Agenda 07/22/2025 Item #16F 2 (Change Order #2 for Contract #23-8096 w/Heatherwood Construction Compant for the Pelican Bay New Maintenance Facility adding 48 day to the substantial completion date)7/22/2025
Item # 16.F.2
ID# 2025-2287
Executive Summary
Recommendation to ratify administratively approved Change Order No. 2, adding 48 days to the Substantial Completion
date for Purchase Order No. 4500229441, under Agreement No. 23-8096 with Heatherwood Construction Company, for
the Pelican Bay New Maintenance Facility, and authorize the Chairman to sign the attached Change Order. (Project No.
50211)
OBJECTIVE: To ratify administratively approved Change Order No. 2, adding 48 days to the Substantial Completion
date.
CONSIDERATIONS: On December 12, 2023 (Agenda Item No. 11.B), the County entered into Agreement No. 23-
8096 (the "Agreement") with the Heatherwood Construction Company to manage and coordinate the construction of the
Pelican Bay New Maintenance Facility.
Change Order No. 2 adds 48 days to the contract, extending the current Substantial Completion date to August 14, 2025.
The initial project timeline extension (CO#1) was due to unforeseen utility conflicts and delays outside the contractor’s
control. Specifically, an FPL transformer needed to be relocated outside the construction zone, triggering the need for a
new utility easement and redesign of the service lateral.
Once the FPL transformer was relocated, the contractor could safely begin exploratory digging and discovered various
underground conflicts that were not anticipated nor documented in County as-built plans and utility locates. This
required careful exploration and resulted in the redesign of significant portions of the underground utilities.
The County’s Procurement Services Division administratively approved Change Order No. 2, as authorized under the
Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3. b.
This item is consistent with the Infrastructure, Asset Management, and Quality of Place elements of the Collier County
Strategic Plan.
FISCAL IMPACT: There is no new fiscal impact on this item.
GROWTH MANAGEMENT IMPACT: This action has no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: To ratify administratively approved Change Order No. 2, adding 48 days to the Substantial
Completion date for Purchase Order No. 4500229441, under Agreement No. 23-8096 with Heatherwood Construction
Company, for the Pelican Bay New Maintenance Facility, and authorize the Chairman to sign the attached Change
Order. (Project No. 50211)
PREPARED BY: Brian Mondgock, Project Manager II, Facilities Management Division
ATTACHMENTS:
1. 4500229441_Heatherwood_CO#2 AddTime CAO
2. 23-8096Contract_Heatherwood_20250411201343.346_X
3. Affidavit Regarding Labor and Services and Foreign Country of Concern - Heatherwood
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Heatherwood Construction Company ("Contractor") of 8880 Terrene
Court, Bonita Springs, FL 34135, a Florida Profit Corporation, authorized to do business in the
State of Florida, to perform all work ("Work") in connection with "Pelican Bay New Maintenance
Facility", Invitation to Bid No. 23-8096 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by Davidson Engineering, Inc., the Engineer and/or Architect of Record
Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Five Million Three Hundred Forty Thousand Five Hundred Seventy-One Dollars
5,340,571.00). The Contract Amount includes the total base bid and bid alternate line items 25,
26, and 27 as reflected on the Bid Schedule of the Agreement.
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.treasurv.gov/suretv-bonds/list-certified-companies.html. Should the
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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 three hundred and sixty (360) calendar days from the Commencement Date
herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently complete,
in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Department Administrator or Division Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand Five Hundred Eighty-Three Dollars ($1,583.00) for each calendar day thereafter
until Substantial Completion is achieved. Further, in the event Substantial Completion is reached,
but the Contractor fails to reach Final Completion within the required time period, Owner shall
also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner
as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed
to be substantially completed on the date the Project Manager(or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty,which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
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or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non-delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation #23-8096 "Pelican Bay New Maintenance
Facility".
Exhibit A-1: Contractor's Bid Schedule
Exhibit A-2: Contractor's Bid Submittal Forms and Addendums
Exhibit A-3: Contractor's List of Key Personnel
Exhibit B-1: Payment Bond Forms Not Applicable
Exhibit B-2: Performance Bond Forms Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
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Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I:Supplemental Terms and Conditions Applicable I Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 23-8096 "Pelican Bay New Maintenance Facility". The
complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree
comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( Z ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details
NExhibit M: Plans and Specifications prepared by: Davidson Engineering, Inc.
Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the
following:
Collier County Board of County Commissioners, FL
c/o Facilities Management Division
3335 Tamiami Trail East
Naples, Florida 34112
Attn: Ayoub Al-bahou, Supervisor-Project Management
Phone: (239) 252-7704
Email: Ayoub.al-bahou@colliercountyfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Heatherwood Construction Company
8880 Terrene Court
Bonita Springs, FL 34135
Attn: Walter M. Crawford, President
Phone: (239) 949-6855
Email: wmc(heatherwoodconstruction.com
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
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Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
Remainder of page intentionally left blank
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
WITNfreaSES.Heatherwood Construction Company
IT
a e 4 e.4-weLL_- By:
tN e
V.] A 1._-1-g-4,-- C....FA....4 f ops, ---Fi4.5cet._,1--
Print Name and Title
COND WITNES
11MovSeAUeoc^Date: /
y. 3 ! ' a 6 2-3
Print Name
ATTEST: OWNER:
Crystal K. Kinzel, Cler. if Courts BOARD OF COUNTY COMMISSIONERS
Comptroller. Cl* OF COLLIER COUNTY FLORIDA
i 2.1 ...„BY: _ Y' * BY:
Attest as to Chairman's RICK LOCASTRO , Chairman
t ,
signature only
Date: /'- 1 ° / a J
Ap ved as to F an Legality:
county Attorney
S_ __J±_k___
Print Name
7
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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)
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Solicitation Number and Title: 23-8096 Pelican Bay Services Maintenance
Project Address: 6200 Watergate Way,Naples FL 34108
BID SCHEDULE
BIDDER: HEATHERWOOD CONSTRUCTION
Line No. I Description I Quantity I Unit I Unit Price I Total Price
General Requirements
1 Mobilization/General Conditions 1 LS 730,790.86 $ 730,790.86
2 Geotechnical Testing 1 LS 4,910.00 $ 4,910.00
3 NPDES Pollution Prevention and Monitoring 1 LS 13,275.00 $ 13,275.00
Total General Requirements $ 748,975.86
Site Work
4 Survey Stake-out/Survey As-built 1 LS $ 38,920.00 $ 38,920.00
5 Private Utility Locates/Potholing 1 LS Included in Line 7 Included in Line 7
6 Demolition and Disposal 1 LS $ 116,591.19 $ 116,591.19
7 Earthwork-Clearing,Grubbing&Grading 1 LS $ 194,767.00 $ 194,767.00
8 Exterior Improvements-Utilities(Sewer,Water,Storm Drainage) 1 LS $ 993,807.15 $ 993,807.15
9 Pavement,Concrete,Striping,and Signage 1 LS $ 401,439.75 $ 401,439.75
10 Landscaping&Irrigation 1 LS $ 45,484.42 $ 45,484.42
Total Site Work 1,791,009.51
Maintenance Building
11 Concrete 1 LS $ 313,432.40 $ 313,432.40
12 Masonry 1 LS Included in Line 11 Included in Line 11
13 Miscellaneous Metal 1 LS $ 60,819.00 $ 60,819.00
14 Wood&Plastic 1 LS $ 137,803.15 $ 137,803.15
15 Thermal&Moisture Protection 1 LS $ 179,696.00 $ 179,696.00
16 Doors&Windows 1 LS $ 213,675.36 $ 213,675.36
17 Finishes 1 LS $ 335,182.72 $ 335,182.72
18 Specialties I LS $ 35,115.00 $ 35,115.00
19 Fire Protection 1 LS Included in Line 22 Included in Line 22
20 Plumbing 1 LS $ 172,800.00 $ 172,800.00
21 Mechanical-HVAC 1 LS $ 118,500.00 $ 118,500.00
22 Electrical 1 LS $ 217,606.00 $ 217,606.00
23 Fire Alarm/Safety/Security 1 LS Included in Line 22 Included in Line 22
Total Maintenance Facility $ 1,784,629.63
TRADE SUB-TOTAL 4,324,615.00
24 Owner's Allowance' T&M $ 400,000.00 $ 400,000.00
TOTAL BASE BID=Trade Sub-Total+Owner's Allowance 4,724,615.00
Bid Alternates
Alternate#1: Maintenance Facility Alternate HVAC System(Refer to Included
25 Energy Calculations for Specifications) 1 LS $ 8,783.00 $ 8,763.00
Alternate#2:Accessory Chemical Storage Building(Refer to Plan Sets for
26 Specifications and Details) 1 LS $ 349,273.00 $ 349,273.00
Alternate#3:Accessory Equipment Storage Building(Refer to Plan Sets for
27 Specifications and Details) 1 LS $ 257,900.00 $ 257,900.00
Alternate#4:Gravel Yard(Raise elevation of existing generator storage yard by
28 1'of#57 stone)1 LS $ 60,106.00 $ 60,106.00
Owners Allowance--for Owners Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the
Owner.Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance.Expenditures of Owners
Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.
