Authority Document Number L100
Federal Tax Identification Number 27"3688614
DUNS# CCR# Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
(hereinafter called the Owner)
The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required of the Contractor by the Contract Documents,and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points
are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division
staff.
Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to
the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates
as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event
the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set
forth, as liquidated damages, for the delay and additional expense to the Owner,it being recognized that, since time
is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure,
the total amount of Owner's damages,will be difficult, if not impossible,to definitely ascertain and quantify. It is
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the S
Construction Solicitation Doc rev 04152022
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 Thirty (30) consecutive
calendar days,computed by excluding the commencement date and including the last day of such period,and to be
fully completed to the point of final acceptance by the Owner within Thirty(30)consecutive calendar days after
Substantial Completion,computed by excluding commencement date and including the last day of such period.
Acceptance and acknowledged by an Authorize Agent
David E. Torres
Signature: ,tft
Title: Manager
Date: 02/01/2024
CAO
Construction Solicitation Doc rev 04152022
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Immokalee Road at Catawba Street Median Improvements
Bid No.24-8209
Name Personnel Category
David Machado Construction Superintendent
Maritza Aguiar Project Manager
Construction Solicitation Doc rev 04152022
CAO
FORM 3-MATERIAL MANUFACTURERS I
THIS FORM MUST BE COMPLETED OR BID MAY 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: COS . I Con a Products, LLC dba Coastal Site Development
Signature: I David E. Torres Date: i/Aof
Manager
Section.B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
I.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: Coa a Co rete Products, LLC dba Coastal Site Development
David E. Torres 02/1/2024
Signature: — Manager Date __.
Construction Solicitation Doc rev 04152022
CAO
FORM 4-LIST OF MAJOR SUBCONTRACTORS
THIS FORM 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
2. Mechanical
3. Plumbing
4. Site Work
5. Identify other subcontractors To be determined
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: Coe• -I Concre roducts, LLC dba Coastal Site Development
Signature: ld L c / David E. Torres Date: 02/0 1/2024
Manager
Construction Solicitation Doc rev 04152022
CAO
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONSIBLE.
The Bidder is required provide five(5)project references, stated below,of what work of similar magnitude
completed within the last five (5) years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of the Agreement.
1 N. Collier Blvd Sidewalk Improvement Project City of Marco Island
(project name) (project owner)
Marco Island, FL 50 Bald Eagle Drive, Marco Island, FL 34145
(project location) (Owner's address)
Sidewalk&Utility Improvement Project on 951
both N & S bound lanes Mike Daniel
(project description) (Owner's contact person) (title)
2021 $699,269.01 239.825.9554 mdaniel@cityofmarcoisland.com
(project start/completion dates) (contract value) (phone) (email)
2. Beacon Manor Sidewalk and Lee County
Improvement -Project
(project name) (project owner)
Beacon Manor Drive 2115 Second Street 1st floor,
Ft Myers, FL 33901
(project location) (Owner's address)
Sidewalk Improvement Project Sal Stella
(project description) (Owner's contact person) (title)
2020 $603,174.32 239.707.9376 sstella@leegov.com
(project start/completion dates) (contract value) (phone) (email)
3.
Hanson Sidewalk Project City of Ft Myers
(project name) (project owner)
Hanson Street Ft Myers FL 2200 2nd Street, Ft Myers, FL
(project location) (Owner's address)
Sidewalk and Jhonny M. Foronda
Utility Improvement-Project
(project description) (Owner's contact person) (title)
2021 $325,210.54 jforonda@cityftmyers.com
(project start/completion dates) (contract value) (phone) (email)
Construction Solicitation Doc rev 04152022
CAO
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4.
W. Terry Street Pathway Extension City of Bonita Springs
(project owner)
(project name)
9101 Bonita BEach road SE, Bonita Spring
W. Terry Street (Owner's address)
(project location)
Roadway Extension, Utilities, Drainage, Joel Landaney
and Improvement
_....... p Project (Owner's contact person) (title)
(project description)
Joel.landaney@cityofbonitasprings.org
2022 885,796.24
_._ $ (phone) (email)
(project completion date) (contract value)
5.
City of Marco Island
Bald Eagle Shared Pathway
(project owner)
(project name)
50 Bald Eagle Drive, Marco Island, FL 34145
Bald Eagle Drive (Owner's address)
(project location)
Sidewalk and Mike Daniel
UtilityImprovement-Project j (Owner's contact person) (title)
(project description)
239.825.9554 mdaniel@cityofmarcoisland.com
2022 $ $518,600.00 (phone) (email)
(project completion date) (contract value)
Company:
C St o to Products, LLC dba Coastal Site Development
Signature: _ David E. Torres Date: 02/01/2024
Manager
Construction Solicitation Doc rev 04152022
CAO
FORM 6-TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE.
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)
Overall Trench 1. Safety LS 1 �,�
Ye) eu'
2.
3.
4.
5.
TOTAL $ o co
Company: Coast C ncrete P cts, LLC dba Coastal Site Development
Signature: pled! � David E. Torres Date: 02/01/2024
Manager
Construction Solicitation Doc rev 04152022
CAO
FORM 7-BID BOND
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONISBLE
KNOW ALL MEN BY THESE PRESENTS, that we Coastal Concrete Products,LLC
(herein after called the Principal) and
The Hanover Insurance Company , (herein called the Surety), a corporation chartered and
existing under the laws of the State of New I-Iampshire with its principal offices in the city of Worcester,MA
and authorized to do business in the State of Florida _ are held and firmly bound unto the
Collier County (hereinafter called the Owner),in the full and just sum
of Five Percent of Total Amount Bid dollars($5%of Total Amount Bid )good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally
and firmly by these presents.
Whereas,the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials,
equipment,and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No,
24-8209.
NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required
certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%of Total Amount tinted 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.
