#10-5586 (Varian Construction)
Co~ey County
Mmnislralive Servioos Or.-ision
Purchasing
Installation of Generator at CAT Facility
COLLIER COUNTY BID NO. 10-5586
COLLIER COUNTY, FLORIDA
Design Professional
Thomas J. Lepore, P.E.
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Purchffiing Deparm:mt. 3327 iamiami Tred East. Naples. f1o~!da 34112.4901' WNW WIJ:8rgOV netipu:chasiI1g
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
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
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Thomas J. Lepore, P.E.
and identified as follows: Installation of Generator at CAT Facility
as shown on Plan Sheets E-1 through E-4.
EXHIBIT N: Contractor's List of Key Personnel
eo1tr County
Mrnnislralive Servioos Dr.ision
Purchasing
PUBLIC NOTICE
INVITATION TO BID
Installation of Generator at CAT Facility
COUNTY BID NO. 10-5586
Separate sealed bids for the Installation of Generator at CAT Facility, addressed to Mr.
Steve Carnell, Purchasing Director, will be received at the Collier County Government,
Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112, until 2:30 P.M. LOCAL
TIME, on the 23rd day of November, 2010, at which time all bids will be publicly
opened and read aloud. Any bids received after the time and date specified will not be
accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the CAT facility at 8300 Radio
Road, Naples, Florida, at 11:00 a.m. LOCAL TIME on the 15th day of November,
2010, at which time all prospective Bidders may have questions answered regarding the
Bidding Documents for this Project.
This is a complex project and attendance at the pre-bid is strongly recommended.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Installation of Generator at CAT Facility, Bid No. 10-5586
and Bid Date of November 23,2010". No bid shall be considered unless it is made on
an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to
submittal
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.neUbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
GC-PN-1
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within ninety (90)
calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 5th day of November, 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Purchasing Department, 3327 Tamiami Trl E, Naples, FL
34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed
in another sealed envelope addressed as above. Bids received at the location
GC-IB-1
specified herein after the time specified for bid opening will be returned to the bidder
unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
Section 5. Siqnina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory. In instances where the Owner has deemed the
pre-bid to be mandatory. the Bidder's failure to attend the pre-bid conference
shall result in the reiection of his bid.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner. When the contract is awarded
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Purchasing Agent of the Owner's Purchasing Department or his or her designee and
delivered to the intended awardee or mailed to awardee at the business address shown
in the Bid
12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.4 Certificate of Authoritv to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
GC-IB-5
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
GC-IB-6
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval
Section 16. Prohibition of Gifts
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.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with 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, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies 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; and may not transact business 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."
GC-IB-7
Co~CountY_
MMnislralive Servioos DMsion
Purchasing
Email: Iynwood@colliergov.net
Telephone: 239-252-2667
FAX: 239-252-6593
ADDENDUM #1
Date:
November 18, 2010
From:
Lyn M. Wood, C.P.M.
Contract Specialist
To:
Interested Bidders
Subject:
Addendum # 1 -10-5586 -Installation of Generator at CAT Facility
The following clarifications are issued as an addendum for the referenced solicitation:
1. Q - What is the weight of the generator with fuel?
A - The approximate weight is 30,000 Ibs. Exact weight is not available.
2. Q - What is the location of the generator pad?
A - The approximate location of the generator pad is shown on the drawings. The
final layout of all equipment is to be field determined and approved by the
Engineer.
3. Q - Is everything to be hand dug?
A - Hand digging will be required at all locations.
4. Q - Is Note #28 on sheet E-3 correct?
A - It is correct as stated.
5. Q - What will be the final route for the feed going to the North Building Electrical
Room "A"?
A - This is addressed in REV C drawings attached.
6. Q - If we are to install hand hold box and reuse part of existing feed conduit for the
question above, how are we to get the branch circuit for the generator and new
Electrical Rack from this Electrical Room?
A - This is addressed in REV C drawings attached.
AddendumTemplate
Revised: 4/15/10
1
7. Q - Are the mufflers on the generator enclosure to be painted? If so, what color?
A - Yes, with high temperature paint. Owner may select from available colors.
8. Q - What is the slab depth? 28"? 16"?
A - See REV C drawings attached.
9. Q - What is the depth of the anchor bolts?
A - See REV C drawings attached.
10. Q - Are steps required? Are handrails required?
A - See REV C drawings attached.
11. Q - Is the Contractor responsible for locates?
A - Yes, it is a matter of law for the Contractor to call.
12. Q - Per the plans it calls for the exterior of the Weatherproof housing of the generator to
be painted, does this include the bottom on the belly tank?
A-No.
13. Q - Sheet E-4 "generator notes" note #2, since the generator is existing from the owner
Please supply us with the size of the stainless steel bolts we are to use.
A - See REV C drawings attached.
CHANGE - Questions may be posted on e-procurement until 5:00 pm on Monday, November 22,
2010.
CHANGE - The bid due date is extended to 2:30 pm on Tuesday, November 30.2010.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
cc: John Clements, Project Manager
Tom Lepore, Engineer
Attachments: Drawings
Pre-bid Sign In Sheet
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature)
Date
(Name of Firm)
2
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Installation of Generator at CAT Facility
BID NO. 10-5586
Full Name of Bidder toM-oJ'. VAR.\h~ c....."""\ Cc...}WL..
Main Business Address e!:>8& Ilo-r!::! ~u r-J Su,7.. 9
Place of Business P ~.~ . FL ~y l <:l ~
-
TelephoneNo.2-'6'1 51lf 0103 Fax No. '2.-s'J ~'lI oSS"G:>
State Contractor's License # C!.t. L OCD (If ( 'Z.--
State of Florida Certificate of Authority Document Number rp9{,ooCf4qcJ GS-
Federal Tax Identification Number (PO' CI'o i'15d'l
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 Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
Bid Schedule
Bid # 10-5586
Installation of Generator at CAT Facility
Task
,
Bonds-Payment, Performance and Maintenance or Guarantee
Automatic Transfer switch
Panel 'OF'
(2) 800a Circuit Breaker & Enclosures
Construct equipment rack
Labor - Owner supplied GDP-l
Labor - Owner supplied transformer
New Panelboard 'A'
Conduit, conductors and fittings
Grounding System
Utility metering enclosures
Crane & operator to move and set generator
Form, reinforce & pour concrete pad
Trenching, backfill & compaction
Cut, remove and replace asphalt
Preparation and painting of Generator
Debris container and removal
Project management
Total Cost
Wm. J. Varian Const. Co., Inc.
Cost
$ 5,940.00
1$ 17,665.25
,
$ 2,200.00
! $ 13,605.50
$ 880.00
$ 880.00
$ 880.00
$ 3,080.00
$ 16,872.30
1$ 2,847.00
$ 4,328.50
: $ 2,420.00
$ 8,965.00
,$ 550.00
$ 550.00
$ 3,820.30
1$ 440.00
I $4,300.00
$90,223.85
BID SCHEDULE
Installation of Generator at CAT Facility
Bid No. 10-5586
Please download separate file from www.colliergov.netlbid
GC-P-2
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. 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 Sid specifications.
Company: tuM. - S - V PrtL\AV Ct>> I.) S"Z Ct,. ~ "" L
Signature: {A)./'- '-' _ Ii. Date: II. 'Et}-J D
'P2..Sn.....r
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: ~-~.. ~1I/l>1.- Lu
Signature: _ _
J....L
p~~
Date: /I-?:p .10
GC-P-3
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 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
PI.\e. '7 ~ G:O~T14 L
~I 2?~ S7Ff'tJ
).I~~
2.
3.
4.
5.
Company:
lJ f.A _.3 r V M-~..; C1AlS'7 . C0 . J j,ov'L
W r----...... '___'
Date)}-gD.IO
Signature:
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five 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.
Proiect and Location
Reference
1.
F--E-.-1:)b~'~ I-I-MT.......
",)1. t;;;U 'l.A.'30-nt ~-r,;...)
~i...lc.tQ~ &~...
).J~" J=L
~{lL,-ns +"7~0fI> 6..Jrl/l.-
1\.I~l--s I FL
Lf&"S- '6100
2.
"BIZ.."""", FlwM.M I ~ '-Ios- II () 2-
t""j O~,.J GI~7s Z5'3 . 11.f(, I
---.-.
ILRA-tt.. ltiUJL 41~. >SIt
3.
Ce.J{I~ :JAIL- LAv~
}J .4f' L-t, r-'L
4.
~~W's. C/...b~.;"
5.
VAo.JAl:Al?,wr ~ ~....e,.
-----,-,/IN'I2 4 ~
5'i1J . <j/~
6.