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Email:Lisa.Oien@colliercountyfl.gov
Co r •'lofty Telephone: (239)252-8935
Procurement Services Division
Addendum#1
Date: 6/5/2023
From: Lisa Oien,Procurement Strategist
To: Interested Bidders
Subject:Addendum#1 Solicitation 23-8096 Pelican Bay New Maintenance Facility
The following clarifications are issued as an addendum:
Change 1:
Bid Due Date Extension
Bid Due June 12.2023.at 3:00 PM June 26, 2023,at 3:00 PM
Change 2:
Question and Answer Deadline Extension
Question and Answer Deadline June 5.2023,at 5:00 PM June 19. 2023.at 5:00 PM
If you require additional information,please post a question on our Bid Sync(_wwww',bids nc.cozr)bidding
platform under the solicitation for this project.
Please sign below and return a copy of this 'Jdendum with your submittal for the above
referenced soliylfation.
I `
Signatuf) Date
Heatherwood Construction Company
Name of Firm)
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Email: Lisa.Oien@colliercountyfl.gov
nty Telephone:(239)252-8935
Pr r rnent Sep/ices Divi$bn
Addendum#2
Date: June 16,2023
From: Lisa Oien,Procurement Strategist
To: Interested Bidders
Subject:Addendum#2 Solicitation 23-8096 Pelican Bay New Maintenance Facility
The following clarifications are issued as an addendum:
Change 1: Extension to Question Deadline and Bid Due date
Question Deadline June19,2023,at 5:00 PM Jule 3.2023. at 5:00 PM
Bid Due Date June 26. 2023.at 3:00 PM July 10.2023.at 3:00 PM
Change 2: Maintenance Building Plan Updates& Clarifications
addresses BidSvnc Questions 8, 17,21,23.24,27,28,29)
Structural Sheet S-3:Connection wood frame wall/wood beam table,wood roof tie down
schedule,and roof load table added.
Structural Sheet S-4: Section 6 updated to show slab thickness as 5".
Structural Sheet S-5: Simpson Heta20(or equal)have been added to all applicable sections.
Structural Sheet S-6:Applicable details have been updated to show Simpson Heta20(or equal).
Details A and B have been updated to provide more clarification.
Sheet C-22.00 through C-22.01 have been updated to clearly show the location of the irrigation
meter.
Electric water heater diagram has been added to Sheet P-1.
HVAC plans have been revised to include updates to the exhaust louvers,the air handler data,
condenser unit data,additional strobes,HVAC controls,and exhaust systems.
Sheet FA-2's sequence of operation and fire alarm system notes have been revised.
Electrical plans have been updated to provide information on the overhead door motors.
All references to VCT on the architectural finish schedule are to be replaced with LVT-1.
All acoustic ceiling tiles in bathroom area to be moisture resistant as included within the revised
architectural plans.
Modular wall system manufacturer has been revised to Steelcase,Inc.A county approved vendor.
Ceramic tile to conform with the revised architectural plans,specifically the specifications
provided on Sheet T2.2 Final selection by Owner from samples provided by the general
contractor.
On Sheet A7.1 counter and sink height not to exceed 34".All counters are to provide 27"knee
clearance.
All references to roof hatch are to be omitted from the contractor's scope.
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All glass in doors to be 7/16"impact glass.Exterior glazing on glass to be tint glazing per Section
088000.
For any discrepancies found in the construction documents regarding foundation thickness,refer
to structural plans. The foundation information contained within the structural plans supersedes
all other documents.
Maintenance building to have dash trowel stucco finish.
Hardware specifications for the roll down doors for all buildings have been added to revised
Sheet T2.2.
Change 3: Chemical and Equipment Storage Plan Updates& Clarifications
addresses BidSync Questions 8,17,2L 24,26)
Maintenance Building Sheet S-3:Connection wood frame wall/wood beam table,wood roof tie
down schedule,and roof load table added.
Maintenance Building Sheet S-4: Section 6 updated to show slab thickness as 5".
Maintenance Building Sheet S-5: Simpson Heta20(or equal)have been added to all applicable
sections.
Maintenance Building Sheet S-6:Applicable details have been updated to show Simpson Heta20
or equal).Details A and B have been updated to provide more clarification.
Sheet C-22.00 through C-22.01 have been updated to match the sanitary lateral connections as
shown in the latest plumbing plan sheet.
Soffit material has been revised to vented aluminum soffit.
Glass size in doors to be half glass=27"x 36",full glass=27"x 70",quarter glass= 13"x 36".
All glass in doors to be 7/16"impact glass.Exterior glazing on glass to be tint glazing per Section
088000.
Dens glass sheathing to be %".
For any discrepancies found in the construction documents regarding foundation thickness,refer
to structural plans.The foundation information contained within the structural plans supersedes
all other documents.
Change 4: Exhibit Changes
addresses BidS9nc Questions 8, 17,21,23,24,27,28)
Strike throughs are removed and underlined added:
REVISED MEP PLANS:
Exhibit M Electrical Cher., Storage R2 2011 c pdf
Exhibit M-Electrical-ChemicalStorageRev3-20230615
Exhibit M Electrical EguipStor.,goR2 2201 1 5 pd f
Exhibit M-Electrical-Ei uiltStora eRev3-20230615
Exhibit M 1 le trical Maintea.,ceF if
Exhibit M-Electrical-MainteanceFacilitvRev2-20230615
Exhibit M Fire Alarm 1 ainten,.nceF cilityR pdf
Exhibit M-Fire Alarm-MaintenanceFacilitaRev2-20230615
hibit M HV A C Mainten nseFe flit..D 1 2n1 1 c pdf
Exhibit M-HVAC-MaintenanceFacilit\Rev2-2023 06 1 5
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Exhibit M-Plumbinu-MaintenanceFacilit\ Rev2-20230615
REVISED ARCHITECTURAL PLANS
Exhibit M-ArchPlansChemicalBldz2Rev2 20230613
Exhibit M-ArchPlansEquitpmentStora.eBldtRev2-20230613
Exhibit M-ArchPlansMaintenanceBld=:Rev2-20230613
REVISED STRUCTURAL PLANS
Exhibit M-StructuralPlansChemicalBldc Rev2-20230615
Exhibit M-StructuralPlansMaintenanceBldYRev2-20230615
REVISED CIVIL PLAN
Exhibit M Civil DSBD Plans f r Construction R2 pd f
Exhibit M-Civil P1ansRev3-2023 0614
If you require additional information,please post a question on our Bid Sync l ; ; s,..o;2)bidding
platform under the solicitation for this project.
Please sign below and return a copy of$ is Addendum with your submittal for the above
referenced solicitation.
Si ature) g
w
Date
t tie e- %,z)40." 76)-1 11/4-1,
Name of Firm)
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Email: Lisa.Oien@colliercountyfl.gov
Co lr COU14tY Telephone:(239)252-8935
P?oureimuit !v s DM'tiu l
Addendum#3
Date: June 29,2023
From: Lisa Oien,Procurement Strategist
To: Interested Bidders
Subject:Addendum#3 Solicitation 23-8096 Pelican Bay New Maintenance Facility
The following clarifications are issued as an addendum:
Change 1: Clarification for Metal Roof Panel(addresses BidSync Questions 34)
Lokseam standing seam metal panels will be approved as an equal.
Change 2: Clarification for Compressor(addresses BidSync Questions 39)
Air compressor lines to be±109 linear feet of/a"RapidAir Fastpipe®or equivalent and run
along the ceiling with a drop-down connection for each service bay.
Change 3: Clarification for Compressor:(addresses BidSync Questions 46)
Air compressor will be supplied by the owner.Air compressor lines to be±109 linear feet of
3/4"RapidAir Fastpipe®or equivalent and run along the ceiling with a drop-down connection
for each service bay.
Change 4:REVISED Exhibit M—Plumbing Maintenance Facility plans:
Strike throughs are removed and underlined added
ExhibitM Pl b g Mainte.,anee Facility uev2 2023061 c
Exhibit M-Plumbing-Maintenance Facilit Rev3-20230627
o Note 17 on Sheet P-1 has been revised.
If you require additional information,please post a question on our Bid Sync(w ,v,.bidst ic.com)bidding
platform under the solicitation for this project.
Please sign below a d return a copy of this Addendum with your submittal for the above
referenced solicitat gin.