VAtilt •
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and Kthit `; fii;•,
25th day of January ,2024
Coastal Co ..,..Product LLC PrnaL`"kt r�y„ 1i � o _
...Y' Mtrg
BY gZ d f-tt•(, (Seal �5., �,4;,
The Hanover Insurance Company Sure)`y<//ir,;Sl3nPs •`
�• (Seal)
Davi .Satine,Attorney-in-Fact
Countersigned
Warren M.Alter,Florida Resident Agent ^e
Appointed Producing Agent for The Hanover Insurance Company t }e
CAO
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the
laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of
Michigan,(hereinafter individually and collectively the'Company')does hereby constitute and appoint,
Warren M.Alter and/or David T.Satlne
Of Alter Surety Group Inc.of Miami Lakes,FL each individually,if there be more than one named,as its true and lawful attomey(s)-in-fact to sign,execute,seal,
acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or
other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding
upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,
that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of
any limitation stated below:
Any such obligations In the United States,not to exceed Ten Million and No/100($10,000,000)in any single Instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directorsof said Company,and said Resolutions
remain in full force and effect:
RESOLVED: That the President or any Vice President,in conjunction with any Vice President,be and they hereby are authorized and empowered to
appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,any and all bonds,
recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the
Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and
acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and
executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent
as If all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.(Adopted October 7,1981—
The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance
Company of America and affirmed by each Company on March 24,2014)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY
OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 16th day of June,2023
self•�A 1 .
The Hanover Insurance Company The Hanover Insurance Company
Massachesett,Bay Insunnee Company II ehuseees Bay Insurance Company
Citizens Insurance Company of America t as insu nee Company of America
444110)- A.
J H.Kawieekl,Vie*President Ilan M.Mendoza,Vice President
STATE OF CONNECTICUT )
COUNTY OF HARTFORD )ss.
On this 16th day of June,2023 before me came the above named Executive Vice President and Vice Presidentof The Hanover Insurance Company,Massachusetts
Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and
acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and
subscribed to saidinstrumeniby the_authority and.djrectionpf said Corporations.
Wendy Latoumes .`� ,
Notary Public,State of Connecticut ,
•=--✓- n y Latou es, otary `u fb k
My Commission Expires July 31.2025J My commies i nex 'roe July 31,2025
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify
that the said Powers of Attorney are still in force and effect.
25th January 2024
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this_ _day of
The an a Insurance ompa
M e u Bay Ins ray
CERTIFIED COPY CI m aura cc A
i
,
CAO
ohm Rowedder,Vice President
FORM 8-INSURANCE AND BONDING REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure
and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance
provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,
where appropriate, require similar waivers of subrogation from the County's separate Vendors,Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all.work performed on behalf
of Collier County",or,the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-
insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on
the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-
renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein
shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any
policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coveragebl required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverage(s)and charge the Vendor for such
coverage(s)purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand,
the County has the right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor
shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverage()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.
CAO
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. The General Aggregate Limit Shall
be endorsed to apply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the Contractor/Vendor in the performance of this Agreement.
5. ® Automobile Liability $_1,000,000 Each Occurrence; Bodily injury & Property Damage;
Owned/Non-owned/Hired;Automobile Included
6. ❑ Other insurance as ❑ 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
0 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
0 Pollution $ Per Occurrence
❑Professional Liability $ Per claim& in the aggregate
❑ Project Professional Liability 5 Per Occurrence
❑ Valuable Papers Insurance S —Per Occurrence
0 Cyber Liability S Per Occurrence
❑Technology Errors&Omissions $—.._..._ Per Occurrence
CAO
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 and Florida Department of Transportation 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 1-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 and Florida
Department of Transportation. 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 and
Florida Department of Transportation.
12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112. Florida Department of Transportation,801 North Broadway Avenue MS
1-50,Bartow,Florida,33830.
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.
GG—5/1 1/2023
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.
Coastal Co caret Produ s LLC dba Coastal Site Development
' 02/01/2024
Ill> —it-4 David E. Torres CAO
/4 Manager
Collier County
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:
I. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project;and,
2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-
public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below,the 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.
Coastal Co' -te Product. C
dba Coa :e Develo• - t
Company Name
Signature
David E.Torres
Manager Print Name and Title
State of FLORIDA
County of LEE
The foregoing instrument was acknowledged before me by means of 0 p -si'al presenc' or • online notarization,
this 1st day of February (month), 2024 (year),by David E orre. (name
of person acknowledging). ��, �
gnature o'Notary Public-State of Florida)
(Print,Type,or Stamp Comm issi ned IptTmlOof Florida
► za Aguiar
Personally Known OR Produced Identification _04'4. My Commission
kin'MI"Ho NH 207493
Type of Identification Produced xp 12/14/2o25
CAO
Co icy County
Procurement Servic,s Division
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 1 St day of February ,2024 in
the County of , in the State of
Finn's Legal Coastal Concrete Products, LLC dba Coastal Site Development
Name:
Address: 7742 Alico Road
City, State,Zip Ft Myers, FL 33912
Code:
Florida L10000107847
Certificate of
Authority
Document
Number 27-3688614
Federal Tax
Identification
Number
*CCR#or
CAGE Code
*Only if Grant
Funded
Telephone: 239.208.4079
Email: David@tor esc mpani .c -m
Signature by:
(Typed and
written)
Title: David E. Torres Manager
CAO
Additional Contact Information
Send payments to:
(required if different Company name used as payee
from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different
from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
Email:
Secondary Contact for Maritza Aguiar
this Solicitation:
Email: Maguiar@coastalsitework.com
Phone: 239.404.8705
CAO
Go L Co14. 1tV
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)) that it is aware of and in compliance with the requirements set forth in Florida
Statutes§448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposal/bid.
Coastal Concrete Products, LLC
dba stal Sit evelopment
Company Name
Signature
David E. Torres Manager _
Print Name and Title
State of FLORIDA
County of LEE
The foregoing instrument was acknowledged before me by means of 12 phy ' 1 presence 0 online notarization,
this 1st day of February (month), 2024 (year),by David E. rr (name
of person acknowledging).
( t natur of Notary Public -State of Florida)
Notary Public State of Florida
(Print,Ty e _m au-o n anie of otary Public)
Personally Known OR Produced Identification ? ililti!" HH 2O7493
Exp,12/14/2025
•
Type of Identification Produced
CAO
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. FAILURE
TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON-
RESPONSIBLE.
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.
I. Signed Grant Provisions and Assurances package in its entirety, if applicable,are executed and
should be included with your submittal.
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.)
e. Vendor W-9 Form
10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been
submitted.