~-r...,.At.o~ @ N~ n.;
-'J)AJ '" 6(\ M€1,^~
~ 5'3, (,Dlf
Dated II . Y; . 10
W 1L-L-~.3, V~~
Bidder ?eo';.~
Lt\.,J r---.:
BY:
GC-P-5
eo1tr County
~""-..
AdminislratJve SeMces Divislon
Purchasing
Immigration Law Affidavit Certification
Solicitation # and Title:10-5586 -Installation of Generator at CAT Facility
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / 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 vendor'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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv proaram.
shall deem the Yendor / Bidder's proposal as non-responsive. Documentation of these reauirements will
not be accepted after the bid / proposal deadline date.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's / Bidder's proposal.
Company Name .L,.)M _.3~ V~vw Q,"S1-- Ce..JW (
Print Name L.y Il..l_~ -::r 1/ AfL\.e:..N Title
(0 r---:-
,?fhSf.\~
II {gDItD
,
Signature
Date
State of ..Elf \ , (v(
County of fell \ ( I
;::tl)
The !!>regoing instrument was signed and acknowledged before me this /)( day of
20-U-,by
L\ 1\\ )(t\iYl ) Yet \1' (\~) who has produced
(Print or Type Nam~)
7 fUU J,.".,
Notary Public Signatur ,')
~ le-c, I+'\~pn \CCClC
Printed Name of Notary Public
D0 Cj<;" [ Iltl -I-Lf ,)C/lj
Notary Commission Number/Expiration
,('[t,
t- L- \) i_ as identification
(Type of Identification and Number)
Marlellen Puccio
Notary Public, State of Florida
MY COMMISSION #00 980119
EXPIRES July 4. 2014
80nded through CNA Surely
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
GC-P-6
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the 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 Notice of Award, the undersigned proposes to commence work at the site
within 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 sixty (60) 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.
Respectfully Submitted:
State of F,\c'r (\(~
County of ('( l- \ ( \
(Ll \L,L ~ :r - Vt::>.l2...'-~ , being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
"'
W (LL-"","",,^ ~ _ \J ~"-- , also deposes and says that it
has examined and carefully prepared its Bid from the Bidding Documents, including the Contract
Drawings and Specifications and has checked the same in detail before submitting this Bid; that
the statements contained herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and
, which operates
1>,f2..-..J c,,,",~? Co. ....
existing under the laws of the State of
under the legal name of
, and the full names of its officers are
GC-P-7
President W l-L~ S V Afl-v';-
Secretary 1't\.AtL1., IS. VN2.\~
Treasurer_Y\M-il..\C5 IS. VAR...\~
,.
Manager--I' ~
'"--'"
The ~o<i>~
contracts for the company
is authorized to sign construction bids and
by action of its Board of Directors taken
I a s9Ftifi.....d l,;Upy ur vvl';ull ;., IICI vlo 8ttsehea (strihs gilt this
I~~t t::~nt~n"'.::ro if Rot ~pplisaBle).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual ose full name is
operating under a trade name,
DATED
, and if
legal entity
Witness
Name of Bidder (Typed)
Witness
Signature
Title
GC-P-8
STATE OF ~\r,~ At,
COUNTY OF (t\ \ \ (1
The fqre,.Qoing instrumen,wa~ a. cknowledged before me this:x':;\L bay of ~ )~\ I .~ ,2010,
by U., \ \\\Cl,vV) _) ~lh{I~' , as I\){.II lei I fdrc... of
r ( ,\ I Ie, 1 \ I \ \e" I ~) ),,-;;rl.\{rtf {~) , a T I c( corporation, on behalf of the
corporation.. !;ie/she is personally known to me or has produced
FL \)L - as identification and did
(did not) take an oath.
NAME:
, i )
(1 IlL 21 d l{11 (7Th11
(Signature of Notary~
lh\ T(\k'n~l(( 1(;
(Legibly Printed)
My Commission Expires: 'J-l)' <)('., L \
~
Notary Public, State of
Commission No.: DJ:> cc;;,{'. .
(AFFIX OFFICIAL SEAL)
Mariellen Puccio
Notary Public, Stole ~ :~:1~
tIi'I COMMISSION #D
\ EXPIRES July 4, ':ls~lelY 1
IlOI1ded through C
GC-P-9
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your
Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
7. Certificate of Authority to Conduct Business in State of Florida
8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trl E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
<=:>Bid Number;
<=:>Project Name;
<=:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the specified
oDenina date and time, otherwise Bid cannot be considered.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
W'M. - ..:J - V p.e.. \IW Co. N S7.. c.". 1""'(.
Bidd;)ame
l ~
Signature & Title
Date:
??~~
Il(1tJj1 v
GC-P-12
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned Lv I Ll.-~ ::Y V ~,~
her knowledge and belief, that:
( Contractor) certifies, to the best of his or
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. S 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. S 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, W \ l.Lv\\.... ::s- V ~ , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agre~ that the provisions of 31 USC. A 3801, et seq., apply to this certification and disclosure, if any.
j AJ ^ ' - Signature of Contractor's Authorized Official
(-", IL-L \An....T V f!>I2-\M ~ Name and Tille of Contractor's Authorized Official
1\ (sl.7l cd Date
GC-CA-I-38
COLLIE~ AREA TRANSIT INFORMATION
3. COLLIER --,
1. FTA FUNDING SOURCE 2 FTA AGREEMENT CONTRACT # 4. LOCAL AGENCY'S NAME ,
AMOUNT OFBJRFP or PgJ _.._
- -....-- - -'--'-~'-'-,--
Collier Area Transit
pRIME VENDOR I CONTRACTOR.lNFORMATION -1
5. PRiME CONTRACTOR'S NAME ~~ID N~MBER - PRIME CONTRACTOR) 7 CONTRACT DOLLAR AMOUNT
, -_.__..._--_.~._- ~--- --_._-~
'J - VAIl.'IW c'.s1-tJ 0.( , e.S. ,:;(,,775 iY<t
'WM. i
~-~._-_. -
f9 ISTHE PRIME A FlORIDA- CERTIFIED -.T~ES ~ ! 10. ISTHEWORKOF THIS CONTRACT
fci~_~~VA_~TA~EDBUSINESS ENTERPRISE _~~~__.~;ONSTRUGTION)( OR CONSULTANT DOT HER?
11, REVISION (Y/N)? _.1:L IF Yf::S, REVISION NUMBER
~
-~
IF PRIME HAS SUBCOKTRACTOR(S) OR SUPPUER(S) WHO IS A DBE, COMPLETE SECTION #12.
12. ANTICIPATED DBE SUBCONTRACTORS (BELOW)'
OBE SUBCONTRACTOR OR SUPPLIER
TYPE OF WORK/SPECIAL TV
DOLLAR AMOUNT
PERCENT OF
CONTRACT
DOLLARS
I'
,
------j
I
,e
i==-= J __
-- _ n__~__ I -----
,
- --------- i ;::.:",^",w<;m ""'''''',"m"oc
r ~~-$O.OO CONTRA<::.'_.
15. TITLE OF SUBMITTER I
1~M':;:A~ ~~~NTRACTO,"SUBM'TTER M :;0 W 17~~~;:U=~-':PHON[-::E:=r
~\ll'ln AoL-~ 2.-.'7 S,'ioS's=-c;l "L,,~ 57<( 0103 L
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED OBE PARTICIPATION IN ALL FEDERALL Y- FUNDED FDOT I
CONTRACTS. THE ANTICIPATED OBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TEHMS THIS
FORM MUST BE SUBMITTED AT THE PHE- CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE !:'.OUAL OPPORTUNITY
OFFICE
19 SUBMITTED BY
~2~~MAIL ~DRES'-9F SU8M'Tl""--_
- -~_120 DATE
21. TllL[ OF SUBMITTER
n~
23_ FAX NUMBE:R ---=-t::' 24 PHONE NUMBER I
-------- .-----
-- ------.----"
11110/2010
I-Jo/UM :WM.J..Vf-1r<IHN
EmploycrWi?ard
I-I-lX NU. : ;<j'::jj;,<!f::d;jb
::!!e-Veri~
Employment EliglbilMy Verification
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Company InformatIOn
Complny Namo; lMn. J. VmiAn C'.onotrucUon co.. Itlu
Com~ lD Nwnber:
ODl"l ~h."""" M (bllA)
.......
DUMa Number;
S4Q14M
I Phyalr..all oeMion:
Mdrul':
AM..... ,~
'i Colt,:
i StMo:
Zip coact:
r.nunfy .