4
Signatures 7`1 Date
a-,,,
Name of Firm)
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Email: Lisa.Oien@colliercountyfl.gov
nty Telephone:(239)252-8935
PrcrerrAnt SeViCe5 l ors
Addendum#4
Date: July 5 ,2023
From: Lisa Oien,Procurement Strategist
To: Interested Bidders
Subject:Addendum#4 Solicitation 23-8096 Pelican Bay New Maintenance Facility
The following clarifications are issued as an addendum:
Questions and Answers#45 for specification clarification:
Question 45
Spec section 072100 building insulation section 3.5 and 3.6 call for sprayed foam insulation and foam filled
insulation.The building section details calls for R-5 in masonry wall and R-30 in ceilings.Can the city please clarify
whether sprayed foam_insulation and foam filled insulation is required for this project?
Answer:
Insulation to be batt insulation as specified in the architectural plans.The contractor is to install R5 Batt
Insulation as shown in wall types W1 and W2 on Sheet A1.1 and R38 Batt Insulation in the ceiling as shown on
Section 3 on Sheet A4.2.
Batt insulation with foil backing is not allowed for this project.
If you require additional information,please post a question on our Bid Sync(www.hids, :c°,coin )bidding
platform under the solicitation for this project.
Please sign below and return a copy f this Addendum with your submittal for the above
referenced st1icitation. 7.
Sign rre)Date
of
Name of Firm)
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Collier County Solicitation 23-8096
FORM 1-BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Pelican Bay New Maintenance Facility
BID NO.23-8096
Full Name of Bidder Heatherwood Construction Com}7an4
Main Business Address 8880 Terrene Court,Bonita Springs,FL 34135
Place of Business 8880 Terrene Court,Bonita Springs.FL 34135
Telephone No. (239)949-6855, Fax No. (239.1949-6856
State Contractor's License#CGC055863
State of Florida Certificate of Authority Document Number P04000167920
Federal Tax Identification Number 84-0838698
DUNS# 825670156, 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
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Collier County Solicitation 23-8096
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates,and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work
at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The
undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred Sixty(360)
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 Agee "
im.,,,r^".....'""
sv1 F
Signature: N
Title: President
Date:
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Collier County Solicitation 23-8096
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Pelican Bay New Maintenance Facility
Bid No.23-8096
Name Personnel Catei or}°
Erik Squibb Construction Superintendent
Rick Mercer Project Manager
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Collier County Solicitation 23-8096
FORM 3-MATERIAL MANUFACTURERS
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:......Heather w Construehpttt troth
Signature: Date:
Section B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: Heatherwood construction Company
Signature Date 7 .1`L-
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Collier County Solicitation 23-8096
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 Palm River Electric,28380 Old 41 Rd#9,Bonita Springs,FL 34135
2. Mechanical Crowther Mechanical,2543 Rockfill Rd,Fort Myers,FL 33916
3. Plumbing B&I Contractors,Inc„2701 Prince St.Fort Myers,FL 33916
4. Site Work Pavement Maintenance,LLC.,1640 Benchmark Avenue,Fort Myers,FL 33905
5. Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: Qa1 QtWQ& onstruG:1iQI1...Qompany_w
Signature: Date: 4,5
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Page 331 of 808
Collier County Solicitation 23-8096
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.
van Otterloo Center for Family Learning Guadalupe Center
project name) project owner)
3655 Westclox Street Immokalee Florida 34142 2640 Golden Gate Parkway,Suite 205,Naples,..FL 34105
project location) Owner's address)
New 40,000 s ft school Dawn Montecalvo President
project description) Owner's contact person) title)
10/2021-12/26/2022 11,496,565 t239j 657-7154 dmontecalvo iz adalupecenter.org
project start/completion dates) (contract value) (phone)email)
2.
Hulett Environmental Corporate Office Hulett Environmental Services
project name)project owner)
3828 White Lake Blvd,Naples.FL 34117 3828 White Lake Blvd.Naples FL 34117
project location) Owner's address)
Corporate Headquarters War 1.o..0 c. .... Timotlt Hulett President
project description) Owner's contact person) title)
01/201$- 12/2019 1,500.000 t2391302-4140 ttrnt .buttscom
project start/completion dates) (contract value) (phone)email)
3.
Heritage Landing including Maintenance Facility _ Lennar Homes
project name)project owner)
14500 Heritage Landing Blvd.,Punta Gorda,FL 33955 10481 Ben C Pratt,Six Mile Cypress Pkwy,Fort Myers,FL 33966
project location) Owner's address)
Construction of amenities and maintence facility Darin McMurray Regional Vice President
project description) Owner's contact person) title)
9/2021-_9/2022 4,100,000239i 278 1177 Darin.McMurrav iLennar.com.__
project start/completion dates) (contract value) (phone)email)
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Collier County Solicitation 23-8096
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4.
Mason,C1 sicatAcadem% Mason Classical Academy,Inc
project name)project owner)
2647 Professional Cir,Naples,FL3.4119 2647 Professional_C r„Napjes,FL 34119,_.. ,_ „__
project location) Owner's address)
School second floor renovation David Hull Executive Director
project description) Owner's contact person) title)
4/2022 12/2022 2,007,817 _._ (239)880 7584 dhull a masonacademv.com.._......__.
project completion date) (contract value) (phone)email)
5.
Estero Couny- Club Estero Countn Club Inc.
project name)project owner)
19501 Vintage Trace Circle Estero FL 33967 19501 Vintage Trace Circle,Estero,FL 33967.__
project location) Owner's address)
Complete renovation of clubhouse Dan Newman_,,,._..._.___,,...._.__.....,.,..,._ General Manager
project description) Owner's contact person) title)
7ro0ect completion date) $contract value) (phone)email)de aw!t?a;esterocacom
pCompany: Heatherwood onstruction Commantix,
Signature: Date:
I
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Page 333 of 808
Collier County Solicitation 23-8096
FORM 6-TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure Quantity) Cost
Description) LF.SY)
1 SIMPLE SLOPE LF 3024 1.00 3024.00
2. w__.......
W..._ ._ ..
3.
4.
5.
TOTAL$
3024 00
Company:......1lcatherw.Qo. . .ot.str..uctioa mpany:...._ _._ .._................_.
Signature: Date:
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Collier County Solicitation 23-8096
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
herein after called the Principal)and
herein called the Surety), a corporation chartered and
existing under the laws of the State of with its principal offices in the city of
and authorized to do business in the State of are held and firmly bound unto the
hereinafter called the Owner),in the full and just sum
of dollars($ good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials,
equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No.
23-8096 Pelican Bay New Maintenance Facility.
NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required
certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ _.. noted above
as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and
void,otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this
day of 20
Principal
BY Seal)
Surety
Seal)
Countersigned
Appointed Producing Agent for
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Document A310TM - 2010
Bid Bond
CONTRACTOR: SURETY:
Name,legal status and address) Name,legal status and principal place
Heatherwood Construction Company of business)
Great Midwest Insurance Company This document has important legal8880TerreneCourt800GessnerRoad,Suite 600
Bonita Springs,FL 34135 Houston,TX 77024
consequences.Consultation with
OWNER:
an attorney Is encouraged with
respect to its completion or
Name,legal status and address)modification.
Collier County,Procurement Services
3295 Tamiami Trail East Any singular reference to
Naples,FL 34112 Contractor,Surety,Owner or
BOND AMOUNT:***FIVE PERCENT OF AMOUNT BID*** other party shall be considered
plural where applicable.
PROJECT:
Name,location or address,and Project number,if any)
Pelican Bay New Maintenance Facility-Collier County Solicitation#23-8096
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and
severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and
Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such
bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the
difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount
for which.the Owner may in good faith contract with another party to perform the work covered by said bid,then this
obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of
notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for
acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty(60)days.
if this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated ein.When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a comm aw bond.
Signed and sealed this 26th day of June 2023
Heaths: ood truction pany
Prine lal Seal)
Witness) 5
Title)
Great Midwest Ins trance Company
z
I, a 4. t. ;mo t .trIII Surety) Seal)
Witnkss)
TWO_homas O.Chambers.Attorney-hi-Mt
snit
AlA Document A310' —2010.Copyright°1983,1970 and 2010 by The American institute of Architects.All rights reserved.WARNING:This Ale
Document is protected by13.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or
any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.
Purchasers are permitted to reproduce tan.(1 0)copies of this document when completed.To reportcopyright violations of AM Contract Documents,e-mail
The American Institute of Architects'legal counsel,copyright@aia.orn. 061,10.
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POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal office
in Houston,TX,does hereby constitute and appoint:
Thomas O. Chambers,Todd Schaap
i
its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds, undertakings or other
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST
INSURANCE COMPANY,on the 1"day of October,2018 as follows:
Resolved, that the President,or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other
writings obligatory in nature of a bond not to exceed Ten Million dollars($10,000,000.00),which the Company might execute through its duly elected
officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,
may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed
and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the
Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY,has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 11th day of February,2021.