1 1. Any addenda have been signed and acknowledgement form attached and included.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise
the Bid cannot be considered.
CAO
• 2023-2024 <,
LEE COUNTY LOCAL BUSINESS.TAX RECEIPT
Account Number: 1033847 ...Account Expires: 'September.30,.2024
Receipt Number: 1402634. .
State License Number: CGC1519460 May engage in the businessofl.
Location: • GENERAL CONTRACTOR-CERTIFIED
7730.ALICO RD
FT MYERS,FL 33912 • .
•
THIS'LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
COASTAL CONCRETE PRODUCTS LLC Payment Infoiulationi
TORRES PAYED$.
7730 ALICO RD PAID 1NT•00-01434811 08/23/2023
FT MYERS,FL 33912 • $50.00
•
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CAO
DIVIs1c1,7 OF CORPORATIONS
c'/,E,Mi i j •l 0I
4.71.• • rgf/ jIR Arilifjr
eta oily Ill! :utal,ci/'/uctf/i1 r eliSiff'
Department of State / Pivision of corporation$ / Search Records / Search by End Namf /
Detail by Entity Name
Florida Limited Liability Company
COASTAL CONCRETE PRODUCTS, LLC
Filing Information
Document Number L10000107847 •
FEI/EIN Number 27-3688614
Date Filed 10/15/2010
Effective Date 10/15/2010
State FL
Status ACTIVE
Principal Address
7742 Alico Rd
Ft. Myers, FL 33912
Changed: 01/23/2014
Mailing Address
7742 Alico Rd
Ft. Myers, FL 33912
Changed:01/23/2014
Registered Agent Name&Address
TORRES, DAVID E
7742 Alico Rd
Ft. Myers, FL 33912
Address Changed:01/23/2014
Authorized Person(s) Detail
Name &Address
Title MGR
TORRES, DAVID E
7742 Alico Rd
Ft. Myers, FL 33912
Annual Reports
Report Year Filed Date CAO
2021 02/01/2021
2022 01/24/2022
2023 03/30/2023
Document Imacgga
Q . Q/2Q.22.a_-...A L ..AL RI EQRI View image in PDF format i
Q1/24/2022--ANL`JU.P R DRI View image In PDF format
Q2/01/2021--ANNUAL REPORT View Image In PDF format
03/29/202Q=ANNUAL REPORT View Image In PDF format
Q2/25/209 -ANN 1IA EQRT View Image In PDF format
01/18/2018--ANNUAL REPORT View image In PDF format
01/12/2017--ANNUAL REPORT View Image In PDF format J
01L25/2016--ANNUAL$SPORT View Image in PDF format
01/12/2015--ANNUAL REPORT View image in PDF format
01/23/2014--ANNUAL REPORT View image in PDF format
Q1J22/2013.:=_A 1H,<IA_L..REROR7 View Image In PDF format
02/03/2012--ANNUAL REPORT View image In PDF format
031n2/2,011;-_ANNtyJAL,REPORT View image In PDF format j
10/1.00.10 -_.E.,lori0Ljmitod_LioWily View Image In PDF format
CAO
- eri .
E .,,,,,,..., ,,L.r
1ti. }E III
i VSAISY ISA SSAVICS Of DNSAIID SSA
Company ID Number: 422570
Approved by:
Employer
Coastal Concrete Products, LLD
Name(Please Type or Print) Title
David E Torres
Signature Date
Electronically Signed 06/13/2011
Department of Homeland Security-Verification Division
Name(Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 06/13/2011
Page 13 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13
CAO
E-Verify xF ' 1..,\
6VSAIFY IS A StOVICt OF OHS APO SSA
Company ID Number: 422570
Information Required for the E-Verify Program
Information relating to your Company:
Coastal Concrete Products, LLC
Company Name
7742 Alico Rd
Fort Myers, FL 33912
Company Facility Address
Company Alternate Address
County or Parish LEE
Employer Identification Number 273688614
North American Industry
Classification Systems Code 238
Parent Company
Number of Employees 20 to 99
Number of Sites Verified for 1 site(s)
Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CAO
E-Verify 01ND
{�V{NISY I3A KNVKS D! N0AND UN
Company ID Number: 422570
Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State:
FL 1
Page 15 of 17 E-Verify MOU for Employers Revision Date 06/01/13
CAO
EVenly H
N f O„l T
S.VSRISY IS A SARVICS Of DNS AND SSA
Company ID Number: 42257o
Information relating to the Program Administrator(s)for your Company on policy questions or operational
problems:
Name Charlotte M Walkup
Phone Number 2392084079
Fax 2392631058
Email cwalkuo ancoastalconcreteoroducts.com
Name David E Torres
Phone Number 2392639700
Fax 2392631058
Email dtorresna..coastalconcreteorod.com
Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CAO
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..,_
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
David Machado Construction Superintendent
Maritza Aguiar Project Manager
13 CA
Construction Services Agreement: [2024_ver.1]
EXHIBIT B-1: PUBLIC PAYMENT BOND
(Following This Page)
14 CAO
Construction Services Agreement:[2024_ver.1]
EXHIBIT B—1: PUBLIC PAYMENT BOND
Bond No. 1102952 Contract No. 24-8209
KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products, LLC dba Coastal Site Development
as Principal/Contractor, and The Hanover Insurance Company , as Surety.
located at 440 Lincoln Street, Worcester, MA 01653-0002.
(Business Address) are held and firmly bound to Collier County Board of County Commissioners
as Oblige in the sum of Five Hundred Ninety One Thousand, Five Hundred Nineteen Dollars
($ 591,519.00 ), this includes allowance 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 they day of I(\Aft , 20'`
with Oblige for Immokalee Road at Catawba Street Median (Project) in accordance with
Improvements
drawings and specifications, which contract is incorporated by reference and made a part hereof
and is.referred to 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 pond 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 255.0592. 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 26th day of
April , 2024 the name of undersigned representative, pursuant to authority of
its governing body,
e.,_,)
LCAO
(2024 ver.t t
• �\111ttillllt/j/
�\ V �",
�� GAS * LJ/�i
'� .O;/
i'Ca.;.iA ! 'Sk'
• t: ` - !ed;:se ld delivered in the-presence of:
J�N a .till` `, N C -. # stal C rote Products, LLC dba Coastal Site Development
7 ,/
�//jj 0
/L
Nam and Titl
STATE t F;, Qp`
t UN`>I`Y OF
The foregoing in. lment was acknowled edxir+e the by means of sisal°presence or
_ ., 1 r y y .ak,., C.,online natarrzati'trt, this. ;��ay of o
as t d ik... --; - - of _ -,�� ' Ili
i .01: " corporation, on behalf of the corporation. He/She is per~onill fin£
to me OR has produced _ identificatkn a "
not)take;an oath.