Utl~ 110m ^ve N suite Q
Napl_
FL
34'08
COI..IJE:lR
Addltla,..llnfonnllUol1l
Employer Idenltftcation Number. 6A.oen528
Tahll N~... of I:mploy_: 1 to ""
pMllrtt; Oralftllation:
^dminl:ItnJton
Ora_nn n-Jgnotlon:
I:lnplOYIr cer.gory: None or ltleae ccegotlu apply
01(".$ eod.~
23e CONSTRlJCll0N OF OUILDINGD
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Tog'PoWdaafCD~ct
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U.8. CiUeellahipnllTlfllOrllllol'l 01",. ,_.llMl.~
https:llc-verify.uscls.QoV/llmpIF.ml'lnYI'l1'Wi71'trd.Mpx
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City:
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Zip Code:
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1 0/20/2010
STAR OF FLORIDA DEPAflTMENTOF lRANSPORTA1ION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
2/5-030-10
raUAl OPPORTUMTY OFFICE
O?108
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St, MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX (850) 414-4879
This information may also be included in your bid or proposal package
Prime ContractorfConsultant"
W/vI. J- VAil-,^,,,, Ce,^,~_ ~",--c..
89(, 1/O~4vu-.,..J >ut",l ,.v~ Fe- 9Y{.I~
,
ID.~(p
tt/ZOIO
Address/Telephone Number:
/2:f;
,
511{ 0/ 0.3
Bid/Proposal Number'
Quote Submitted MMIYR:
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The
list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT -assisted contracts. The
Hst must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted
projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide information for Nos. 1,2, 3 and 4 and should provide any information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsuftants
1. Federal Tax 10 Number. (,$'. ~71y},..e; 6.
2. Firm Name: WM .'1- ViW..l..-v C,.ttw,.,~~
3 Phone: __ 2-~' tt'-Lo\..c.:J2
4. Address: fj,,~ lto ",...0...."".-)
NA~<: Pi- "tl\.1fJ1(
D DBE
Ji't1'!on-DBE
8. Annual Gross Receipts
o Less than $1 million
"'I8:.Between $1 - $5 million
D -Between $5 - $10 million
o Between $10. $15 million
o More than $15 million
7. 0 Subcontractor
o Subconsultant
5 Year Firm Established. _L't.d_
1 Fede,alTaxlDNumber d/)'f,t7~il'II6.
2. Firm Name: rll-\lz-.~S Jiit-K-'Tft'....L
3. Phone: -:oz..-'1.'l 359>' ~ta"7
4. Address: tit Z,..-:JI ~'7 ~
J.J"'f/5-Ft gqlW
D DBE
${' Non-DBE
8 Annual Gross Receipts
o Less than $1 million
'fia" Between $1 - $5 million
IT Between $5 - $10 million
o Between $10 - $15 million
o More than 515 million
7. ~ Subcontractor
TI'subconsultant
5 Year Firm Established 2...00"
,. Federal Tax 10 Number: 6 D DBE 8. Annual Gross Receipts
2. Firm Name" D Non-DBE D Less than $1 million
3 Phone: D Between $1 - $5 million
4. Address. D Between $5 - $10 million
7. D Subcontractor D Between $10. $15 million
D Subconsultant D More than $15 million
5. Year Firm Established:
210 31ST SI NW, Naples. FI 34120.2395140103. wjvI992@aol.com
William J. Varian, CGR CAPS CGP
Objective to provide the best construction remodeling experience
to our clients.
Experience
Aug 1989- Present
Wm. J. Varian Const. Co., Jnc
Naples, FJ
President
. Have built this company from a handyman based business to a full service General Contracting
business
. Responsible for Sales. Estimating, Project Management, Product selections, Customer service to
name a few
. Design and specifY products for each project
. Discuss with owners various products and ratings involved
. Follow Florida Building Code, this includes better energy efficiency
J 986-1989
Flatley Company
Braintree, Ma.
Assistant Project Manager
. Oversee remodeling of hotel rooms and common spaceY---<:ompleted 6 hotel renovations around
New England
. Coordinate sub contractors with room vacancies as to not disturb guests
. Match existing materials by salvage or purchase thru salvage yards
1980- 1986
Tara Construction Co., Inc.
Brookline Ma.
lead Carpenterl Asst. Project Manager
. Schedule and oversee sub contractors on remodeling projects of older buildings
. Take off and pick up of materials and equipment needed on a daily basis
. Responsible for Customer Service
. Spend time in salvage yards looking for materials to match existing conditions
. Review demolished materials to reuse-<liscuss with all parties--includes windows. doors. trim.
paneling, hardware to name a few
2006- Present
NAHB University of Housing
Washington DC
Instructor of CGR, CAPS, CGP classes
. Hired by local HBA's in Florida to teach the various classes offered thru these programs
. Includes Business Management, Estimating, Scheduling, Sales and Marketing, CAPS I. CAPS II,
and the Original Green class to name a few
. Always had a great rating from attendees
(239) 514-0103 0 wjvL992@aol.com
William J. Varian, CGR CAPS CGP
2006- Present
Florida Home Builders Association
Tallahassee, FI.
lostructor! Speaker at State Sponsored Eveots
o Includes subject matter at SEBC
o Toured with Road to Recovery program
o Local speaker at HBA'S around the state
Education
1985- 1987 Massasoit Community College
Associates Degree in Applied Science
o Specified my education in Sbuctural Engineering
Canton, Ma.
1999-2008
NAHB Designations
Various Locations
COR Designation
CAPS Designation
COP Designation
Received 200 I
Received 2002
Received 2008
2001
University of Florida
Naples, FI.
Fast Track Business Planning
. Intense training program on running and managing your business
1989-Present
State of Florida Approved
Various Locations
Continuing Education as required to keep license-14 hours every 2 years
. Includes Workman's Comp, Wind Mitigation, OSHA, Business Practices to name a few
Licenses
State of Florida Certified General Contractor CGC061412
State of Florida Certified Roofing Contractor CCC057950
RRP Certified #1 00802-R-I-8391-1 0-00039
References
Tom Lykos
Lykos Group Naples. FI
(239) 594 8510
Drew Smith
Two Trails Sarasota, FI
Paul Thompson
FHBA Tallahassee, FI
(941) 776 8680
(407) 6781414
(850) 224 4316
Paul Mashburn
Viking Builders Orlando. FI
Bond # 20~SUR209717
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we William J. Varian Construction Co. , Inc
886 HOth Avenue, Naples, FL 34108 (herein after called the Principal) and
American Safety Casualty Insurance Company
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Oklahoma with its principal offices in the city of Atlanta
and authorized to do business in the State of Florida
are held and
firmly bound unto the Board of County Commissioners of Collier County, FL 3301 E. Tamiami Trail, Naples, FL 34112
(hereinafter called the Owner). in the full and just sum of
One Hundred Thousand Dollars dollars ($ 100,000.00 )
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
fumishing all labor. materials, equipment and incidentals necessary to fumish, install,
and fully complete the Work on the Project known as Installation of Generator at CJ!T Facility
Hookup owners generator to facility located in Naples, FL
Installation of Generator at CAT Facility
Bid No. 10-5586
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 fumished 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 $ 100, 000. 00 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.
GC-P-10
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 24th day of November , 2010.
William J. Varian Construction Co., Inc.
Principal
BY
Safety Casual
surance Company
(Seal)
Surety
(Seal)
Attorney in-Fact)
Local Resident Producing Agent for
GC-P-11
51
NUMBER
..........................
POWER OF ATTORNEY
20-SUR-209717
Mark Levinson
KNOW ALL MEN BY THESE PRESENTS. that American Safety Casualty Insurance Company bas made. oonstitutcd and appointed. and by these presenf3 does make,
constitute and appoiats
its true .1Id lawful attorney~in-facl, for it and its name, place, and stead. to tXI':Cute on behalf of the said Company, as surety. boods. undertaking alld controcts ()r suretyship
tobegivento .
ALLOBUGBESr
ptOvided that no bond or underralcing a conll'llCl of suretystUp executed under this authority shall exceed in amount the sum of
**ONE MILLION DOLLARS ($1,000.000.00)**
This Power ot' Auomey is granted aud is signed and scaled by facsimile under and by the authority orllle following Resolution adopted by the: Beard orOireclors of the Company
on lhc Eighth d.y of September. 2003.
RESOLVED. lhat the Presklent ill conjunctioo with the Secretary 01" laY Assistant Secretary may appoinl attomcys.in-f.lU;:t or agents wilh authority as defined or limited in the
instrument evidenc:ing the appoi.otmcnt i~ each case. felr and on bellIlf of the Company. to execute and deliver and affix the seal of the Company to boods, undel1:lldnp.
recognizances, and suretyShip obligatiOO9 of all kinds; and said offICers may remove any such auorncy-in.fact or agent and revolc any power of atloJmy prcviously granled to
such persons.