GREAT MIDWEST INSURANCE COMPANY
si 114Stgrs
noi..
1
BY1giCOIRPOWESEAL1 Mark W. Haushill
President
c/scoario'0 ACKNOWLEDGEMENT
On this 11th day of February, 2021,before me,personally came Mark W. Haushill to me known,who being duly sworn, did depose and
say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument;
that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
011ifiv.ste CHRISTINA BISHOP
ir.4Notary Public,State of Texas
ON..?Comm.Expires 04.14-2028lcc BY 11'
Christina Bishop
et„otte Notary ID 131090488 Notary Public
CERTIFICATE
I,the undersigned,Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions
as set forth are now in force.
Signed and Sealed at Houston,TX this 26th Day of June . 2023
s
1 BY
ii., i- ,
0
COPPOSATE SEAL ,
tv4,
v
Leslie K.Shaunty --
Secretary/-
6 CORPOO
4
WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for Insurance of claim
containing any materially false Information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties.
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Page 337 of 808
STATE OF WISCONSIN )
COUNTY OF Milwaukee )
ON THIS 26th day of June 2023
before me, a notary public,within and for said County and State,personally appeared_
Thomas O.Chambers to me personally known, who being duly sworn,
upon oath did say that he is the Attorney-in-Fact of and for the
Great Midwest Insurance Company a corporation
of Texas created, organized and existing under and
by virtue of the laws of the State of Texas that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Thomas O.Chambers did acknowledge that he/she
executed the said instrument as the free act and deed of said Company.
e f
Rosa Hernandez
Notary Public,Milwaukee Cou'fity, Wisconsin
My Commission Expires 1/22/2027
1111IIfI,
4'OF`W,g``‘‘\
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Collier County Solicitation 23-8096
FORM 8-INSURANCE AND BONDING REQUIREMENTS-See Page 13
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 l 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 coverageLs)required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such
coverage 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 coveragets)purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverage(s1 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.
4/26/2023 2:41 PM p.15
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Page 339 of 808
Collier County Solicitation 23-8096
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
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 1,1_),
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 Injury
current ISO form 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 ContractorNendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the ContractorNendor in the performance of this Agreement.
5. ®Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage.
Owned/Non-owned/Hired;Automobile Included
6. E Other insurance as Watercraft Per Occurrence
noted:
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
Per Occurrence
Pollution Per Occurrence
Professional Liability $ Per claim&in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
Cyber Liability Per Occurrence
Technology Errors&Omissions $ Per Occurrence
4/26/2023 2:41 PM p.16
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Page 340 of 808
Collier County Solicitation 23-8096
7. 1 Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or
proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. ®Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided,however,the surety
shall be rated as"A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5%of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New
York,New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.This insurance shall be primary and non-contributory with respect to any other
insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be
endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates
of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For
any and all work performed on behalf of Collier County.
12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112
13. ® Thirty(30)Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
GG—3/1/2023
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.
4/26/2023 2:41 PM p.17
CAC)
Page 341 of 808
A
M,
CERTIFICATE OF LIABILITY INSURANCE
DATE`MDDIYYYY)
1/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME;...............................
Marsh&McLennan PHONE FAX
727-449-1267
101 N Starcrest Dr INC,3 k Exl) 727-447-6481 1
E MAIL
s:
Clearwater FL 33765 AODRI s;certificates@bouchardinsurance.com
mmlINSURER(S)AFFORDING COVERAGE NAIC D
INSURERA:Charter Oak Fire Insurance Co 25615
INSURED HEATHERW2
INSURER B:Travelers Property Casualty CO.of Amer 25674
Heatherwood Construction Company
8880 Terrene Ct INSURER C:American Builders Insurance Company 11240
Bonita Springs FL 34135 INSURER D:St.Paul Surplus Lines Insurance Compan 30481
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:252859891 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE sSO..WYD.
POLICY EFF POLICY EXP LIMITS
LTR tNSDWVD'.POLICYNUMBER MMIDD/YYYYj (MMIDDIYVYY)
A X COMMERCIAL GENERAL UABIUTY Y Y OTC096183933C0F23 2/1/2023 2/1/2024 EACH OCCURRENCE $1.000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES 1Ea occurrence)_.,. $300,000
X 5,000
MED EXP(Any one person) :$5,000...............
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE .$2,000,000
PRO- PRODUCTS-COMP/OP AGG $2-000,000
POLICY X JECT LOC j
OTHER: i tl
A AUTOMOBILE LIABILITY Y '; Y 'BA9S1850602326G 2/1/2023 2/1/2024 COMBINED SINGLE LIMIT(
Ea accident
1000,0000
X ANY AUTO i BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident)!$
AUTOS ONLY ..._AUTOS
HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident)
i
B X UMBRELLAUAB X OCCUR Y I Y CUP9S18519A2326 2/1/2023 2/1/2024 EACH OCCURRENCE $5000000
EXCESS LIAB CLAIMS-MADE I AGGREGATE 5,000,000
DED X RETENTION$n
C WORKERS COMPENSATION Y WCV016560509 2/1/2023 2J1/2024 X +STA UTE ER I
ANDEMPLOYERS'LIABILnY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N/A p
E.L.EACH ACCIDENT $1 000,000
OFFICER/MEMBER EXCLUDED?I E.L.DISEASE-EA EMPLOYEE',$1,000,000
Mandatory in NH)
L. EMPLOYEE
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Leased/Rented Equipment QT6301T250952TIL23 2/1/2023 2/1/2024 $50,000
D Pollution+Professional Liability ZCE41 N47304 2/1/2023 2/1/2024 $1,000,000 Each Occ 2,000,000 Agg
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
NOTICE:
If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Umbrella Liability and Auto Liability,subject to the
terms,conditions and exclusions of the policies.
Coverage with respect to General Liability and Auto Liability is primary and noncontributory.
When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability,Auto Liability,Umbrella Liability
and Workers Compensation,subject to the terms,conditions and exclusions of the policy.
See Attached...
CERTIFICATE HOLDER
1
CANCELLATION 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
FOR INSURANCE PURPOSES ONLY AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
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Page 342 of 808
Collier County Solicitation 23-8096
Co .per Coulity
Procurement Services Division
FORM 9—CONFLICT OF INTEREST AFFIDAVIT
The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County
project identified above (e.g., writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement)which appears to skew the competition in
favor of my firm.
Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals/past performance of itself or a competitor,which calls into
question the contractor's ability to render impartial advice to the government.
Unequal access to information —The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor(or an
affiliate)with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit,the contractor/vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project;and,
2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-
public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity
financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully
disclosed and does not pose an organizational conflict.f
rt4Heathe od Construction Coml}an),°x
Company„N`am `
it
rgnature
Walter M.Crawford,IV,President
Print Name and Title
State of.,.. " 0f'_. ._.__ ....
County of
The foregoing instrum it was acknowledged before me by means of physical esence )r D online notarization,
this day of j v,Lt. (month), year),by Pr ii.,..,,- name
of person acknowledging). I J L J11
Signature of Notary Public-State of Florida)
t , ...j f_.. 't. ._...
Print,Type,or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
SUSfW N.MEINKET
4,( ''' '*1 MY COMMISSION#HH 229992
i EXPIRES:Febnie 17,2026 ','
off`odN;8,'
ry
4/26/2023 2:41 PM p.18
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Page 343 of 808
Collier County Solicitation 23-8096
Co l+E''I~ County
Proourement S tvices Divis sn
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 26th day of June 20_23 in
the County of Lee in the State of Florida
Firm's Legal Heatherwood Construction Company
Name:
Address: 8880 Terrene Court
City,State,Zip Bonita Springs,FL 34135
Code:
Florida P04000167920
Certificate of
Authority
Document
Number
Federal Tax 84-0838698
Identification
Number
CCR#or
CAGE Code
Only if Grant
Funded
Telephone: 239)949-6855
Email: wmc heatherwoodconstruction.com
Signature by:Walter M.Crawford.IV
Typed and
written)
Title:President
4/26/2023 2:41 PM p.19
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Page 344 of 808
Collier County Solicitation 23-8096
Co ier Comnty
Procurement Services Division
f 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
PROPOSALBID 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.
Heatherwoo tonstruction Com anv
f
Comp- Name
Signature
Walter M.Crawford,IV President ...... ................ .
Print Name and Title
State of ( --;
County of
The foregoing instrument was acknowledged before me by means ojal physical presence( 0 online notarization,
this ',Art"- day of month), 1-1)2..3 (yea'),by . CG.. c4 name
of person acknowledging).
l,;ignature of Notary Public-State of Florida)
Print,Type,or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
s4ik:;i SUSAN N.MEINKET
ebruary%Fh120J
MyCOMMSSION#HH 22899 2
4/26/2023 2:41 PM p.21
CAO
Page 345 of 808
Stateof on
Department of t
I certify from the records of this office that HEATHERWOOD
CONSTRUCTION COMPANY is a corporation organized under the laws of the
State of Florida, filed on December 15, 2004.