My Corrii�r' sion Expires. I 211 4jZ �
£ ur .oT cat ry . ,
F i E� l ila>e t Florida _ 7 ,� (.L�/
Maritza Aguiar (Legibly Printed) _
My Commission
t
""1111""' HH 2O7493 Notary Pir llc,State of: . � i „ �;
Exp.�2ttai2o25
1 � -�, .
Commission No.:
SURETY: The Hanover Insurance Company
440 Lincoln Street
Authorized Signature Worcester, MA.01653-0002,
(Printed-;Name) (Business Address)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presehO4br
online notarization,this day of _ 20_by
as of a
corporation, on behalf Ofthe corporation. He/She is personally known
to me OR has produced identification and did (did
not)take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
OR.POWER OF ATTORNEY IN FACT
ttWr1l
Df , itti
101t10i11t! ,
.,A Merl' p t Signature
t„A
4 . j
0•#Var ' '
:. ,�' Iter �-
si .4/F r`,,(4,
�;, •79; a'" st Street • _8..._
A.
(BUS ess Address)
STATE OF Florida
COUNTY OF Miami-Dade
The foregoing instrument was acknowledged before me by means of x physical presence or
online notarization, this 22nd day of April 20 24 by Warren M. Alter
as Attorney-In-Fact of The Hanover Insurance Company a R,
New Hampshire corporation, on behalf of the corporation, He;fShe is personally known
to OR has produced Personally Known -'taentificatiofi"an (did
not)take an oath.
My Commission'Expires:April 11th, 2026
1 I DOR (Signe ure;of otary)
(AFFidEAL)
STATE OF F ONMDA Name: Doreen Shearin
NO.HH2411722 (Legibly Printed)
MY COMMISSION EXPIRES APR.11,2026 Notary Public, State of Florida
Commission No.: HH248723
The provisions and limitation of section 255.05 Florida Statutes, including but not limited
to the notice and time limitations in sections 255.05(2) and 255.05(10), are incorporated
in this bond by reference.
GAG) :
dA
i
[2024.yer.ij.
i
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
(Following This Page)
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• 15
Construction Services Agreement: [2024_ver.1]
EXHIBIT B—2: PUBLIC PERFORMANCE BOND
Bond No. 1102952 Contract No. 24-8209
KNOW ALL MEN BY THESE PRESENTS: That Coastal Concrete Products. LLC dba Coastal Site Development
as Principal/Contractor, and The Hanover Insurance Company , as Surety,
located at 440 Lincoln Street, Worcester, MA. 01653-0002
(Business Address) are neld and firmly bound to Collier County Board of County Commissioners
as Oblige in the sum of Five Hundred Ninety-One Thousand, Five Hundred Nineteen Dollars
($ 591,519.00 j, 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. If is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 26thday of
April , 20 24 , the name of each party being affixed, and these presents duly
signed by its undersigned representative. pursuant to authority of its governing body.
(-AriNi)
[2024 ver.11
l\11111111,
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Vd, ••
Signed, seale**delliveyed in the presence ofCoastal Concrete Products, LLC dba Coastal Site Development
-,,,,(t • , -.:-'.t ;_i4,,„
fgrfature '
-, .. -....;,.••
-,..•• •••\' •• - .
rtLY
Name and ti1e
STATE OF
COUNTY OF . ...
.
The foregoing instrument was acknowledged before me by means of (-- physical presence or
onftpotarization, this', te'day of / , , 204,E...by D/AVID t-- • II.-
as I I Ti' l'' 1 i of t:ri-rct_t_ K . ,--inz..4.,4_,POJelit/' LIE'l
A k dcirporation, on behalf of the corporation, He/She Is personally known
to me OR has produced identification and did (did
not)take an oath.
My Commission Expires: /21/(I-I ZS-
(Signature f ot ry),
(AFF141,5C-PtitisX --,
tyu c State of Fr loida
4 _ Maritza Agular (Legibly Printed)
mYti5°2r8r7n;ten Notary Public, State of
Exp.12/14/2025 Commission No.: iiti--../-0 7 91/-..7.-i
':...: • 1 ETY; T e Hanover Insurance Company
..:.., -__)"., 1 L.....,...-------
r4leflix,
ha*I•Olifgnature 440 Lincoln Street
Worcester, MA. 01653-0002
'51"'41"ft-Wairiip."Wittter,Attorney-In-Fact
(Business Address)
t5F Florida
COUNTYOr-Miami-Dade
The foregoing instrument was acknowledged before me by means of x physical presence or
online notarization,this 22nd day of April 2024 by Warren M. Alter ,
as Attorney-In-Fact of The Hanover lnsu ce Company a
New Hampshire corporation, on behalf of the corporation, II / he is perssinallyismwri
to me OR has produced Personally Known - identification and did (did
not)lake an oath.
_.—......
MY ComMission Expires:April 11th, 2026
(Sign ture of otary)
(AFFIX OFFICIAL SEAL) Doreen Shearin ,...
(Legibly Printed)
Notary Public,State of Florida
DOREEN SKARN Commission No.; HH248723
NOTARY PUSUC
STATE OF FLORIDA
NO.HH246723
MY COMMISSION EXPIRES APR.11,2026
......., -
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the
laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of
Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint,
Warren M.Alter and/or David T.Satine
Of Alter Surety Group Inc.of Miami Lakes,FL each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute,seal,
acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or
other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding
upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,
that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of
any limitation stated below:
Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions
remain in full force and effect:
RESOLVED: That the President or any Vice President,in conjunction with any Vice President,be and they hereby are authorized and empowered to
appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,any and all bonds,
recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the
Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and
acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and
executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent
as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.(Adopted October 7,1981—
The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance
Company of America and affirmed by each Company on March 24,2014)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY
OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 16th day of June,2023
•
or
The Hammer tnsrraace Company The t1aaovu tnsuraacc Company
Mob Nay loss mtea Cempswy huswas limy is*mace Company
Citizens Iusuraice CMarpaay.atAmerica lasu Cosepaay of America
41444104A
J 1f.lKewieakl,Vk+t Pntreldent Men Mendoza.Mire President
STATE OF CONNECTICUT )
COUNTY OF HARTFORD )ss.