RESOLVED FURTHER, 1ha1 any bond. undertaking, JeC(lgnizancc. or suretyship obligation shall be valid and biDding upon the Company:
6) wbeo signed by !he P'lesklent or any VJCc-President and altcsrcd and seakd (if a seal be required) by any Secretary or Assistant Secretary or (ii) when signed by the Preiident
or any Vice--President or Secretary or Assistant Secrerary. and countenigned and sealed (If a seal be rc:quircd) by a duly authorized altOmey-iu-fa~t or agent; or (iii) when duly
executed and sealed (if a !leal be required) by one ar more arromey~in-.fact or agenls pursuant to and within the limits of the llU1bority evidenced by the power of auorney iSSlIcd
by the CompallY 10 sucb person or persous.
RESOLVED FUR'I1IER, Utat lIle signature of any authorized officu and the seal of the Company may be affixed by facsimile to any power of alterney or certification thereof
authorizlna the execution and deJh1try of any bood, undCI1akiDg, recognizance, or ollter suretyship obligations of the Company; and such signalure and seal when so used shall
have !he same force and affects as though manually affixed.
IN WITNESS WHEREOF.American Safet)' Casualty InsUJ'al)C:c Company Iw caused its official scalto be hereunto atTJXed, and these presents to be siptd by its President ilnd
attested by it<> Secretary thiJ Eighth day of September, 2OIJ3,
Attest
~
Randolph L. Hvtto, SliCrebl)'
STATE OF GEORGIA
~R.~
Srephen R, Crim. P~lcknl
COUNTY OF COBB } M.
00 this Eighth day of September, 2003, before me penonaJly came Slcphen R. Dim., to me known, who. being by me duly sworn, did dc:pO.lC an.d say tbat be is the President of
American Safety Casoalty Insurance Company. 1he corporation described in and whicb executed tile above instrument; Ihat he knows the seal of the said corporation; tbar the scal
affixed f(l the said instrument is such rorporate seal; that it was so affixed by order oflbe Board of Directors ofsaid corporatiotl and lbat he signed bis flame thereto by like order.
#,~",.""
,;.-~t-.SA.IV:-"'"
j.}~iP"t!~:1J\ ~
ii~!tJ.OU.)o~\"'t C'\.~
_1-,- ;~
W \ ""......:. i J Vf'.
~~~~ RUlb . Bomkst~n.N(]taryPnblic
I, the undenigtled. Secrewy of AmuK:an Safety Casualty Insurance Company, an Oklahoma; corporalion, DO HEREBY CERTIFY that the foregoing nnd attached
Power of Attorney remaias in full force and has nQt been revoked; and furtbermore that the Resolution of the Board of Directors, set fonh in the said Power of Attorney, is now
in force.
Signed and SeBledal the Ciry of Atlaata,ln tht: .'3tateofGemJia.
"'<ed"", 24th da'.'November .2010
~:....J~
ORiGINALS OF THIS POWER OF ATTORJiEY ARE PRINTED WiTH RED NU}"fERICAL NL'l'vfBERS
DUPLICATES SHALL f1A r'E THE SAJ1E FORCE AND EFFECT AS A.V ORlGLVAL O:VLY W!!E.lI.r ISSFED iN CONJUNCTION WIT!! THE ORIGJ!v"AL
TEL. 239.51~ 0103
fAX 239.5H 0556
u;e 06H12
eee 057950
WM. J. VARIAN CONSTRUCTION CO. IYU/.
GENERAL Cc0NTRACTOR
886110"' Ave,N S<M:t"",~'9
Napl.e% n3Lf108
.fen'ittff-SoutltUII?4t F~,H#ue1989
December 17, 2010
Ms. Lyn Wood
Purchasing Agent
Collier County Government
3301 Tamiami Trail E
Naples. FI34112
Re: 10-5586 - Installation of Generator at CAT Facility
Lyn
As per your request we Acknowledge Addendum ut dated 11/18/10 in our quote that was submitted
If you should have any other questions please feel free to call
wy~
William J. Varian. CGR CAPS CGP
President
wv.'W.sunbiz.org. Department of State
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Florida Profit Corporation
WM. J. VARIAN CONSTRUCTION COMPANY, INC.
Filing Information
Document Number P96000049465
FEI1EIN Number 650677529
Date Filed 05/30/1996
State FL
Status ACTIVE
Effective Date 05/22f1996
Principal Address
880 23RD STREET SW
NAPLES Fl 34117-4316 us
Changed 0111412009
Mailing Address
880 23RD STREET SW
NAPLES FL 341174316 US
Changed 01/14/2009
Registered Agent Name & Address
VARIAN, WilLIAM S
880 23RD STREET SW
NAPLES Fl34117-4316 US
Address Changed: 01/14/2009
Officer/Director Detail
Name & Address
Title PO
VARIAN, WILLIAM J
210 31ST ST NW
NAPLES Fl 34120 US
Title STO
VARIAN, MARIE E
880 23RO STREET SW
NAPLES FL 34117-4316 US
Title VPD
VARIAN, WilLIAM
880 23RD STREET SW
http://sunbiz.org/scripts/cordet.exe?action-=o:DETFIL&in'L- doc~number=P96000049465&L. 12/17/2010
y..'\Vw~sunbiz.org- - Department of State
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Report Year Filed Dale
2008 03/2412008
2009 01114/2009
2010 02118/2010
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["ubmill
http://slmbiz.org/scripts/cordet.exe?action= DETF IL&inq_doc..num ber=P96000049465&i.. 12/17/201 0
ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
2/10/2011
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{ies) must 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 NAME: Erin Morgan
Gulfshore Insurance, Inc. I ;,ngN,io Extl; 239 -659-7286-- I iffc, No'. 239213.2814
4100 Goodlelte Road North ~~l~~ss; emorgan@gulfshoreinsurance.com
Naples, FL 34103 -3303 CUSTOMER ro #:
239261-3646 INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Cincinnati Insurance Company
William J. Varian Construction, Inc. INSURER B :
880 23rd Street SW
INSURER C :
Naples, FL 34117 INSURER D :
J!,!SURER E:
INSURER F :
Client#. 52660
WILVA
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 POLlCIE~MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
!~r;.~K TYPE OF INSURANCE ~~~L POLICY NUMBER P~~:86~\ P3~J86~\ LIMITS
A ~NERALLlABIUTY I CPP0891577 3/11/201003/11/2011 EACH OCCURRENCE $1 000 000
COMMERCIAL GENERAL LIABILITY I ~~~~~~J9E~~~J~~ence\ $500,000
I CLAIMS-MADE ~ OCCUR MED EXP (Anyone person) $10,000
- PERSONAL & ADV INJURY $1,000,000
- GENERAL AGGREGATE ,2,000,000
~.~ AGG~EnE LIMIT APnS PER: PRODUCTS - COMPIOP AGG $2,000,000
POLICY ~~R..;: LOC $
A AUTOMOBILE LIABILITY CPP0891577 ~3/11/201 0 03/11/2011 COMBINED SINGLE LIMIT '1 000000
X (Eaaccident)
-= ANY AUTO BODILY INJURY (Per person) ,
ALL OWNED AUTOS BODILY INJURY (Per accident) ,
-
X SCHEDULED AUTOS PROPERTY DAMAGE
,
HIRED AUTOS ~.::ccidenl!____
X t
NON-OWNED AUTOS ,
X Drive Other Car ,
UMBRELLA L1AB H ~CCUR EACH OCCURRENCE $
-.
EXCESS L1AB CLAIMS-MADE AGGREGATE $
- DEDUCTIBLE ,
RETENTION $ t ,
WORKERS COMPENSATION I '!'IE STATU;" I I ~;!;H-
AND EMPLOYERS' LIABILITY VIN
ANY PROPRIETORlPARTNERlEXECUTIVED E.L. EACH ACCIDENT ,
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT ,
DESCRIPTION OF OPERATIONS below
I
DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES (Attilch ACORD 101, Addltlonill Remilrks Schedule, if more spilce is requIred)
Re: Contract #1 0-5586.
Certificate Holder is named as an Additional Insured on a primary basis as respects to General Liability
only as needed by contract, per form GA233 0207,
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3301 Tamiami Trail East
Naples, FL 34112 AUTHORIZED REPRESENTATIVE
,. ~. ~Il tlu..e.-luv
ACORO 25 (2009/09) 1 of 1
#S465718/M444211
@1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EMM
Certificate of Insurance
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend, or
alter the coverage afforded by the policies described herein.
Named Insured(s):
TriNet HR Corporation
and all its affiliates and subsidiaries'
William J Varian Construction Inc (Endorsed as alternate employer)
9000 Town Center Parkway
Bradenton, FL 34202
Insurer Affordina Coveraae
Commerce & Industry Ins Company (A)
Illinois National Insurance Company (B)
Ins Co of the State of Pennsylvania (C)
Nat Union Fire Ins Co of Pittsburgh PA (0)
New Hampshire Insurance Company (E)
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 the Certificate may be iss ued or may
pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
Aggregate limits shown may have been reduced by paid claims.