The document number of this corporation is P04000167920.
I further certify that said corporation has paid all fees due this office through
December 31, 2023, that its most recent annual report/uniform business report
was filed on January 18, 2023, and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Sixth day of June,2023
416
oft wi'cov. Secretary of State
Tracking Number:8866390934CU
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
1
https://services.su n biz.org/Filings/CertificateOfStatus/CertificateAuthenticatio n
CAO
Page 346 of 808
or
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CAO
Page 347 of 808
Request for Taxpayer
Form
Give Form to the
Rev.October 2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.
I 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Heatherwood Construction Company
2 Business name/disregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
following seven boxes. certain entities,not individuals;see
a instructions on page 3):
o Individual/sole proprietor or C Corporation E S Corporation Partnership Trust/estate
single-member LLC Exempt payee code(if any)
Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)
Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
c W LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code if an
E s another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that0.
Y) ...---•--••-•------••••-•--•-•-
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other(see instructions)Applies to accounts maintained outside the U.S.)
N 5 Address(number,street,and apt.or suite no.)See instructions.Requester's name and address(optional)
in 8880 Terrene Court
6 City,state,and ZIP code
Bonita Ss rims s,FL 34135
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid i Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and LEmployer identification number
Number To Give the Requester for guidelines on whose number to enter.
8 4 0 8 3 8 6 , 9 8
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign signature of 04-25-2023
Here U.S.person ,'
T' ' Tfr, Date
General Instructions Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.Form 1099-S(proceeds from real estate transactions)
Purpose of Form Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number Form 1099-C(canceled debt)
SSN),individual taxpayer identification number(ITIN),adoption Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
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Page 348 of 808
Form W-9(Rev.10-2018) Page 2
By signing the filled-out form,you: Example.Article 20 of the U.S.-China income tax treaty allows an
1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese
number to be issued), student temporarily present in the United States.Under U.S.law,this
student will become a resident alien for tax purposes if his or her stay in2.Certify that you are not subject to backup withholding,or
the United States exceeds 5 calendar years.However,paragraph 2 of3.Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30,1984)allows
payee. If applicable,you are also certifying that as a U.S.person,your the provisions of Article 20 to continue to apply even after the Chinese
allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese
is not subject to the withholding tax on foreign partners'share of student who qualifies for this exception(under paragraph 2 of the first
effectively connected income,and protocol)and is relying on this exception to claim an exemption from tax
4.Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form
that you are exempt from the FATCA reporting,is correct.See What is W-9 a statement that includes the information described above to
FATCA reporting, later,for further information. support that exemption.
Note:If you are a U.S.person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the
than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233.
it is substantially similar to this Form W-9.
Backup WithholdingDefinitionofaU.S.person.For federal tax purposes,you are
considered a U.S.person if you are: What is backup withholding?Persons making certain payments to you
An individual who is a U.S.citizen or U.S.resident alien; must under certain conditions withhold and pay to the IRS 24%of such
payments.This is called"backup withholding." Payments that may beApartnership,corporation,company,or association created or subject to backup withholding include interest,tax-exempt interest,organized in the United States or under the laws of the United States;dividends,broker and barter exchange transactions,rents,royalties,
An estate(other than a foreign estate);or nonemployee pay,payments made in settlement of payment card and
A domestic trust(as defined in Regulations section 301.7701-7). third party network transactions,and certain payments from fishing boat
operators.Real estate transactions are not subject to backupSpecialrulesforpartnerships.Partnerships that conduct a trade or withholding.business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments youtaxundersection1446onanyforeignpartners'share of effectively receive if you give the requester your correct TIN,make the properconnectedtaxableincomefromsuchbusiness.Further,in certain cases
certifications,and report all your taxable interest and dividends on yourwhereaFormW-9 has not been received,the rules under section 1446
tax return.require a partnership to presume that a partner is a foreign person,and
pay the section 1446 withholding tax.Therefore,if you are a U.S.person Payments you receive will be subject to backup withholding if:
that is a partner in a partnership conducting a trade or business in the 1.You do not furnish your TIN to the requester,
United States,provide Form W-9 to the partnership to establish your 2.You do not certify your TIN when required(see the instructions forU.S.status and avoid section 1446 withholding on your share of
Part II for details),partnership income.
In the cases below,the following person must give Form W-9 to the 3.The IRS tells the requester that you furnished an incorrect TIN,
partnership for purposes of establishing its U.S.status and avoiding 4.The IRS tells you that you are subject to backup withholding
withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax
conducting a trade or business in the United States.return(for reportable interest and dividends only),or
In the case of a disregarded entity with a U.S.owner,the U.S.owner 5.You do not certify to the requester that you are not subject to
of the disregarded entity and not the entity;backup withholding under 4 above(for reportable interest and dividend
In the case of a grantor trust with a U.S.grantor or other U.S.owner,accounts opened after 1983 only).
generally,the U.S.grantor or other U.S.owner of the grantor trust and Certain payees and payments are exempt from backup withholding.
not the trust;and See Exempt payee code, later,and the separate Instructions for the
In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information.
other than a grantor trust)and not the beneficiaries of the trust.Also see Special rules for partnerships,earlier.
Foreign person.If you are a foreign person or the U.S.branch of a What is FATCA Reporting?foreign bank that has elected to be treated as a U.S.person,do not use
Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a
Pub.515,Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States
Entities).account holders that are specified United States persons.Certain
Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting.See Exemption from FATCA
nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later,and the Instructions for the Requester of Form
or eliminate U.S.tax on certain types of income.However,most tax W-9 for more information.
treaties contain a provision known as a"saving clause."Exceptions Updating Your Informationspecifiedinthesavingclausemaypermitanexemptionfromtaxtopg
continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you
become a U.S.resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee
If you are a U.S.resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this
contained in the saving clause of a tax treaty to claim an exemption person.For example,you may need to provide updated information if
from U.S.tax on certain types of income,you must attach a statement you are a C corporation that elects to be an S corporation,or if you no
to Form W-9 that specifies the following five items, longer are tax exempt.In addition,you must furnish a new Form W-9 if
1.The treaty country.Generally,this must be the same treaty under the name or TIN changes for the account;for example,if the grantor of a
which you claimed exemption from tax as a nonresident alien. grantor trust dies.
2.The treaty article addressing the income.
Penalties3.The article number(or location)in the tax treaty that contains the
saving clause and its exceptions. Failure to furnish TIN.If you fail to furnish your correct TIN to a
4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure
from tax.unless your failure is due to reasonable cause and not to willful neglect.
5.Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If youthetreatyarticle. make a false statement with no reasonable basis that results in no
backup withholding,you are subject to a$500 penalty.
CAO
Page 349 of 808
Form W-9(Rev.10-2018) Page 3
Criminal penalty for falsifying information.Willfully falsifying IF the entity/person on line 1 is THEN check the box for..
certifications or affirmations may subject you to criminal penalties a(n)...
including fines and/or imprisonment.
Misuse of TINs.If the requester discloses or uses TINs in violation of Corporation Corporation
federal law,the requester may be subject to civil and criminal penalties. • Individual Individual/sole proprietor or single-
Sole proprietorship,or member LLC
Specific Instructions Single-member limited liability
company(LLC)owned by an
Line 1 individual and disregarded for U.S.
You must enter one of the following on this line;do not leave this line federal tax purposes.
blank.The name should match the name on your tax return. LLC treated as a partnership for Limited liability company and enter
If this Form W-9 is for a accountjoint other than an account U.S.federal tax purposes, the appropriate tax classification.
maintained by a foreign financial institution(FFI)),list first,and then LLC that has filed Form 8832 or (P=Partnership;C=C corporation;
circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, or S=S corporation)
Part I of Form W-9.If you are providing Form W-9 to an FFI to document !Or
a joint account,each holder of the account that is a U.S.person must
provide a Form W-9. LLC that is disregarded as an
l entity separate from its owner but
a. Individual.Generally,enter the name shown on your tax return.If the owner is another LLC that is
you have changed your last name without informing the Social Security not disregarded for U.S.federal tax
Administration(SSA)of the name change,enter your first name,the last purposes.
name as shown on your social security card,and your new last name.
Note:ITIN applicant:Enter your individual name as it was entered on Partnership PartnershipPartnership
w__._._.._._...Par._.e._._..............___.._....._...._.........__......_.__....__...
your Form W-7 application,line la.This should also be the same as the • Trust/estate Trust/estate
name you entered on the Form 1040/1040N1040EZ you filed with your
application.
