#10-5561 (Electrical Contracting Services)
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: September 14, 2010
RE: Review Insurance for Contract: #10-5561 "ARRA Green Lighting
for Parks-Eagle Lakes"
Contractor: Electrical Contracting Service, Inc.
This Contract was approved by the BCC on September 14, 2010; Agenda
Item 16.0.2
Please review the Insurance Certificates for the above referenced contract.
If everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
dod/LMW
C: Vicky Ahmad, Parks & Rec.
RLS# \0 ~~ 0\ ~o 9
CHECKLIST FOR REVIEWING CONTRACTS
EntityNam" r \ec... ~iCa.L c1n-tib~ &.Ni~ ~.
Entity name correct on contract? ~ No
Entity registered with FL Sec. of State? ~ Y es No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &lor Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $ \ W'\ ~ \ \
FirelProp Damage Required $
Automobile Liability \ \
Bodily Inj & Prop Required $ \ t'Y\ ~ Provided $ \ m \ \ \
Workers Compensation
Each accident Required $~ Provided $ \0"\\\\
Disease Aggregate Required $~' Provided $ 2" J I
Disease Each Empl Required $ ~ Provided $ _
Umbrella Liability . ~V".
Each Occurrence Provided $ Exp Date
Aggregate Provided $ Exp Date
Does UmbreIla sufficiently cover any underinsured portion? Yes
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:~~ Required $
. \\Oc...~ ~~
County required to be named as additional insured?
County named as additional insured?
~:
2f;:
No
No
No
No
Exp. Date ~
Exp. Date~
Exp. Date . I
Exp. Date
Exp. Date
Exp Date ~ I
Exp Date ~
Exp Date III I ,
Exp Date
I /
Provided $'J..rni\ \
Provided $~
Provided $ , I . )
Provided $ I r J I
Provided $ \ CO 'If
No
Provided $
Provided $
Exp. Date
Exp. Date
__~ Provided $~'lt ~'O Exp Date ~ I
~ No
~ No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
0es
Yes
~
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract? ""2. 7 , , 0 Cj (;,
Agent registered in Florida?
~
No
~
~es
es
es
Yo<
~
~
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
No
No
No
No
No
No
No
Attachments
Are all required attachments included?
~~~lnitiaIS:~ V.
Date: I
04-COA-Ol 22
D
FILE NO.:
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ITEM NO.:
ROUTED TO:
7.010
28 PH 2: 0 I
DO NOTWRITE ABOVE THIS LINE
FROM:
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
-Uv-o q I y) D.):
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Date:
REQUEST FOR LEGAL SERVICES
September 14. 2010 ./ ~ &
Office of the County Attorney/"
To:
Re:
Contract: #10-5561 "ARRAGreen Lighting for Parks-Eagle Lakes"
Contractor: Electrical Contracting Service, Inc.
BACKGROUND OF REQUEST: ~
This Contract was approved by the BCC on September 14, 2010; ~
Agenda Item 16.0.2
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you. \\ \ \-::~
~\~
C: Vicky Ahmad, Parks & Rec. \'0\0.(0
www.sunbiz.org - Department of State
Page 1 of2
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Florida Profit Corporation
ELECTRICAL CONTRACTING SERVICE, INC.
Filing Information
Document Number H65188
FEI/EIN Number 592552102
Date Filed 07/03/1985
State FL
Status ACTIVE
Principal Address
2375 WEST 77 STREET
HIALEAH FL 33016 US
Changed 02/17/2002
Mailing Address
2375 WEST 77 STREET
HIALEAH FL 33016 US
Changed 02/17/2002
Registered Agent Name & Address
FLOYD, CHARLES H.