Type of Insurer Policy Number Effective Expiration Lim its
Insurance Date Date lEl we Statutory Limits
Workers' A 057057094 (FL) 07/01/2010 07/01/2011 Employers Liability
Compensation Bodily Injury By Accident
$ 2,000,000 Each Accident
Bodily Injury By Disease
$ 2,000,000 Each Pe"oo
Bodily Injury By Disease
$ 2,000,000 poncy Limit
Other: Client Number: 7EJ / 8738
For Contract # 10-5586
The above referenced workers' compensation policies provide statutory benefits only to the employees of the Named Insured(s) on such policies, not to
the employees of any other employer.
"TriNet HR V, Inc.; TriNet HR Corporation
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the insurer affording
coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose
no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives.
Certificate Holder:
AON'Risfi. Services Northeast, Inc.
AON Risk Services Northeast, Inc.
Board of County Commissioners,
Collier County Government
3301 Tamlami Trail E
Naples, FL 34112
(866) 443-8489
Phone
2/10/2011
Date Issued
Excluded Parties List System
EPLS
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* .'!'" '"11' d'I"Sr" I fiG" "^Ji'" _"""'~r,..~tJ
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~ iJIIII: __ ~ - ...:' "''''-C:~,_ ~ _"J-_
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Firm, Entity, or Vessel: Wm. J. Varian
Construction Co., Inc.
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12/3/20 I 0
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Wm. J. Varian Construction Company, Inc.
("Contractor") of 886 110th Avenue N, Suite 9, Naples, Florida 34108, a corporation,
authorized to do business in the State of Florida, to perform all work ("Work") in
connection with Installation of Generator at CAT Facility, Bid NO.1 0-5586 ("Project"), as
said Work is set forth in the Plans and Specifications prepared by Thomas J. Lepore,
P.E., 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: Ninety Thousand Two Hundred Twenty-
Three Dollars and Eighty-Five Cents ($90,223.85).
GC-CA-1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.aov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damaqes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. 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 Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
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, Two Hundred Twenty-
three Dollars and Eighty Cents ($223.80) 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 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.
GC-CA-3
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.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Section 7. Notices
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Thomas J. Lepore, P.E.
and identified as follows: Installation of Generator at CAT Facility
as shown on Plan Sheets E-1 through E-4.
Contractor's List of Key Personnel
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
John Clements, Project Manager
Collier County Facilities Management
3335 Tamiami Trail East, suite 101
Naples, Florida 34112
Telephone: 239-252-8380
Facsimile: 239-793-3795
Email: johnclements@collierqov.net
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:
William J. Varian, President
Wm. J. Varian Construction Company, Inc.
886 11 oth Avenue N. Suite 9
Naples, Florida 34108
Telephone: 239-514-0103
Facsimile: 239-514-0556
Email: wjv1992@aol.com
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
Section 10. Successors and Assiqns.
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. Governin" 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 anyone 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 Aqreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. ChanQe 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 Purchasing Policy 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.
GC-CA-6
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 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.
****
GC-CA-7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
TWO WITNESSES:
FI~~Q,\Wir
~f'()C~ ~ \C )Q~ r
T~pe/Print _~
il~~
SECOND WITNESS
,
-\:):\ W'"t f) .c () 1\ i IC) (
Type/Print Name
Date: 021lB.l~L(
ATTEST:
~i~rr~~i7:~k
~~(Ch41nl4l1 ,
< \Jt~.t~'.oq:H
Approved A~'6 F.'nrm
and Lega! ,~ff,it:iEmcy:
~1JP~
CONTRACTOR:
Wm. J. Varian Constructio.Q. Company, Inc.
t _________
-
By:
_William J. Varian, President
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
""At.J.. W. t ~. O~,
BY: '--" Q--
Fred W. Coyle, Chairman
Print Name: S('..(")-\-T ~ .\pf'.(\ h
Deputy/Assistant County Attorney
GC-CA-8
American Safety Casualty Insurance Company
444 Ocean Blvd., Long Beach, CA, 90802
Bond No 20-SUR-209717
Premium: $2,734.00
Performance Bond
The language In this document conforms 10 the-language used In American Inslllute of Architects (AlA)
Document A312, December, 1984 edlllon. Third Prlnllng, March. 19B?
Any singular reference 10 Contractor. Surely. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Addr~ss}:
Wlnlam ;r.VaiI8iH;OhSffliCtlon CD.;Inc ----
886 I 10th Avenue N.
Naples, FL, 34108
OVVNEA (Name and Addtess):
Board ot County Colnl'l1h!.8ionere of Collier County, Ronda.
3301 E. Tamiami Trail
Naples, FL, 34112
CONSTRUCTION CONTRACT
Dafe:
AmQ~l)t: _ NInety Thousand Two HlJI)dred Twenty Three DollArs and Elgnty Five GenIs: t s
DescriptiQn (Name and location):
~taJlation of Generator at CAT Facility, Location:Naples. FL
BOND
O~te (":l.OI ea.r1ler Ulan Construction Contrad ~ter 0112612011
Amount Ninety Thousand Two Hundr!ld 'TWenty Three Dollara and Eighty Five Cents (s
Modifl(;alloos to Ihls. Bond: None
SURETY (Name end PrincIpal Pface Df BusineSs):
....-Ame;;Ce:n-S.terycas.:iallyTnsurance 1MiipaJiy----.
444 Ocean Blvd.
Long Beach. CA, 90802
,.
h
t-;
90,223.85
90,223.85
See Page 3
CONtRACTOR AS PRINCIPAl
Company: (Corporate Seal)
William J'lv~n Construction Co., Inc
Signalure: l i }~.
N~meaiidTiUe: WimamJ.Varlan, ?~.~~
SURETY
Company: (C~te Seal)
American Safely Casualty Insurance Company
Signature:
Mark Levinson, Attorney-in-Fact
.cc.c.,.,,'_"
The Contractor and the Surely. jointly and severally.
bind themselves. Ihelr heirs. execulors. adnlinislralors.
successors and assigns 10 the OM1er ror the performance of
the Constructfon Contract. which is incorporated herein by
reference.
2 Ir (he Contractor perloffi1S the Conslruction Corllrad.
the Surety and Ihe Contraclor shall have no ObligatIOn onder
this Bond. except 10 participate In conferences as prOVided in
Subparagraph 3.1.
4.4.1 After Invesllgalion. determine the amounl of
whieh il may be liable 10 the Owner and. 8$ 800n 8S
pri:lclicaOle after the amOunt is delenriined. lender
paymenllherefOfQ to Ihe Owner~ or
4.4.2 Deny liablllty In whole Of In pan and nollfy Ihe
Owner Ciling reasons therefor.
5 If the: Surety does not .proceed as provided In
Paragraph 4 with reasonabfe promptness, the Sorety shaD
be deemed to b~ in defau!1 on this ~ond fifteen days after
receipt of an add'ilional wrttlen notice from the Owner 10 Ihe
Surely demanding thaI the Surety perform Its obllgalions
under Ihls Bond, and tile OYmer shall be enlilled 10 enforce
any remedy avaifable to the Owner. If the Surety proceeds
as provided in Subparagraph 4.4, and the Owner refuses 1he
paymenl t&rldered or the Surely has denied liability, In whole
or In part. wilhaul further notice the Owner shall be entllled
10 enforce any remedy available to the Owner.
3 If there Is no Owner Defaull. the Surety'a Obligallon
uncler this Bond shall arise after:
3.1 The OWner has noOOed the Conlractor and the
Surely al its address shown !in.,the :CO.vet page thai the
Owner Is oonslderlllJ declaring' a C.OOlractor Derault
anti has requested wid atlE!mp1ed 10 arrange a
conrerenee 1Mt~. the. G.oiitraclor and, 1r..6 Surely 10 be
held not later th.ilI0 fifl"n days arier receipt 0.1 sl,!ch
notice 10 discuss methods of performing the
ConstrudiOn Coolracl. If the Owner. the Contraelor and 6 If the Owner has terminated the Contractor's rlght to
!he SweJy agree. the Conlractor shall be allOWed a complete ltIe Con.s-trllctlon Contrac!. and It the SUrely e1eClS
reasonable lime 10 perform the Construcl/O" Conlrad, to act unCler SUbparagraph 4.1.4.2. or 4.3 above, then Ihe
but such an agreement shall not waiVe the Owner's responSibilitieS of Ihe Surety to lhe Owner shaD nol be
'Ight, if any. subsequently to declare a Conlractor grealer than those of the Conlractor under lhe ConstructiQn
DefaUlt; and Conlract, and Ihe responsibihlles ol.lhe OWner to the Surety
-~--_.._,._.._..__~___.___~~.__._.,.__,.,_-,__~_!IDj]!..!lOUl.~.grealer J!1.an J!l9se _01 the. OV~.J!!:lder_JnL___._
3.2 The Owner has declared 8 Canlractor Defaull Bnd Conslruction ConlIact. To the limit of the amount of this
forinally terminaled the Contractor's right to complel,e Bond. but subjecI. to commliment by :lhe Owner ofllie
the conlract Such Contractor Default shall nol be Balance of the C6ntract PriCe to tnItigallQn of l:;osts Md
declared earlier than twenty days after the CorylraCIOJ d,ainagoo ,on. !he COrl$lrtlcJiOn Conlra!:t, Ihe Surely Is
and the Surely have received nollce as provlde4 In obligaled WllhQUI Quplfcatlon for:
Subparagraph 3.1; and
3.3 The Owner has agre~ l.o.pay Il1e .B~la,!1"ql: !If (he
Contract Price 10 (he SurelY ..hi "8ccord.an~ W,ith ,the
ferms of the Construction .Contra.::1 .or to a contractor
selected to perlonn. tfle ConstruCtion. Contract in
accordance with 1M .teum of the contract w1lh 1M
ONner.