Line 4,Exemptions
b. Sole proprietor or single-member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting,
name as shown on your 1040/1040N1040EZ on line 1.You may enter enter in the appropriate space on line 4 any code(s)that may apply to
your business,trade,or"doing business as"(DBA)name on line 2. you.
c. Partnership,LLC that is not a single-member LLC,C Exempt payee code.
corporation,or S corporation.Enter the entity's name as shown on the • Generally,individuals(including sole proprietors)are not exempt from
entity's tax return on line 1 and any business,trade,or DBA name on backup withholding.
line 2. Except as provided below,corporations are exempt from backup
d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends.
tax documents on line 1.This name should match the name shown on the • Corporations are not exempt from backup withholding for payments
charter or other legal document creating the entity.You may enter any made in settlement of payment card or third party network transactions.
business,trade,or DBA name on line 2.
Corporations are not exempt from backup withholding with respect to
e. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations
disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect
disregarded entity." See Regulations section 301.7701-2(c)(2)(iii).Enter to payments reportable on Form 1099-MISC.
the owner's name on line 1.The name of the entity entered on line 1
should never be a disregarded entity.The name on line 1 should be the The following codes identify payees that are exempt from backup
name shown on the income tax return on which the income should be withholding.Enter the appropriate code in the space in line 4.
reported.For example,if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a),any IRA,or
entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7)if the account satisfies the
person,the U.S.owner's name is required to be provided on line 1.If requirements of section 401(f)(2)
the direct owner of the entity is also a disregarded entity,enter the first 2—The United States or any of its agencies or instrumentalities
owner that is not disregarded for federal tax purposes.Enter the
disregarded entity's name on line 2,"Business name/disregarded entity 3—A state,the District of Columbia,a U.S.commonwealth or
name."If the owner of the disregarded entity is a foreign person,the possession,or any of their political subdivisions or instrumentalities
owner must complete an appropriate Form W-8 instead of a Form W-9.4—A foreign government or any of its political subdivisions,agencies,
This is the case even if the foreign person has a U.S.TIN. or instrumentalities
Line 2 5—A corporation
If you have a business name,trade name,DBA name,or disregarded 6—A dealer in securities or commodities required to register in the
entity name,you may enter it on line 2. United States,the District of Columbia,or a U.S.commonwealth or
possession
Line 3 7—A futures commission merchant registered with the Commodity
Check the appropriate box on line 3 for the U.S.federal tax Futures Trading Commission
classification of the person whose name is entered on line 1,Check only 8—A real estate investment trust
one box on line 3.
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
Page 350 of 808
Form W-9(Rev.10-2018) Page 4
The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g)
from backup withholding.The chart applies to the exempt payees listed plan
above,1 through 13. Note:You may wish to consult with the financial institution requesting
IF the payment is for.,. THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee
for... code should be completed.
Interest and dividend payments All exempt payees except Line 5
for 7 Enter your address(number,street,and apartment or suite number).
Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information
through 11 and all C corporations. returns.If this address differs from the one the requester already has on
S corporations must not enter an file,write NEW at the top.If a new address is provided,there is still a
exempt payee code because they chance the old address will be used until the payor changes your
are exempt only for sales of address in their records.
noncovered securities acquired Line 6
prior to 2012.
Enter your city,state,and ZIP code.
Barter exchange transactions and Exempt payees 1 through 4
patronage dividends Part I. Taxpayer Identification Number(TIN)
Payments over$600 required to be Generally,exempt payees Enter your TIN in the appropriate box.If you are a resident alien and
reported and direct sales over 1 through 52 you do not have and are not eligible to get an SSN,your TIN is your IRS
5,0001 individual taxpayer identification number(ITIN).Enter it in the social
security number box.If you do not have an!TIN,see How to get a T1N
Payments made in settlement of Exempt payees 1 through 4 below.
payment card or third party network
If you are a sole proprietor and you have an EIN,you may enter eithertransactions
your SSN or EIN.
See Form 1099-MISC,Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity
separate from Its owner,enter the owner's SSN(or EIN,if the owner has
2 However,the following payments made to a corporation and one).Do not enter the disregarded entity's EIN.If the LLC is classified as
reportable on Form 1099 MISC are not exempt from backup a corporation or partnership,enter the entity's EIN.
withholding:medical and health care payments,attorneys'fees,gross Note:See What Name and Number To Give the Requester,later,forproceedspaidtoanattorneyreportableundersection6045(f),and
payments for services paid by a federal executive agency.
further clarification of name and TIN combinations.
Exemption from FATCA reporting code.The following codes identify How to get a TIN.If you do not have a TIN,apply for one immediately.
payees that are exempt from reporting under FATCA.These codes To apply for an SSN,get Form SS 5,Application for a Social Security
apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or get this form online at
of the United States by certain foreign financial institutions.Therefore,if www.SSA.gov.You may also get this form by calling 1-800-772-1213.
you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification
States,you may leave this field blank.Consult with the person Number,to apply for an ITIN,or Form SS 4,Application for Employer
requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN.You can apply for an EIN
subject to these requirements.A requester may indicate that a code is online by accessing the IRS website at www.irs.gov/businesses and
not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a
any similar indication)written or printed on the line for a FATCA Business.Go to www.irs.gov/Forms to view,download,or print Form
exemption code. W-7 and/or Form SS-4. Or,you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
A—An organization exempt from tax under section 501(a)or any business days.
individual retirement plan as defined in section 7701(a)(37)
If you are asked to complete Form W-9 but do not have a TIN,apply
B—The United States or any of its agencies or instrumentalities for a TIN and write"Applied For"in the space for the TIN,sign and date
C—A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester.For interest and dividend
possession,or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable
D—A corporation the stock of which is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to
more established securities markets,as described in Regulations the requester before you are subject to backup withholding on
section 1.1472-1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester.
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)Note:Entering"Applied For"means that you have already applied for a
F—A dealer in securities,commodities,or derivative financial TIN or that you intend to apply for one soon.
instruments(including notional principal contracts,futures,forwards,
and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use
States or any state
the appropriate Form W-8.
G—A real estate investment trust Part II. Certification
H—A regulated investment company as defined in section 851 or an To establish to the withholding agent that you are a U.S.person,or
entity registered at all times during the tax year under the Investment resident alien,sign Form W-9.You may be requested to sign by the
Company Act of 1940
withholding agent even if item 1,4,or 5 below Indicates otherwise.
I—A common trust fund as defined in section 584(a)For a joint account,only the person whose TIN is shown in Part I
J—A bank as defined in section 581 should sign(when required).In the case of a disregarded entity,the
K—A broker person Identified on line 1 must sign.Exempt payees,see Exempt payee
L—A trust exempt from tax under section 664 or described in section
code, earlier.
4947(a)(1) Signature requirements.Complete the certification as indicated in
items 1 through 5 below.
CA(
Page 351 of 808
Form W-9(Rev.10-2018) Page 5
1.Interest,dividend,and barter exchange accounts opened For this type of account: Give name and EIN of:
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN,but you do not have to sign the
14.Account with the Department of The public entity
certification.
Agriculture in the name of a public
entity(such as a state or local
2.Interest,dividend,broker,and barter exchange accounts government,school district,or
opened after 1983 and broker accounts considered inactive during prison)that receives agricultural
1983.You must sign the certification or backup withholding will apply.If program payments
you are subject to backup withholding and you are merely providing
your correct TIN to the requester,you must cross out item 2 in the 15.Grantor trust filing under the Form The trust
certification before signing the form. 1041 Filing Method or the Optional
3.Real estate transactions.You must sign the certification.You may
Form 1099 Filing Method 2(see
cross out item 2 of the certification.
Regulations section 1.671-4(b)(2)(i)(B))
4.Other payments.You must give your correct TIN,but you do not 'List first and circle the name of the person whose number you furnish.
have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN,that person's number
have previously given an incorrect TIN."Other payments"include must be furnished.
payments made in the course of the requester's trade or business for 2 Circle the minor's name and furnish the minor's SSN.
rents,royalties,goods(other than bills for merchandise),medical and
health care services(including payments to corporations),payments to 3 You must show your individual name and you may also enter your
a nonemployee for services,payments made in settlement of payment business or DBA name on the"Business name/disregarded entity"
card and third party network transactions,payments to certain fishing name line.You may use either your SSN or EIN(if you have one),but the
boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN.
attorneys(including payments to corporations). 4 List first and circle the name of the trust,estate,or pension trust.(Do
5.Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the
secured property,cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see Special
payments(under section 529),ABLE accounts(under section 529A), rules for partnerships,earlier.
IRA,Coverdell ESA,Archer MSA or HSA contributions or Note:The grantor also must provide a Form W-9 to trustee of trust.
distributions,and pension distributions.You must give your correct Note:If no name is circled when more than one name is listed,the
TIN,but you do not have to sign the certification. number will be considered to be that of the first name listed.