On this 16th day of June,2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company,Massachusetts
Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and
acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,respectively, and that the said corporate seals and their signatures as officers were duly affixed and
su¢scrib d to said instrument by the authority and direction of said Corporations.
Wendy Latoumes
Pubic.Mary Stile el COMMICtka
.., , My Coteniseba ExpiresJuly 31.2025 My C n 011111114 eX it.*July 31,2025
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify
that the said Powers of Attorney are still in force aim]effect: ,
�." 2024
GIVEN under my hand and the seals of said,,Ca npanies;at Worcester„(vassachusetts,this_ _day of_
j..
The tesenteee
CERTIFIED COPY `jew`� 7 to '��
r:,-11i 111111%1 a bier,Vice Prdridrat
EXHIBIT B-3: INSURANCE REQUIREMENTS
(Following This Page)
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Construction Services Agreement: [2024_ver.1]
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 herein. 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 herein
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
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.
S
[2024 ver.1]
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
(Template Form Following This Page)
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Construction Services Agreement: [2024_ver.1]
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (
STATE OF (
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 its 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's Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of_ physical presence or_ online notarization,
this_day of 20_ by , as
of a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
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[2024_ver.1]
EXHIBIT D-1
CONTRACTOR APPLICATION FOR PAYMENT FORM
(Template Form Following This Page)
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Construction Services Agreement: [2024_ver.1]
EXHIBIT D-1
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% $ Retainage @ 5% through [Insert $
through [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 0/0
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:
CAO
[2024_ver.1]
EXHIBIT D-2
SCHEDULE OF VALUES
(Template Form Following This Page)
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19
Construction Services Agreement:[2024_ver.1]
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EXHIBIT D-3
STORED MATERIALS
(Template Form Following This Page)
CAO
20
Construction Services Agreement:[2024_ver.1]
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EXHIBIT D-4
CASH FLOW PROJECTION
(Template Form Following This Page)
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21
Construction Services Agreement: [2024_ver.1]
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a CA r-ICAO
EXHIBIT E-1: CHANGE ORDER
(Template Form Following This Page)
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22
Construction Services Agreement:[2024_ver.1]
Co 7f r 'County
Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Select One: ❑ Contract Modification (Construction or Project Specific) ❑ Work Order Modification
Project Manager Name: Division Name:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date(MASTER)
Dollar Amount of this Change o.00% Total %Change from Original Amount
Revised Contract/Work Order Total $o.00 o.00% %Change from Current BCC Approved Amount
Total Cumulative Changes $o.00 o.00% % Change from Current Amount
Notice to Proceed Original NTP Original Final Last Final
Date #of Days Completion Date Approved Date
#of Days Added Revised Final Date Current Substantial Completion Date
(includes this change) (if applicable)
Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or
documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete
summary on next page. Check all that apply to this Change Order request: ❑ Add Time; ❑Add funds; ❑ Use of Allowance;
❑ Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other(must be explained in detail below)
1.) Detail of change/s to be made through this Change Order.
2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of
days remaining or "N/A" if not applicable.
3.) Explain why this change was not included in the original contract/Work Order.
4.) Describe the impact if this change is not processed.
Page 1 of 4 CAO
Change Order Form (2024_ver.1)
CO Ter County
Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Change Order/Amendment Summary
(If additional spaces needed, attached a separate Summary page to this amendment request)
COST TIME
CO# AMD# Description Additive Deductive Days Total New Justification
(+) (-) Added Time
❑ Check here if additional summary page/s are attached to this Change Order
Page2of4 CAO
Change Order Form (2023_ver.1)
io t
o
*
Cer County
Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be
subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if
the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final
settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or related
to the change set forth herein, including claims for impact and delay costs.
Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of
the Company or listed as the qualified licensed Professional "Project Coordinator"or Design/Engineer Professional
under the agreement. Signature authority of person signing will be verified through the contract OR through the
Florida Department of State, Division of Corporations (Sunbiz) website (https://dos.mvflorida.com%sunbiz/search/).
If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the
company giving that person signature authority.
Prepared by: Date:
Signature-Division Project Manager
Printed Name
Accepted by: Date:
Signature- Design/Engineer Professional (if applicable)
Printed Name/Title/Company Name
Accepted by: Date:
Signature-Contractor/Consultant/Vendor
Printed Name/Title/Company Name
Approved by: Date:
Signature-Division Manager or Designee(Optional)
Printed Name
Approved by: Date:
Signature-Division Director or Designee(Optional)
Printed Name
Approved by: Date:
Signature-Division Administrator or Designee (Optional)
Printed Name
Page 3 of 4 CAO
Change Order Form (2024_ver.1)
Co 7 -r County
Procurement Services Change Order Form
Contract# CO# PO# Project#:
Project Name:
Contractor/Consultant Name:
FOR PROCURMENT USE ONLY
FY CHO Request#
Approved by:
Signature-Procurement Professional Signature/Date
Approved by:
Signature-Procurement Manager/Director(OPTIONAL)
APPROVAL TYPE:
❑ Administrative El Administrative-BCC Report ❑ BCC Stand-Alone ES (BCC Approval Required)
BCC APPROVAL
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS
and Comptroller COLLIER COUNTY, FLORIDA
By: By:
, Chairman
Dated:
Date:
(SEAL) Agenda#
Approved as to Form and Legality:
Deputy County Attorney
Print Name
Page 4 of 4 CAO
Change Order Form (2024_ver.1)
EXHIBIT E-2:
WORK DIRECTIVE FORM
(Template Form Following This Page)
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Construction Services Agreement:[2024_ver.1]
EXHIBIT E-2
WORK DIRECTIVE CHANGE
PROJECT NAME: CHANGE #
DATE OF ISSUANCE: EFFECTIVE DATE:
OWNER: Collier County Board of Commissioners PROJECT#:
CONTRACTOR: ENGINEER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Directive Change:
Attachments:
If a claim is made that the above change(s)have affected Contract amount or Contract Times any claim for
a Change Order based thereon will involve one or more of the following methods of determining the effect
of the changes(s).