4 If tile ~r nas s~U;~edme conditiOns of Parngraph.
\heSuietj ~h81\ prorOp\,IY arid li11he Su"ie\y'& tlxpeme 'ake
one of the rqRowing adlofl~:
'4..1 Arra!1Qe f()f'tile Conlractor. with consent of lhe
9wner. I.I:! perform and complete the Construction
Contract; O,r
4.2 Undertake to perform end complete the
Construcilon .CqotrilCI Itself. lhrougn lis agenls or
ttvo~h lildependern contraclOfS; or
4.3 Obtain bids .or nesJOtiate P.toposals from qualified
contractOrs aCceptable 10 ttie Ownet for a contracl for
periarma~ .and C01l'1Jlletionof lhe Construction
COfIItll-ct aifjlnge for ~ .C.ontrillct to be prepared for
e)(~ by I~ OwMr :and the contractor selected
wih the Owner's conoorrence. to be- secured with
ped~nce... ~ PaYr11.enl bond~ executed by a
qu.<inned 6urety ~ql,Jlvate6t 10 ttle .b~_~s IS$ue~ on the
Constri!tlion Co.nlracl. -ahd pay to Ihe Owner the
arnouiti of damaOes,j~Si .mcrlbed .i~ Paragraph 6 in
excess or the Eialanceof the "coritrfjCt Plica incurred by
the Owner resuJilng ~m ihe Contracior's de{auit or
4.4 Waive 'Its right to perform and CQmplet~, 'arrange for
complel[on, or :.(lbfain 8 new conlfactor and with
rea$Onat:ilEfpr~f)lness Ui'lder the drcUJTl$fances:
6.1 The responsibilities of Ihe Contractor for correc1ion
or ~etectiVe Work anCl compietion of 1l1e ConstrucliOn
Conliact .
6,2 Addlllonal legal. design professionSl and delay
costs resulUng 1rom lhe Contractor's Default, and
resulting from (he actions or failure 10 ael of llle Surefy
under Paragraph 4: and
6.3 liquidated damage$;. or if no Iiquldated damages
are specified in lhe ConstrucUon Conlract. actual
damages caused by delayed performance or
nonperformance of the Contractor
7 The Sur'ety shall nol be liable 10 the OWner or others. for
obllgatrons of lhe Contractor thai are unrelated to the
Construction Contract, and U\e Balance of the Contracl Price
sh.aU not be reduced or set off on account of any such
unrelated obligations No right of ection shall accrue on Ihis
Bond to any person or entity other than the Owner or lis
heirs. executors. administrators or successors.
8 The Surely hereby waives notice of any change,
Including changes of time, 10 the Construction Contract or to
rdaled subcontracts, purChase orders and other obligations.
9 Any proceeding, legal or equitable. under this Bond
maybe Instituted In any court or competent jurisdiction In lhe
localion in which the work or part of the work is located and
shall be Instituted wiltlin two years after Contractor Default or
withIn two years af\er the Contractor ceased working or
1Mthln twO years after the Surely refuses or rails to perform
ils O!;lllgatbll\s under this Bond, IMllchever occurs nrsl. tr the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation avallabte to sureties as 8
defense In the jurisdiction of the suit, shall be applicable.
10 Notice to the Surety. lhe owner or the Contractor shall
be mailed or delivered to the address shown on the cover
page.
11 When this Bond has been furnished to comply wilh a
statutory' or other ]egal requirement in the Iocalion where the
construction was to be performed. any provision in this Bond
coofllc!1ng wllh 581d statutory or legal requirement shall be
deemed deleted here from and provisions conforming to
suen statutory or other legal requirement shall be deemed
Incorporated herein. The Intent is lhat this Bond shall be
construed as a slalutory bond and not as a common law
bond.
12 DEFINITIONS
12.1 Balance of the Contract Ptice; The total amount
payable by Ihe Owner 10 !he Contractor iJnde'j' the
Construclion Contract after aU proper adjustments have
been made including allowance 10 the Contrillctor of any
aMounts received or to be received by tile Owner In
selllement of insurance or other claims for damages to wtlk:h
lhe Contractor i5 entilled, reduced: by all valid and proper
paymenls made to or on behalf of 1M Contractor under lhe
Construction Conlract
12.2 CorlstnlClion Contract" The agreement between
lhe Owner and the Contraclor idenlified on the cover
page. including ail Contract Documenls and changes
therelo,
12.3 Contractor Delault: Failure at lhe Contractor.
which has neither been remedIed nor waived. 10
perfonn or olherwhie to comply wtlh the terms of the
Construction. Contracl.
12.4 Owner Default; Failure of the Owner, whiCh has
nelthe_r been remedied nor wa_ivEid. to pay lhe
Conlracl(lr as required by the' Comtruclion Contrsct Or
10 perfo1'm and complete 6t comply with the other lerms
lhereof.
i
______ ___.__ _.MO~f'CA"K)NS TO 1\-\\8 BOND ARE AS f~Ll~~,_"____ _,_ _
Any c.ha~ge whlch- r:naterlally altef$ the coolr8ct or lhe
contr~CI Pii~_ by more thon 10% will rilquire nolice 10 the
Bonding Company
.
American Safety Casualty Insurance Company
444 Ocean Blvd., Long Beach, , 90802
Bond No: 20-SUR-209717
Premium: Included in Performance 80nd
Payment Bond
The language In this doclrllen1 conforms to the language used in American Institute of Architects (AlA)
Doctlllsn!A312. Oecember.1984edlllon. ThfrdPrinting. March,1987.
Any singular reference to Contraclor, Surety, Owner or oIher party shall be considered plural v.tJere applicable_
CONTRACTOR (Neme end Add....):
William J. Varian Construotion Co., Ino
886 IIOth Avenue N.
Naples, FL, 34108
SURETY
American Safety Casual1y Insurance Company
444 Ooean Blvd.
Long Beach, CA, 90802
r----..ewNEA-iName~aMM<It...F___-----......-.- .. -..- .. -- --~-------- ...--- -~---
Board of County Commissioners of Collier County, Florida
3301 E. Tamiarni Trail
Naples, FL, 34112
CONSTRUCTION CONTRACT
Date:
AmOlint;- Ninety Thousand Two Hundred Twenty Three Dollars and Elghly Five Cents ($
Description (Name and l,.ocalion):
htslallation ofGenmuor atCAT Facility, LocatioD:Naples, FL
BONO
OaleJ~t ellrt~r lhan Consl~cMn CQrltfact pate): 0112612011
Amoll~:, Ninety Thousand Two Hundred Twenty Three Dollars and Eighty Ave Centa (s
Modlftcallorn; 10 thls BOf'!d: See Pag~ ~
90,223.85
90,223.65
CONTRACTOR AS PRINCIPAL
Company: (Corpbl'ate S~l)
William J. en Construllllon.Co., Inc
Sigf!3tur~:
Name arid Tille: William J. Varian, ?~r/)--;:;:r-
SURETY
Company. (Corporate Seal)
American Safety Casualty Insurance Company
Signature: ~
Mark levinson, Atlorney.Jn-Fad
8 Amounts owed by ttle Owner to the Contractor under the
Co~structiOn tonfra~t sh~1I b~ used 'for the performance of the
Constrvctiqn Contract and ~o satisfy claims, If any, under any
C9n$tfuction Performance Bond. By the Contractor furnishing
and tlle Ownar accepting this Bond. thay agrea that all funds
earned by the Contractor in the performance of the
Construction CQnttact are dedicated to satisfy obligations of
the Contractor and the Surety under this Bond, subject to t~e
3 With respect to Claimants, this obligation shall be null and Owner's priority to use the funds for the completion of the
void if the COntractOr - pramptly makes payment, directly or work.