What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft
For this type of account: Give name and SSN of:Identity theft occurs when someone uses your personal information
1.Individual The individual such as your name,SSN,or other identifying information,without your
2.Two or more individuals(joint The actual owner of the account or,if permission,to commit fraud or other crimes.An identity thief may use
account)other than an account combined funds,the first individual on your SSN to get a job or may file a tax return using your SSN to receive
maintained by an FFI the account' a refund.
3.Two or more U.S.persons Each holder of the account To reduce your risk:
joint account maintained by an FFI)Protect your SSN,
4.Custodial account of a minor The minor' Ensure your employer is protecting your SSN,and
Uniform Gift to Minors Act) Be careful when choosing a tax preparer.
5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a
grantor is also trustee) notice from the IRS,respond right away to the name and phone number
b.So-called trust account that is not j The actual owner printed on the IRS notice or letter.
a legal or valid trust under state law If your tax records are not currently affected by identity theft but you
6.Sole proprietorship or disregarded The owner' think you are at risk due to a lost or stolen purse or wallet,questionable
entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline
7.Grantor trust filing under Optional The grantor*
at 1-800-908-4490 or submit Form 14039.
Form 1099 Filing Method 1(see For more information,see Pub.5027,Identity Theft Information for
Regulations section 1.671-4(b)(2)(i) Taxpayers.
A)) Victims of identity theft who are experiencing economic harm or a
For this type of account Give name and EIN of: systemic problem,or are seeking help in resolving tax problems that
8.Disregarded entity not owned by an The owner have not been resolved through normal channels,may be eligible for
individual Taxpayer Advocate Service(TAS)assistance.You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTYTTDD
9.A valid trust,estate,or pension trust Legal entity"1-800-829-4059.
10.Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes.
corporate status on Form 8832 or Phishing is the creation and use of email and websites designed to
Form 2553 j mimic legitimate business emails and websites.The most common act
11.Association,club,religious,The organization is sending an email to a user falsely claiming to be an established
charitable,educational,or other tax-i legitimate enterprise in an attempt to scam the user into surrendering
exempt organization I private information that will be used for identity theft.
12.Partnership or multi-member LLC The partnership
13.A broker or registered nominee The broker or nominee
CAO
Page 352 of 808
Form W-9(Rev.10-2018) Page
The IRS does not initiate contacts with taxpayers via emails.Also,the Privacy Act Notice
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your
information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to
If you receive an unsolicited email claiming to be from the IRS,
file information returns with the IRS to report interest,dividends,or
forward this message to phishing@irs.gov.You may also report misuse
certain other income paid
abtoandonment
you;
of cured
o
property;
interest
the cancellationou paid;the
of
of the IRS name,logo,or other IRS property to the Treasury Inspector debt;
acquisition
orco
or buttons
you de to an IRA,Archer h
General for Tax Administration(TIGTA)at 1-800-366-4484.You can nsncontrcollectingibutionsthis
you
umses
to
information ontheMS form tofi
The
forward suspicious emails to the Federal Trade Commission at person
nrns
this formh the
uses thereportingthothe file
spam@uce.gov or report them at www.ftc.govicomptaint.You can
information sr of this
with tionIRS include
the above information.
Depre
contact the FTC at www.fic.gov/idfheff or 877-IDTHEFT(877-438-4338). JusticRoutine for civil
information andgiving it to sthe Department of
If you have been the victim of identity theft,see www.identityTheftgov Columbia,
and criminal litigationel to cities,states,the District of
and Pub.5027. and U.S.commonwealths and possessions for use in
administering their laws.The information also may be disclosed to other
Visit www.irs.gov/ldentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil
how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence
agencies to combat terrorism.You must provide your TIN whether or
not you are required to file a tax return.Under section 3406,payers
must generally withhold a percentage of taxable interest,dividend,and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
CAO
Page 353 of 808
7/18/23,10:35 AM My Company Profile I E-Verify
An official website of the United States government
Here's how you know
Menu
My Company Profile
Company Information
Company Name
Heatherwood Construction Company
Doing Business As (DBA) Name
Heatherwood Construction Company
Company ID
426248
Enrollment Date
Jun 24, 2011
Employer Identification Number (EIN)
840838698
Unique Entity Identifier (UEI)
DUNS Number
825670156
Total Number of Employees
10 to 19
NAICS Code
https://everify.uscis.gov/account/company/profile
1/3
Page 354 of 808
7/18/23, 10:35 AM My Company Profile I E-Verify
236
Sector
Construction
Subsector
Construction of Buildings
Edit Company information
Employer Category
Employer Category
None of these categories apply
Edit Employer Category
Company Addresses
Physical Address
8880 Terrene Court
Bonita Springs, FL 341359524
Mailing Address
Same as Physical Address
Edit Company Addresses
https://everify.uscis.gov/accounticompany/profile CAO 2/3
Page 355 of 808
7/18/23, 10:35 AM My Company Profile I E-Verify
Hiring Sites
We have implemented a new policy and require more information for existing and
future hiring sites.
Number of Sites
1
Edit Hiring Sites
Company Access and M O U
My Company is Configured to:
Verify Its Own Employees
Memorandum of Understanding
View Current MOU
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services
Accessibility Plug-ins Site Map
ti5tr:J`
PIIIIIII
FIST,,.
https://everify.uscis.gov/account/company/profile i_a
z 3/3
ti.
Page 356 of 808
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Erik Squibb Construction Superintendent
Rick Mercer Project Manager
10
Construction Services Agreement:[2023_ver.2]
CAS
Page 357 of 808
EXHIBIT B-1: PUBLIC PAYMENT BOND
7901145512
Bond No.
Contract No. 23-8096
KNOW ALL MEN BY THESE PRESENTS: That
Heatherwood Construction Company as Principal, and
Nationwide Mutual Insurance Company as Surety,
located at One West Nationwide Boulevard Columbus,OH 43215 Business
Address) are held and firmly bound to Board of County Commissioners of Collier County,Florida as Obligee in the
sum of Five Million Three Hundred Forty Thousand Five Hundred Seventy One and 00/100- ($5,340,571.00 ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns,jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of De,CerWou
20 23 with Obligee for Pelican Bay New Maintenance Facility-Bid#23-8096 in
Naples,FL accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
Np1J 1-r-41-' 20 23 , the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement:(2023_ver.2)
Page 358 of 808
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Heatherwood Construction Company
illIllgllr
BY:
Witnesses as to Principal NAME: W'CIMMIEti"`'- d
ITS: si1zC5t
STATE OF F.IOrti da-
COUNTY OF Le-
The foregoing instrument was ackr/otwledged before me by means of kphysical presence or
online notarizatio his 3 day of 1 ote... " b 20 a-3 by
Z6 as 5:44 .k.
of4...a. .1 Gensawc At-• a corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)
take an oath.
My Commission Expires:
nature o otary Public)`
C it''! •; SUSAN N.MEINKET NAME: Su 5 IV'FLU;n k..-f'
i* w COMMISSION#HH 229992
1``'P` EXPIRES:February 17,2026
F;F a,Legibly Printed)
AFFIX OFFICIAL SEAL)Notary Public, State of log'de...-
Commission No.: N'} `041,1-
ATTEST: SURETY:
Nationwide Mutual Insurance Company
Printed Name)
Business Address
Authorized Signature)
Witnesses to Surety Printed Name)
12
Construction Services Agreement:(2023_ver.21
i'AO
Page 359 of 808
OR
C (Atka-jhltektgl.
As Attorney in Fact
Attach Power of Attorney)
01.4
Todd Schaap
Witnesses Printed Name)
One West Nationwide Boulevard
Columbus,OH 43215
Business Address)
614-249-7111
Telephone Number)
STATE OF Wisconsin
COUNTY OF Kenosha
The foregoing instrument was acknowledged before me by m ns of I physical presence or 0
online notarization, this L day of w h'"' , 20 23 , by
Todd Schaap as Attorney-in-Fact
Of Nationwide Mutual Insurance Company a corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
himself as identification and did (did not)
take an oath,
4MyCommissionExpires:1/22/2026
Sign ure of Notiry Public)
Name: Kimberly S.Rasch
Legibly Printed)
AF 4crtBt A 3F/r L)Notary Public, State of: Wisconsin
Z) ,••''"''••,, ••1 Commission No.: a
1) pUB L\G
13
Construction Services Agreement:(2023_ver.2J
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Page 360 of 808
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
Bond No. 7901145512
Contract No. 23-8096
KNOW ALL MEN BY THESE PRESENTS: That Heatherwood Construction Company
as Principal, and Nationwide Mutual Insurance Company
as Surety, located at
One West Nationwide Boulevard Columbus,OH 43215
Business Address) are held and firmly bound to
Board of County Commissioners of Collier County,Florida as Obligee in the sum of
Five Million Three Hundred Forty Thousand Five Hundred Seventy One and 00/100-
5,340,571.00 for the payment whereof we bond ourselves,our heirs,executors, personal
representatives, successors and assigns,jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 12, day of
TJecetm%MX 20 23 , with Obligee for
Paliran Ray Naw Maintananrn Farility-Rid tt73-AOQR
In
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee;and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract,then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety,for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes,extensions of time,alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 3 a y of
140 20 23 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement:[2023_ver.2l
C A()
Page 361 of 808
Signed, sealed and delivered
in th nce of PRINCIPAL
Heatherwoo onstruction Company
BY:
Witnesses as to Principal
NAME: IAN 1.f QA`^'
ITS:
STATE OF clo(- lc._
COUNTY OF LEA-
The foregoing instrument was acknowledged before me by means of Ephysical presence or 0
online,_
I
rotari a r41, this 31 day of NaIP zr 20 a 3, by
1/L+N+ -IPA- CGkW d a s
of LA hl Cs AS1T 'a" , a corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)
take an oath.