2375 WEST 77 STREET
HIALEAH FL 33016
Name Changed: 02/13/1995
Address Changed: 02/17/2002
Officer/Director Detail
Name & Address
Title STD
FLOYD, CHARLOTTE
16475 NE 32 AVE
NORTH MIAMI BEACH FL 33160
Title P ~
FLOYD, CHARLES
16475 NE 32 AVE
NORTH MIAMI BEACH FU 3160
Annual Reports
Report Year Filed Date
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L- doc _number=H65188&in... 9/2912010
A G R E E MEN T 10-5561
for
"ARRA Green LiQhting for Parks - EaQle Lakes"
THIS AGREEMENT is made and entered into this ~ay of ~+~~~IM-'" , 2010, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Electrical Contracting
Service, Inc., authorized to do business in the State of Florida, whose business address is 2375 West
7ih Street, Hialeah, Florida 33016 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: This Agreement shall commence after receipt of the Notice to Proceed, in
the form of a letter from the Contract Manager. The work shall begin within ten (10) days after
receiving a Notice to Proceed from the County and the Contractor shall have the Work complete
within one hundred eighty (180) calendar days from the Notice to Proceed. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms
and conditions contained in this Agreement for up to thirty (30) days. The County Manager, or
his designee, shall give the Contractor written notice of the County's intention to extend the
Agreement term, not less than ten (10) days prior to the end of the Agreement term then in
effect.
2. STATEMENT OF WORK. The Contractor shall provide labor and materials to retrofit existing
light fixtures with new Energy Efficient Lighting (Musco's Green Generation Lighting System) in
accordance with the terms and conditions of BID #10-5561, ARRA Green Lighting for Parks-
Eagle Lakes and the Contractor's bid referred to herein and made an integral part of this
agreement. This project is being funded by the American Recovery and Reinvestment Act
(ARRA) under a grant from the United States Department of Energy (USDOE), Energy Efficient
and Conservation Block Grant (EECBG) and the Contractor must meet all the requirements for
ARRA implementation, disposal and reporting as set forth in Exhibits I.A, I.B and I.C, granting
requirements. This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and
the County project manager or his designee, in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this
Agreement an estimated maximum amount of Two Hundred Seventy Six Thousand Ninety Six
Dollars ($276,096.00), based on the unit prices set forth in the Contractor's bid, subject to
Change Orders as approved in advance by the Project Manager or his designee.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Electrical Contracting Service, Inc.
2375 West 7ih Street; Hialeah, FL 33016
305/556-0041 Telephone; 305/820-0553 Fax
Charles H. Floyd, President
Page -1-
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. 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.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
Page -2-
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees. meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
Page -3-
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
14.PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence
indicating probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or un-liquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. 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
Page -4-
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 an.y right which
Contractor may have had to request a time extension.
C. 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 his 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.
17.CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect atthe time such modifications are authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing.
19. CLEAN UP. 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.
20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. 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.
21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
Page -5-
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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
22.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
24. PROTECTION OF WORK.
A. 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 anyone for whom
Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
S. 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.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss.
Page -6-
Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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.
26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
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, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending
that on the basis of his 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. Final payment
shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Parks and Recreation Department.
Page -7-
28.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, BID NO.1 0-5561, any addenda,
any Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Purchase Order.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
30.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. 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.
32 IMMIGRATION LAW COMPLIANCE: 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.
33. 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.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
Page -8-
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
By:
(
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'--1 · W. ~
By: ~
Fred W. Coyle, Chairman.
ATTEST: ..
Dwight E. Bro<:kiClerk of Courts
~~~.~
First Witness
Electrical Contracting Service, Inc.
By: ~Q.. ~ \h.""\1..\_
Signature
Charles H. Floyd
Typed Signature
JoAnn Morales
Type/print7it ss Name
cJ ...
Second Witness
President
Title
Charles (Chuck) Floyd
Type/Print Witness Name
Page -9-
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract NO.1 0-5561
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida" Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this 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 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
Page -10-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
20_, by_
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page-11-
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -12-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract NO.1 0-5561
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_. with Oblige for
.
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -13-
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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
20____, by ,as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
day of
of
corporation, on behalf of the corporation.
as identification and
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -14-
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
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 $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
20_ for the period from to
(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, have been fully satisfied and paid.