--irWirecUy,fgHill-sums.-due..-~-._-._~-_._-~-,-------~- ---- - ,- -.-------_._._._.________.__!
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to the
Construction Contract The Owner shall not be liabl~ tot
payment of any costs or expenses of any Claimant under.this
Bond, and shall have under this Bond no obligation$ to make
payments 10. give notices on behalf of, 'or otherwise have
obJigati9ns to Claiman!s unQer this ~ond.
1 The Contractor and the Surety, jointly and severally, bind
themselves. their heirs. executors. administrators, successors
an(i assigns to the Owner to pay for labor. materials and
equipment rurnished for use In the performance of the
Construction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall benull and
void if the Contractor:
2.1 Promptly makes payment. directly or indirectly, for all
sums due Clamants. Bnd
2.2 Defends. indemnifies and holds harmless the Owner
trom claims, demands, liens or suits by any person or entity
whose claim, demand. lien or suit is for the payment for labor.
materials or equipment furnished for use in the. p~rformance of
the Construction Contract. provided the OWner has prompUy
notified the Contractor and the Surety (~t the address on the
cover page) of any claims, demand$,_ liens or $_uits and
tendered defense of SUCD claims, dema~, liens or so.its 10 the
Contractor and the. Surety, and provIded there is no Owner
Default .
4 The Surety shall have no obligation to Claimants under this
Bond until;
4,1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the Surety
(at the address on the cover page) and sent a copy, or nolice
thereof, to the Owner, stating that ~ claim is_ being made
under this Bond and, with substantial accuracy, the amOunt
of the claim.
4.2 Claimants who do not have adi'rect cont(~ct with the
Contractor:
Have furnished written notiGe to the Contrli(:tor
and s~i1t. a coPY.- or llQtice t~reof, to the
Owner,. within 90 daYs. after having laS!
perform.B.d labor or last .furrii~hed materials or
equipmeJj\ .ln~luded I~ 1m; ,Ialm Glatlng, With
subst"ntlal accuracy, the amount of the claim
-and the name of ttl~ party to whom the
m.ateiials were fl,lrnfshed or supplied or for
whom the labor was done _or _performed: and
4,2.2 HavQ ,e~r rej::eiVed a rejecti.O.rt in Whole or in p_art
tom !he Contac\or, Of nOt re<e1ved within 30 days
of furnishing the si)Ove noU?e any c;:ommunl~tion
from the ContractC!r by whi~h the Contract9r fJas
nlcaied !he dB.," WdI "" paid cira(llyOf indirecll{. and
4.2.1
4,2.3 Not having be~n paid within the above 30
days, hav:e sent a wniten noti~e. to 'hE! $~r~ly
(at the address oh the cover page) and sent e
~py. or 'notice thereOf, tcj the OWn~r, sl13t1ng
that a claim is being made under this Bond and
enclosing 8 CQliy of th~_ 'preVi~us writtttn nc)!ice
furnished to the Contractor_
5 If a noll~ ~quired by ParaQraph 4 Is g~ven by the OWner to
the COritrBCto(4r to the Surety. that is suffiCient compliance.
6 If the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at the Surety's expense take the
following actions.
6. 1 SenCf an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for challenging
any amounts that afe dispuled
6.2 Payor arrange for payment of any undisputed
amounts
7 The Surety"s total Obligation shall not exceed the amount of
this Bond, and the amount of this Bond shall be credited for
any payments made in good faith by the 'Surety.
10 .The Surety hereby waives Ilotice of any_ change, including
ch~nges of time, to the Constru.ction Contract c,r to related
SUbcontracts, Pll'chase orders and olher ~bligatiOnS,
~1_ -No suit or aqtionshall be commeilced.by a Claimant under
~ ~ond other than in a court or competent jurisdiction in the
location IIJ wbjch t~ work or par1 01 the_ work is located or after
the expiration of one year from the date (1) on which the
Clajm~nt gave the_ notice required by :Subparagraph 4.1 or
Clause 4.2.3. or -(2) on which the last labor or service was
pe[formed by' ~nyon8: orth~ la~t materia.ls or equipment were
furnished by anyone under the Construction Contract,
wtii_chever Qf (1} Qr (2) firs.t ~cur$. If !he provlsione of this
Paragraph are void Of prohibited by law, the minimum period of
Iimitatioil~v~lIa.bJe: to s_ureties:as a defense in the jurisdiction of
the suit shall be applicable.
12 NotiCQ to the $.urety, 'he Own~r or the Contractor shall be
ma_iled or ~liverE;lc;f. t~ the address shown on the cover page.
Actual r'~ip:t 01 notiC;e by SUrety, fr)&. Owl'$"orthe Contractor,
however a:ccompliShed,_15~ali be sufficient compliance as of the
dale received at ;Ihe aadrEJs~ shown l:;1o the t':;over page.
13 V\Il1e;l. lhi~ Bqod. ha~ bee_fl f4rni5~ed to comply with a
statutory or other lagal re_qulrentent in the loca.tiQn where the
co~liUction Was to be _perf~rmed, any pr~vlslon in this Bond
co_nfticti~9 '~th s.ald . statutory or 'legill +~uire.mBot shall be
de.8med_ deleted here_from and provisions .conrormlng to such
'statutory or other legel .requirement $all be deemed
incorp9r~ted -11_erein. .'fh~int~n.t is thatlhis Bond shall be
construed as e statutory bond and not as e common law bond
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in EXHIBIT B 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."
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 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
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.
Coverage12} 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 coverage12} required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage12} and charge
the Vendor for such coverage12} 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
GC-CA-C-1
Agreement or any other agreement between the County and Vendor. The County shall be under no obligation
to purchase such insurance, nor shall it be responsible for the coverage@} purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverage@} 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.
GC-CA-C-2
Insurance I Bond Type
1. [g] Worker's
Compensation
2. [g] Employer's Liability
3. [g] Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. [g] Indemnification
4. [g] Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$1 000 OOOsingle limit per occurrence
Bodily Injury and Property Damage
$1 000.000 single limit per occurrence
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.
$ 1.000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. D Other insurance as D Watercraft
noted:
$
Per Occurrence
D United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work
$
Per Occurrence
D 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.
D Pollution
$
$
Per Occurrence
Per Occurrence
D Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
D Project Professional Liability
$
$
Per Occurrence
D Valuable Papers Insurance
Per Occurrence
GC-CA-C-3
6. ~ Bid bond
7 [gJ Performance and
Payment Bonds
8. [gJ Maintenance (or
Guarantee)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.
Bonds shall be submitted with the executed 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 AM. Best Company, Inc. of 75 Fulton
Street, New York, New York 10038.
Prior to release of Final Payment, a Maintenance or Guarantee Bone shall be
be furnished in a form acceptable Collier County written by the same corporate
Surety that provides the Performance and Payment bonds for this contract. This
Shall secure the Contractor's obligation to replace or repair defective materials and
faulty workmanship for a minimum period of one (1) year after Final Payment and
shall be written in an amount equal to One Hundred Percent (100%) of the Contract
Sum, as adjusted (if at all).
9. [gJ 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. [gJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required.
11. [gJ 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.
12. [gJ Thirty (30) Days Cancellation Notice required.
Yendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Telephone Number
Agent Name
GC-CA-C-4
EXHIBIT C
RELEASE AND AFFIDAYIT 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 $ paid,
("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 2010 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(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) To the maximum extent permitted by law, 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
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2010, 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)
GC-CA-C-5
NAME:
(AFFIX OFFICIAL SEAL)
GC-CA-C-6
(Legibly Printed)
Notary Public, State of
Commissioner No.:
EXHIBIT D
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.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION $
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert datel $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION The undersigned CONTRACTOR certifies that: (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.
By CONTRACTOR (Contractor's Name)
(Signature) DATE:
(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 Desig n 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)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount .................................................. ........$
Sum of previous Change Orders Amount .......................... ... ........$
This Change Order Amount ............................... ........................$
Revised Agreement Amount .............................................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, 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.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-F-1
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-2
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
,2010
Design Professional
By'
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2010
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2010
OWNER
By:
Type Name and Title
GC-CA-F-3
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2010
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:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
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)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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:
GC-CA-H-1
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.
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.
GC-CA-H-2
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 limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. 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.
GC-CA-H-3
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 six (6) copies of 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 Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum 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. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
GC-CA-H-4
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 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.
4.8 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.
4.9 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.
4.10 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
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:
GC-CA-H-5
(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
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
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
GC-CA-H-6
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
GC-CA-H-7
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS 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
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
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
GC-CA-H-8
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
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,
GC-CA-H-9
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change 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
GC-CA-H-10
directed by Owner in a written Work Directive Change. 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. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner 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 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
Purchasing Policy 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.