M Commi i•, .•' -
Sig of No ary Public)
SUSAN N.MEINKET
SI
I
MY COMMISSION#HH 229992 Name:S A.A..- A)• (*A KJ
EXPIRES:February 17,2026
ECF ke T —
Legibly Printed)
II
AFFIX OFFICIAL SEAL)Notary Public, State of: Flo do-
Commission No.: ' 'aa qq
15
Construction Services Agreement:(2023_ver.2)
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Page 362 of 808
ATTEST: SURETY:
Nationwide Mutual Insurance Company
Printed Name)
Business Address)
Authorized Signature)
Witnesses as to Surety Printed Name)
OR
As Attorney in Fact
Attach Power of Attorney)
74G-4 Todd Schaap
Witnesses Printed Name)
One West Nationwide Boulevard
Columbus,OH 43215
Business Address)
614-249-7111
Telephone Number)
STATE OF Wisconsin
COUNTY OF Kenosha
The foregoing instrument was acknowledged before me by rcieans of n physical presence or 0
online notarization, this 2-1 day of 20 23 , by
Todd Schaap as Attorney-in-Fact
Of Nationwide Mutual Insurance Company a Ohio corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
himself as identification and did (did not)
take an oath.
My Commission Expires: 1/22/2026
Signs re of Notat Public)
Kimberly S.Rasch
Legibly Printed)
AFFIX OS i
I S
f Wisconsin
Notary Public, State of:
S;Commission No.:nia
OTAR y .y
16
Au Boy
Construction Services Agreement:(2023_ver.2]
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Page 363 of 808
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation
hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint:
DANIEL H GIBSON;DAVID J RUDNIK;THOMAS 0 CHAMBERS;TODD SCHAAP;
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and
undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,
recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other
writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or
authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021.
0
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
i.kl STATE OF NEW YORK COUNTY OF NEW YORK:ss
f On this 20th day of August,2021,before me came the above-named officer for the Company
aforesaid,to me personally known to be the officer described in and who executed the preceding
f*:,SEAL ;instrument,and he acknowledged the execution of the same,and being by me duly
sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed
hereto is the corporate seal of said Company,and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said
M
Coym p any.
r (-
Stephanie Rubino McArthur
Notary Public,State New York
No.02MC6270117
Qualified in New York County Notary Public
Commission Expires October 19,2024 My Commission Expires
CERTIFICATE
October ts,zoza
I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued
by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors;and the foregoing power of attorney is still in full force and effect.
IN WIT SS VHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this Z ay of
t•SCI' 16<— 2023 .
Assistant Secretary
BDJ 1(08-21)00
Page 364 of 808
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The
Contractor shall procure and maintain property insurance upon the entire project, if required, to the full
insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's
separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County", or, the specific solicitation number/contract number and title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and
shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT
B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor
has any self-insured retentions or deductibles under any of the below listed minimum required coverage,
Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions
or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured
retentions or deductibles will be Contractor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and
nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
17
Construction Services Agreement:[2023_ver.2]
CAS'
Page 365 of 808
Contractor under this Agreement or any other agreement between the County and Contractor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later
than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the
County with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
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Construction Services Agreement:[2023_ver.21
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Page 366 of 808
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me,the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
1) In accordance with the Contract Documents and in consideration of $ to be received,
Contractor") releases and waives for itself and it's subcontractors, material-
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated 20 for the period from to
This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS: President
DATE:
Witness
Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this
day of 20 by as
of a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)take an oath.
My Commission Expires:
Signature of Notary Public)
NAME:
Legibly Printed)
Notary Public, State of
AFFIX OFFICIAL SEAL)
Commissioner No.:
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Construction Services Agreement:[2023_ver.2]
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Page 367 of 808
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer
Owner's Project Bid No.
Manager's Name: Project No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name& Payment Application No.
Address:
Original Contract Time: Original Contract Price:
Revised Contract Time: Total Change Orders to Date:
Revised Contract Amount:
Total Value of Work Completed & $
Stored to Date:
Retainage @5% through $ Retainage @ 5% through [Insert $
Insert Date] datet
Retainage @ Less Retainage
after[Insert date]
Total Earned Less Retainage
Less previous payment(s)
Percent Work Completed AMOUNT DUE THIS
to Date:APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager
Name:
Signature: Date:
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Page 368 of 808
EXHIBIT D(Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To.
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL
NUMBER VALUE MATERIALS COMPLEI tU COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS STORED reduced rate( WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of
retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed
in the Since Date column.This states what has happened since the change in retainage.
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Page 369 of 808
Exhibit D
Continued)
Stored Materials Record
Formula:A+ B- C- D = E
A B C D E
Balance
Invoice Previously Received Previously Installed To
Date Description Supplier Number Received This Period Installed This Period Install
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Construction Services Agreement:[2023_ver.21
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Page 370 of 808
EXHIBIT E: CHANGE ORDER
Procurement Services
Collier County Change Order Form
Contract Modification Work Order Modification
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Contract/Project:
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 DIV/01 Total Change from Original Amount
Reused Contract/Work Order Total $ 0.00 DIV/01 Change from Current BCC Approved Amount
Cumulative Changes 0.00_ #DIV/01 Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) D Other
Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or
the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact
if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.The
adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/
Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs.
Accepted by:Date:
Contractor/Vendor/Consultant!Design Professional and Name of Firm,if project applicable)
Accepted by:Date:
Design Professional and Name of Firm,if project applicable)
Approved by:Date:
Division Director or Designee)
Approved by:Date:
Procurement Professional)
23
Construction Services Agreement:[2023_ver.2]
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Page 371 of 808
Change Order/Amendment Summary
COST TIME
CO# AMD# Description Additive Deductive Days New Justification
L#1 L1 Added Amount
Revisal a,. 402021 Consign who may sm-.te ant bone sgnatufes Tay ociude on sepzrate street.) ` PROCUREMENT U se or v
eSm n 1 BCC ESL______
24
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Page 372 of 808
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR:
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specifiedpartsthereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives
of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially
complete in accordance with the requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES:
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Page 373 of 808
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 20
OWNER
By:
Type Name and Title
26
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Page 374 of 808
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:PO No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one-year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:Company Name)
Signature)
Typed Name&Title)
By Design
Professional: Firm Name)
Signature)
Typed Name&Title)
By Owner: Department Name)
Signature)
Name &Title)
27
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Page 375 of 808
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 receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
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limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re-submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
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stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in
the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing
does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each
monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any
reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes,
shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released
to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with
Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "[aches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off-set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
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
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 administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
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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 of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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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);
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
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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:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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(c coliiercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
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agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material-men, as well as coordinating its Work with all
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
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10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by
Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make
a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any
claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right
to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim
with respect to Contractor's costs associated with any Payment Application, Change Order or Work
Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
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
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the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
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
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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
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.
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If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the"Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
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17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
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
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or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion)is substantially complete. Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
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not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch-list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
1) Receipt of Contractor's Final Application for Payment.
2) The Release and Affidavit in the form attached as Exhibit C.
3) Consent of surety to final payment.
4) Receipt of the final payment check list.
5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers,fabricators,suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1)year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
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
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expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight(8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
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,
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Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential
costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is defective, Contractor shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
including, but not limited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
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
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of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
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
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shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner
associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor,without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
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.
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Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
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;
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28.5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
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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.
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.
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The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub-
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
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
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price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
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34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
DL-FMOPSCa colliercountyfl.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.
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38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing /will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Attached hereto, following this page
n Not Applicable
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
The parties (Collier County and Contractor) agree to amend the Agreement within no
later than ninety (90) days of the effective date to comply with legislative changes to Fla.
Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., §
255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project
closeout and payment of retainage, and Fla. Stat., §255.078, Public construction
retainage, (with an effective date of July 1, 2023).
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