Method of determining change in Contract amount: Method of determining change in Contract
Times:
❑ Unit Prices ❑ CONTRACTOR's records
❑ Lump Sum ❑ Engineer's record
❑ Other ❑ Other
A not-to-exceed itemized estimated increase Estimated change in Contract Time:
(decrease) in Contract amount:
$ Increase or decrease by calendar days.
RECOMMENDED: AUTHORIZED:
By: By:
Engineer/Design Professional Owner's Representative
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[2024_ver.I]
EXHIBIT F-1
CERTIFICATE OF SUBSTANTIAL COMPLETION FORM
(Template Form Following This Page)
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Construction Services Agreement: [2024_ver.1]
EXHIBIT F-1
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional 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
EA—o)
[2024 ver.1]
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 final punch list shall be completed or corrected by CONTRACTOR
within days of the above date of Substantial Completion and Contractor shall provide
Owner with written notice that all punch list items have been completed.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance, and warranties shall be as follows:
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
Signature of Design Professional Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on , 20_
and will submit within five calendar days, an approved pay application to bccapclerk@collierclerk.com.
The pay application will include regular schedule of value scope work to be billed and all work to be
billed for all change orders.
Signature of Contractor Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
Signature of Owner Type Name and Title
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EXHIBIT F-2
CERTIFICATE OF FINAL COMPLETION FORM
(Template Form Following This Page)
1:110
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EXHIBIT F-2
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. Design Professional Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents. The warranty
in Exhibit G-2 is attached to and made a part of this Certificate.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL
COMPLETION
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Intentionally left blank
Executed by Design Professional on , 20
Signature of Design Professional Type Name and Title
CONTRACTOR accepts this Certificate of Final Substantial on this , 20_
Signature of Contractor Type Name and Title
OWNER accepts this Certificate of Final Substantial on this , 20
Signature of Owner Type Name and Title
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EXHIBIT F-3
PUNCH LIST FORM
(Template Form Following This Page)
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EXHIBIT F-3 PUNCH LIST FORM
Item Description Value Completion Date Dated Approved
No. by Owner
Subtotal x 150%
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EXHIBIT G-1
FINAL PAYMENT CHECKLIST
(Template Form Following This Page)
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Construction Services Agreement: [2024_ver.1]
EXHIBIT G-1: 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
J I I I 2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
� 0
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:
a o
I-1 10. Consent of Surety received on
I"1 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:
0 0 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:
Executed by Design Professional on , 20
Signature of Design Professional Type Name and Title
Executed by Contractor on , 20
Signature of Contractor Type Name and Title
Executed by Owner on , 20
Signature of Owner Type Name and Title
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EXHIBIT G-2
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the
undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done
and executed under the contract either directly performed by the CONTRACTOR or at
the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Substantial Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract
shall be free of all defects of materials and workmanship for a period of one year from
the DATE OF SUBSTANTIAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair
all defective work and materials and all other work damaged by any defective work upon
written demand by the COUNTY. It is further understood that further consideration for
this warranty and guaranty is the consideration given for the requirement pursuant to the
general conditions and specifications under which the contract was let that such warranty
and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the
work performed under the contract and does not constitute a waiver of any rights provided
pursuant to Florida Statutes, Chapter 95, et seq.
CONTRACTOR: WITNESS:
Signature Signature
Name Printed and Title Name Printed
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[2024_ver.1]
EXHIBIT G-2
WARRANTY
(Template Form Following This Page)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization, or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
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2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after the Board's award of the Agreement, 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 At least ten (10) days prior to submitting the monthly Application for Payment, the Contractor
shall submit to the Project Manager a final schedule of values and "cash flow projection" that
establishes the projected date for the construction/installation for all activities of the Work shown on
the accepted schedule, including quantities and unit prices totaling to the Contract Price. The
Schedule of Values shall be satisfactory in form and substance to the Project Manager and shall
subdivide the Work into component parts in sufficient detail to serve as the basis for measuring
quantities in place and calculating amounts for the Contractor's monthly progress payments during
construction. Further, it shall include 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.
Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification
for rejection of the Schedule of Values. The Contractor shall not submit an unbalanced schedule of
values which provides for overpayment to the Contractor on activities that would be performed first.
The schedule of values shall be revised and resubmitted until acceptable to the Project Manager.
Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its
option) throughout the Contract to require that the Contractor honor a particular price contained in
the schedule of values, if the activity pertaining to it is being deleted or modified. Upon approval of
the schedule of values by the Project Manager, it shall be incorporated into the form of Application
for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the
Contractor's monthly Applications for Payment. The 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.
4.2 The first Application for Payment shall be submitted no earlier than thirty (30) days after the
Commencement Date, and monthly thereafter, but not more often than once a month or prior to
substantial completion being met. 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
agreed to by the Owner in writing, the Application for Payment shall also 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 form attached
hereto and made a part hereof as Exhibit D-3.
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4.4 The cash flow projection shall be a fixed monthly projection of the value of Work in place. If
the actual cash flow (represented by the Application for Payment) for any month is less than eighty-
five percent (85%) of the projected amount for that month (as established by the Contractor in the
cash flow projection form it submits), then the Contractor may be barred from bidding other County
projects until the value of Work in place is corrected and within ninety-five (95%) of the projected
value. (See attached Exhibit D-4, Cash Flow Projection form).
4.5 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). Within
twenty (20) business days 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 therefor; or (3) return the
Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve
payment. Payments of proper invoices shall be processed in accordance with Section 218.735, F.S.
and the terms of the Contract Documents.
4.6 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
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.7 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.
4.8 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.9 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.
4.10 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
Cash Flow Projection, 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
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completion of the Work shall modify the time of payments to Contractor as set forth in Exhibit D-4,
Cash Flow Projection.
4.11 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.
4.12 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.13 The Owner 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 Owner may not accept
any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card
for transactions relating to this agreement.
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 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.