(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:
ITS:
President
Witnesses
DATE:
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me 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)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -16-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No. 10-5561
Project No.
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the Date:
RE:
Name)
(Project
%
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
Page -17-
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
TO:
CONTRACT NO.1 0-5561
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L---> calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,20
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -18-
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 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 aI/-
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.
Page -19-
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
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
Page -20-
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -21-
The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
,20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -22-
EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -23-
Exhibit I.A
Granting Agency Requirements
Funded by the US Department of Energy
Energy Efficiency and Conservation Block Grant Program
It is the intent of the County, whenever feasible, to use this agreement for the design, planning and/or
execution of projects funded by County, and/or public and/or private granting agencies. The purchase of all
goods and services that are funded through Federal and/or State Grant Appropriations shall be subject to the
compliance and reporting requirements of the Federal/State Granting Agency.
1. Debarment and Suspension (E.O.s 12549 and 12689)- Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the nonprocurement
portion of the General Services Administration's List of parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors
with awards that exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that
they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain
subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the
provisions of31 U.S.C.-6101,note, EO.12549,EO. 12689,-48 CFR 9.404, and each agency's
codification of the Common Rule for Non procurement suspension and debarment. Contractors
debarment and suspension status will be validated at the Federal Excluded Parties List System at:
https:/Iwww.epls.Qov/ and the State of Florida at http://dms.mvflorida.com/
business_operations/state _purchasing/vendor _ information.
2. American Recovery and Reinvestment Act of 2009 (ARRA) Special Terms and Conditions: The American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and
create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and
health, invest in transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases
(http://www. recovery. QOV I?q=contentlact)
A. ReQistration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central
Contractor Registration database (CCR). CCR registration can be completed at http://www.ccr.Qov. CCR
registration must be completed before to issuance of a Notice to Proceed. Registration must be obtained
during the life of the grant funded contract.
B. ReportinQ: Federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009
(ARRA) , requires vendors to report their Dun and Bradstreet number (DUNS). Vendors who do not know
their DUNS number may receive more information through www.dnb.com and select "D & B D-U-N-S
Number." A DUNS number request takes approximately 30 days to receive and there is no cost. Vendors
will need this number if they are awarded a project with ARRA funds by Collier County prior to issuance of
a Notice to Proceed. This number must be maintained through the life of the grant funded contract.
Depending on the contract amount and annual gross revenues in Federal awards, vendors may also need
to report the names and compensation of the five most highly compensated officers of the company. A
DUNS number is one of the requirements for registration in the Central Contractor Registration. In
addition, the vendor shall provide any required data such as but not limited to number of jobs created to
adhere to the reporting requirements of ARRA funding by the deadlines the County establishes.
Page -24-
3. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain exceptions, no funds
appropriated or otherwise made available for a project may be used for the purchase of equipment and
products, construction, alteration or repair of a public building or public work unless all the iron, steel and
manufactured goods used are produced in the United States. The law covers Recovery Act-funded federal
contracts as well as Recovery Act-funded state and local public works projects.
4. Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1)
The vendor will take all necessary affirmative steps to assure that minority firms, women's business
enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i)
Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii)
Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources; (Hi) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's business
enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises; (v) Using the services
and assistance of the Small Business Administration, and the Minority Business Development Agency of
the Department of Commerce; and
5. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with E.O.
11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
6. Copeland "Antl-Kickback" Act (18 U.S:G. 874 and 40 U.S.C. 276c) -All contracts and subgrants in excess
of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of
Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding
agency.
7. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - Section 1606 of the Recovery Act requires that
all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be
paid wages at rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United
States Code. When required by Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-
Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part
5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a
rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place
a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation
and the award of a contract shall be conditioned upon the acceptance of the wage determination. The
recipient shall report all suspected or reported violations to the Federal awarding agency. Prevailing
wages are available at the US Department of Labor's site http://www.qpo.qov/davisbacon/ fl/html. General
Decision Numbers FL080111 and FL080252 are attached.
8. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other
contracts that involve the employment of mechanics or laborers shall include a provision for compliance
Page -25-
with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each
contractor shall be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and
provides that no laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
9. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance
of experimental, developmental, or research work shall provide for the rights of the Federal Government
and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
10. Clean Air Act (42 U. S. C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U. S. C. 1251 et
seq.), as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the recipient to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
11d: Byrd Anti-Lobbying Amendment (31- U. S. C. 1J52)""'-' Contractors who apply or bid for an award . of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
12. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some
of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or
8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -- (1)
to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State
or local agency administering such contract that pertain to, and involve transactions that relate to, the
subcontract, subcontract, grant, or subgrant; and (2) to inteNiew any officer or employee of the
contractor, grantee, subgrantee, or agency regarding such transactions.
13. Protecting State and Local Government and Contractor Whistleblowers. - The requirements of Section
1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An
employee of any non-Federal employer receiving covered funds under the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's
duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with supeNisory
authority over the employee (or other person working for the employer who has the authority to investigate,
discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of: - gross management of an agency
contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific
danger to public health or safety related to the implementation or use of covered funds; - an abuse of
authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation
Page -26-
related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded
or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector
general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient
basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The
agency shall either issue an order denying relief in whole or in part or shall take one or more of the
following actions: - Order the employer to take affirmative action to abate the reprisal. - Order the
employer to reinstate the person to the position that the person held before the reprisal, together with
compensation including back pay, compensatory damages, employment benefits, and other terms and
conditions of employment that would apply to the person in that position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the
employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the
head of a court of competent jurisdiction. Nonenforceability of Certain Provisions Waiving Rights and
remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any agreement, policy,
form, or condition of employment, including any predispute arbitration agreement. No predispute
arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this
section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights
and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed
language for the notices.).
Page -27-
Exhibit I.B
Granting Agency Forms
GRANTING AGENCY FORMS
DISCLOSURE OF DUNS AND CCR NUMBERS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and
create iobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to
increase economic efficiency by spurring technological advances in science and health, invest in transportation,
environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local
government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and
local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection such as the number of iobs created, and resources as specified in Act itself
and as discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must reqister with Central Contractor Reqistration
database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must be completed before
the first quarterly Section 1512 report is due.
Federal reportinq on proiects funded bv the Recovery Act. will require contractors and subcontractors to report their
DUNS number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number,
visit www.dnb.com and click on "0 & B D-U-N-S Number" to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal reporting
requirements for the project(s), through monthly reports, for both the contractor and subcontractors. The Contractor shall
provide the required information on form(s) provided by the County in the timeframe indicated in the instructions and shall
further include these reporting requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority: (1) to
examine any records of the Contractor or any of its subcontractors, or any State or Local agency administering such
contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any
officer or employee of the Contractor or any of its subcontractors, or of any State or Local government agency
administering the Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under
Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA.
Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any existing
authority of the Comptroller General.
PROVIDE THE FOLLOWING FOR ARRA 1512 REPORTING:
NAME DUNS # CCR#
Prime
Sub #1
Sub #2
Sub #3
Sub #4
Sub #5
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Granting Agency Forms: Declaration of Debarment
The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as
"Debarment and Suspension") shall sign the appropriate declaration under this exhibit. .In doing so, the
undersigned hereby declares that:
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined
under Section XXIX of the Collier County Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of
the date of this submission.
3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed
when this submission was entered and evaluated. Further, should it subsequently be determined that the
signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right
to reject the bid offer associated with this declaration and/or suspend/debar the bidder/signatory.
4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time
they learn that its declaration was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or
supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this agreement, unless otherwise authorized by the Collier County
Purchasing/General Services Director.
The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set
forth therein:
(A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public
agency.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
(8) I am unable to declare that my firm is in compliance with one or more statements contained within this
declaration and I shall attach an explanation for determination by the Collier County Purchasing Director.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
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