5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up
the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the
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Company and any business, corporation, partnership, limited liability company or other entity in
which the Company or a Parent or a Subsidiary of the Company holds any ownership interest,
directly or indirectly.
6. FINAL PAYMENT.
6.1 Owner shall make Final Payment to Contractor in accordance with Section 218.735, F.S. and
the terms of the Contract Documents 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 form 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 Acceptance and 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.
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 to Proceed 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
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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
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);
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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
(e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As-Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed, or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(�colliercountvfl.gov
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The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and materialmen, 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.
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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 in the form of a Work Directive, Exhibit
E-2, and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or changed
work orally. Any alleged changes must be approved by Owner in writing prior to starting such items.
Owner will not be responsible for the costs of any changes commenced without Owner's express
prior written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such
items are in fact not a change but rather are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by
Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make
a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any
claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right
to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim
with respect to Contractor's costs associated with any Payment Application, Change Order or Work
Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
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the intent of the Contract Documents. Such changes may be affected 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, as amended and the terms of the Contract Documents in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
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 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
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benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify, and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner,
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in 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
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referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, including the
requirements set forth in Florida Statute, §448.095.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
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
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shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
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
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subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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
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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.
Substantial Completion and Development of the Punch List
20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When
the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the
Project Manager that the Project is Substantially Complete in accordance with the Contract
Documents and request the Project Manager to inspect the Work and to issue a Certificate of
Substantial Completion. Prior to making such a request the Contractor must:
a) Complete all Work necessary for the safe, proper and complete use or operation
of the Project as intended, including: all regulatory agency requirements are
satisfied, including occupancy permits; operating certificates and similar releases;
all operational testing has successfully occurred; all required training has
successfully occurred; all close-out documents (such as as-built drawings,
certifications, warranties, guaranties, test reports test logs, operational manuals,
etc.) have been provided by Contractor and accepted by Owner.
b) Prepare a Contractor-generated punch list (i.e., a list of all items required to render
the Project complete, satisfactory, and acceptable, for submission with the request
for inspection and issuance of a certificate of Substantial Completion), which shall
include and list separately the estimated cost to complete each remaining
unfinished item included on the list with an explanation as to the basis for those
costs, substantiated by the Schedule of Values, subject to the Owner's final review
and approval as stated below.
c) Upon receipt of the request from the Contractor, the Project Manager, assisted by
the Professional, if any, and other Owner personnel, as appropriate, shall review
the request, the Work and the Contractor-generated Punch List to determine
whether the Work is ready for Substantial Completion inspection. If this review
fails to support Substantial Completion inspection, the Project Manager shall so
notify the Contractor citing the reasons for rejection. If the Project Manager and
Professional (if any) determine the Work is ready for Substantial Completion
inspection, the following procedures will be followed:
1. The Project Manager will, within a reasonable time, schedule, and conduct
inspection(s) of the Work with the Professional (if any), other Owner
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personnel as required, and the Contractor for the purpose of formally
reviewing the status of completion of the Work, the readiness of the Project
for use and the Contractor-generated Punch List. A copy of the Contractor-
generated punch list will be provided to all participants and any additional
items noted during the inspection will be added to the list. The Project
Manager, the Professional, their representatives and other Owner
representatives will review the Work and the Contractor-generated punch
list to assure all deficiencies are noted on a final document (Exhibit F-3
Punch List Form). The Punch List must include all items required to render
the Project complete, satisfactory and acceptable. If Project Manager and
Contractor disagree on whether an item belongs on the Punch List, the
Project Manager has the final say on whether the item is included or not.
The Punch List shall be finalized and issued to the Contractor by the Owner
within the time frames indicated below.
2. If upon completion of the inspection(s) the Owner does not consider the
Project Substantially Complete, the Project Manager will notify the
Contractor in writing giving reasons why the Project is not Substantially
Complete.
3. If, upon completion of the inspection(s), the Owner considers the Project
Substantially Complete, the Project Manager shall prepare a Certificate of
Substantial Completion to establish the date for Substantial Completion as
the date of the completed inspection(s). The Certificate of Substantial
Completion shall be approved by the Owner upon the signature of both the
Project Manager and the Professional and shall be issued to the
Contractor. The Certificate shall fix the date of Substantial Completion.
4. Substantial Completion cannot occur until all conditions necessary for safe
and proper use, occupancy, maintenance, and operations are in place.
20.2 Time Frames for Issuance of the Punch List
(a) The Owner shall issue the Punch List to the Contractor within the time frames
described below, provided that the Contractor has completed its obligations in
providing a proper contractor-generated Punch List prior to the Substantial
Completion inspection.
(b) For construction estimated to cost less than ten million dollars
($10,000,000.00), the Punch List must be finalized within thirty (30) Days after
the Substantial Completion date.
(c) For construction projects estimated to cost more than ten million dollars
($10,000,000.00), the Punch List must be finalized and issued within forty-five
(45) Days after the Substantial Completion date.
(d) For construction projects involving more than one building or structure or
multiple phases, the Punch List must be prepared for each building, structure
or phase within thirty (30) Days of the Substantial Completion date of a
particular building, structure or phase if it is estimated to cost less than ten
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million dollars ($10,000,000.00) or within forty-five (45) Days if it is estimated
to cost more than ten million dollars ($10,000,000.00).
(e) If the development of the Punch List takes the full amount of time designated
(or a portion thereof) and includes a tentative punch-list based upon the above
dollar amount thresholds, the delivery of the Punch List of items shall be
delivered by the Owner no later than five (5) business days thereafter. Within
twenty (20) business days after the delivery of the Punch List to the Contractor,
the Owner must pay the Contractor the remaining contract balance owed, that
includes all retainage previously withheld by Owner less an amount equal to
150 percent (150%) of the estimated cost to complete the items on the Punch
List. At the same time the Owner delivers the Punch List Contractor shall submit
a payment application requesting that Owner pay the Contractor the remaining
contract balance owed including all retainage previously held by Owner less an
amount equal to 150 percent (150%) of the estimated cost to complete the items
on the Punch List.
(f) The failure to include any corrective work or pending items not yet completed
on the Punch List does not alter the responsibility of Contractor to complete all
the construction services purchased pursuant to the Contract Documents.
(g) 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 Punch List. The Project Manager, shall coordinate with the Contractor
the return of any surplus assets, including materials, supplies, and equipment.
20.3 Completion of Punch List Work and Release of Remaining Contract Balance
(a) Upon completion of the Punch List Work, the Contractor shall certify in writing
to the Project Manager that all Punch List Work has been completed in
accordance with the Contract Documents and request the Project Manager to
inspect the Work and to approve Punch List completion. If, in the Project
Manager's opinion, the Work is not ready for such inspection, the Project
Manager will so inform the Contractor, giving reasons for such opinion. If the
Project Manager is satisfied that an inspection is warranted, the Project
Manager will, within a reasonable time, schedule and conduct inspection(s) of
the facility with representatives of the Owner's user department, the
Professional (if any), and the Contractor, for the purpose of formally reviewing
the completion of Punch List Work. If the Project Manager and the Contractor
disagree on whether an item remains incomplete, the Project Manager has the
final say on whether the item is complete or not.
(b) If, upon completion of the inspection(s) the Owner does not consider the Punch
List Work complete, the Project Manager will notify the Contractor in writing
giving specific reasons why the Punch List Work is not complete.
(c) Upon completion of all items on the Punch List, the Contractor may submit a
Payment Request for the remaining amount withheld by the Owner. If a good-
faith dispute exists as to whether one or more items identified on the list have
been completed pursuant to the Contract Documents, the Owner may continue
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to withhold an amount not to exceed one hundred and fifty percent (150%) of
the total costs to complete such items. This remaining balance of retainage
may be requested by the Contractor in its Application for Final Payment after
Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final
Completion).
(d) All items that require correction under the Contract Documents and that are
identified after the preparation and delivery of the Punch List shall remain the
obligation of the Contractor.
(e) Warranty Items may not affect the Final Payment of retainage pursuant to
Section 218.735(7)(f), Florida Statutes.
(f) If the Owner fails to comply with its responsibilities to assist in developing the
Punch List within the time frame applicable to the Project (as described above),
the Contractor may submit a request for all remaining retainage withheld by the
Owner. The Owner need not pay or process any payment request for retainage
if Contractor has, in whole or part, failed to cooperate with the Owner in
development of the Punch List or failed to perform its contractual responsibilities
with regard to development of the Punch List. Additionally, the Owner does not
have to pay or release any amounts that are the subject of a good-faith dispute,
the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or
otherwise the subject of a claim or demand by the Owner or Contractor.
20.4 Final Completion
(a) Upon written notice from the Contractor that the Project is complete, the Project
Manager shall schedule a final inspection with the Contractor, the Design
Professional, and any other personnel requested by the Project Manager. The
Project Manager shall notify the Contractor in writing of any Work this inspection
reveals to be defective, or otherwise not in accordance with the Contract
Documents. The Contractor shall immediately take such action as may be
necessary to remedy such defects and bring the Project into full compliance
with the Contract Documents and then request another inspection.
(b) Final Completion of the Work shall be achieved by the Contractor when all the
Work required under the Contract Documents has been satisfactorily
completed, including all Punch List work, and specifically as noted in the
Specifications section.
(c) After the Project Manager has determined that all Work has been completed,
the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for
the Work.
20.5 Application for Final Payment
After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the
Project Manager, the Contractor may make Application for Final Payment following the
procedure for progress payments. As an explicit condition precedent to the accrual of
Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly
executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well
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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, including but not limited to:
(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, Exhibit G-1.
(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.
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-1.
20.6 Approval of Final Payment
(a) If, on the basis of the Project Manager's observations and review of Work during
Construction, final inspection, and review of the Application for Final Payment
(all as required by the Contract Documents), the Project Manager is satisfied
that the Work has been completed and the Contractor has fulfilled all of its
obligations under the Contract Documents, the Project Manager will, within ten
(10) days after receipt of the Application for Final Payment, indicate in writing
that the entire remaining balance is found to be due and payable to the
Contractor and approve payment. Otherwise, the Project Manager will return
the Application to the Contractor, indicating in writing the reason for refusing to
approve for Final Payment, in which case the Contractor will make the
necessary corrections and resubmit the Application. 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.
(b) 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.
(c) The Contractor's obligation to perform the Work and complete the Project in
accordance with the Contract Documents shall be absolute. Neither approval
of any progress or Final Payment, the issuance of a Certificate of Substantial
Completion, any payment by the Owner to the Contractor under the Contract
Documents, any use or occupancy of the Project or any part thereof by the
Owner, the issuance of a Final Completion, any act of acceptance by the Owner,
any failure to do so, nor any correction of defective Work by the Owner shall
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constitute an acceptance of Work not in accordance with the Contract
Documents.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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.
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22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation, and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (8) hour
day and for any work performed on Saturday, Sunday, or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non-defective Work. Contractor shall bear all direct, indirect, and consequential
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
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costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate
amount to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect, and consequential costs shall
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-3
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
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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.
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.
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28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements
not designated for removal, relocation, or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation, or replacement of their property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full-time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
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:
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28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Professional, and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
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.
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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 to Proceed.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below.
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
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33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
"qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
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.
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33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed
to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the
contract sum are limited exclusively to its actual costs for such changes plus no more than
10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to
expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the
contract price, damages, losses or additional compensation. Further, Contractor shall require
all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor
for delay or additional cost must be submitted to Contractor within the time and in the manner
in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
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
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34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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
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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 ancolliercountvfl.gov)whenever an employee assigned to Collier County separates from
their employment. This notification is critical to ensure the continued security of Collier County
facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction
of$500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A"project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of$2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing /will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
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.
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40. DISPUTE RESOLUTION.
A. All disputes arising under or relating to this Agreement shall be resolved in accordance
with this Section, except for disputes related to payment matters and payment disputes upon
submission of pay applications, which shall be addressed and resolved in accordance with
Collier County Ordinance No. 2017-08, as amended, and governed by the time to commence
and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stat.
B. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of Contractor
with full decision-making authority and by Owner's staff person who would make the
presentation of any settlement reached during negotiations to Owner for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of Contractor with full decision-making
authority and by Owner's staff person or designee who would make the presentation of any
settlement reached at mediation to Owner's Board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
fl Attached hereto, following this page
® Not Applicable
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