GC-CA-H-11
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
GC-CA-H-12
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B 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.
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
GC-CA-H-13
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.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet-based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
. Commodity based procurement where no services are provided.
. Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / 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 vendor'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. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E-Verify Program. The affidavit is attached to the solicitation documents. If the
BidderNendor does not comply with providinQ both the acceptable E-Verify
evidence and the executed affidavit the bidder's I vendor's proposal shall be
deemed non-responsive. Documentation of these requirements will not be
accepted after the bid / proposal deadline date.
Additionally, vendors shall require all subcontracted vendors 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-VeritY It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
Vendor 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 sea. and regulations
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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.
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.
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18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
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18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any 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 therefor or re-Ietting 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
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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 not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. 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.
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 issue a final Certificate for 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
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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 materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
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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, 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,
GC-CA-H-20
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 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
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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 N 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 5.8, 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
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it
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25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and superviSing all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
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28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
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28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
GC-CA-H-25
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 Transportations 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 Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
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:
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
GC-CA-H-26
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
GC-CA-H-27
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.
GC-CA-H-28
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including. but not limited to. the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
DeSign Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
GC-CA-H-29
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing 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.
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)
GC-CA-H-30
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (FAC.) or aboveground 62-762,
FAC. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762,
FAC. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
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
CONSULTANT 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
GC-CA-H-31
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person 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.
GC-CA-H-32
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
FEDERAL GRANTCOMPLlANCE REQUIREMENTS FOR CFDA 20.507/20.500
TABLE OF CONTENTS
Check Box
If Applicable A.1 - Federallv Reauired and Other Model Contract Clauses
D 1. Fly America Requirements
D 2. Buy America Requirements - Sian Certification
D 3. Charter Bus and School Bus Requirements
i:8J 4 Cargo Preference Requirements
i:8J 5. Seismic Safety Requirements
i:8J 6. Energy Conservation Requirements
i:8J 7. Clean Water Requirements
D 8. Bus Testing - Sign Certification
D 9. Pre-Award and Post Delivery Audit Requirements - Sign Certification
i:8J 10. Lobbying - Sian Certification
i:8J 11. Access to Records and Reports
i:8J 12. Federal Changes
i:8J 13. Bonding Requirements
i:8J 14. Clean Air
D 15. Recycled Products
i:8J 16. Davis-Bacon and Copeland Anti-Kickback Acts (General Decision Number: FL 111)
i:8J 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
i:8J 19. No Government Obligation to Third Parties
i:8J 20. Program Fraud and False or Fraudulent Statements and Related Acts
i:8J 21. Termination
i:8J 22. Government-wide Debarment and Suspension
i:8J 23. Privacy Act
i:8J 24. Civil Rights Requirements
i:8J 25. Breaches and Dispute Resolution
D 26. Patent and Rights in Data
D 27. Transit Employee Protective Agreements
i:8J 28. Disadvantaged Business Enterprises (DBE) (TWO FORMS)
Anticipated DBE Participation and Bidders List
D 29. [Reserved]
i:8J 30. Incorporation of Federal Transit Admimstration (FTA) Terms
D 31. Drug and Alcohol Testing
i:8J 32. ADA Access
D 33. ITS Standards
D 34. ARRA
i:8J Certificates requiring signature must be completed and submitted at time of bid submittal to be
considered for award.
The services performed by the awarded Contractor shall be in compliance with all applicable FTA
regulations/requirements, and additional requirements specified in this document. It shall be the
awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines
that apply to the work required to complete this project.
GC-CA-I-1
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Applicabilitv to Contracts: The Cargo Preference requirements apply to all contracts
involving equipment, materials, or commodities which may be transported by
ocean vessels.
Flow Down: The Cargo Preference requirements apply to all subcontracts when the
subcontract may be involved with the transport of equipment, material, or commodities
by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent
of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant
to the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the
United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in
English for each shipment of cargo described in the precedinq paraqraph to the Division
of National Cargo, Office of Market Development, Maritime Administration, Washington,
DC 20590 and to the FTA recipient (throuqh the contractor in the case of a
subcontractor's bill-of-ladinq.) c. to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment,
material. or commodities by ocean vessel.
5. SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts: The Seismic Safety requirements apply only to contracts
for the construction of new buildings or additions to existing buildings.
Flow Down: The Seismic Safety requirements flow down from FTA recipients and
subrecipients to first tier contractors to assure compliance, with the applicable building
standards for Seismic Safety, including the work performed by all subcontractors.
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR
Part 41 and will certify to compliance to the extent required by the regulation. The
contractor also agrees to ensure that all work performed under this contract including
GC-CA-I-2
work performed by a subcontractor is in compliance with the standards required by the
Seismic Safety Regulations and the certification of compliance issued on the project.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicabilitv to Contracts: The Energy Conservation requirements are applicable
to all contracts.
Flow Down: The Energy Conservation requirements extend to all third party
contractors and their contracts at every tier and subrecipients and their subagreements
at every tier.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
7. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Applicability to Contracts: The Clean Water requirements apply to each contract
and subcontract which exceeds $100,000.
Flow Down: The Clean Water requirements flow down to FTA recipients and
subrecipients at every tier.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
GC-CA-I-3
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts: The Lobbying requirements apply to
Construction/Architectural and Engineering/Acquisition of Rolling Stock/
Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant
to Byrd Anti-Lobbying Amendment, 31 US.C. 9 1352(b)(5) and 49 C.F.R. Part 19,
Appendix A, Section 7.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. ~ 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." 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 the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up
to the recipient.
D Certification for Contracts, Grants, Loans, and Cooperative Agreements
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING
LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned ( Contractor)
certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
GC-CA-I-4
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for making lobbying contacts to an officer or
employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61
Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has
been modified in accordance with Section 10 of the Lobbying Disclosure
Act of 1995 (P.L.104-65, to be codified at2 U.SC. 1601, etseq.)]
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. 9 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Note: Pursuant to 31 U.S.C. 9 1352(c)(1)-(2)(A), any person who makes a
prohibited expenditure or fails to file or amend a required certification or
disclosure form shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms
the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
GC-CA-I-5
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts: Reference Chart "Requirements for Access to Records
and Reports by Type of Contracts"
Flow Down: FTA does not require the inclusion of these requirements in
subcontracts.
Access to Records - The following access to records requirements apply to this
Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to
Contractor's records and construction sites pertaining to a major capital project, defined
at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.SC. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution of higher
education, a hospital or other non-profit organization and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees
to provide the Purchaser, FTA Administrator, the Comptroller General of the United
States or any of their duly authorized representatives with access to any books,
documents, papers and record of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital
GC-CA-I-6
project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive
bidding, the Contractor shall make available records related to the contract to the
Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit
and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
Requirements for Access to Records and Reports by Types of Contract
Contract Operational Turnkey Construction Arch itectu r Acquisition Profession
Characteri Service al of Rolling al Services
stics Contract Eng ineerin Stock
g
I State
Grantees None Those None None None None
imposed
a. on state
Contracts None pass thru Yes, if non- None None None
below SAT unless 1 to competitive unless unless unless
non- Contractor award or if non- non- non-
($100,000) competitive funded competi- competi- competi-
award thru2 tive award tive award tive award
b. 5307/5309/
Contracts 5311
above
$100,000/C
apital
Projects
II Non State
Grantees Those
Yes3 imposed Yes Yes Yes Yes
a. on non-
Contracts Yes3 state Yes Yes Yes Yes
below SAT Grantee
($100,000) pass thru
GC-CA-I-7
b. to
Contracts Contractor
above
$100,000/C
apital
Projects
. 1 L 3
Sources of Authority. 49 USC 5325 (a) 49 CFR 633.17 18 CFR 18.36 (I)
12. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts: The Federal Changes requirement applies to all
contracts.
Flow Down: The Federal Changes requirement flows down appropriately to each
applicable changed requirement.
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
13. BONDING REQUIREMENTS
A Bid will not be considered or accepted unless at the time of Bid filing the same shall
be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
GC-CA-I-8
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
Flow Down: Bonding requirements flow down to the first tier contractors.
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient)
and listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may
not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids,
without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part
or all of his bid within [ninety (90)] days after the bid opening without the written consent
of (Recipient), shall refuse or be unable to enter into this Contract, as provided above,
or refuse or be unable to furnish adequate and acceptable Performance Bonds and
Labor and Material Payments Bonds, as provided above, or refuse or be unable to
furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid
security to the extent of (Recipient's) damages occasioned by such withdrawal, or
refusal, or inability to enter into an agreement, or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond,
Certified Check, Cashier's Check, Treasurer's Check, andlor Official Bank Check
(excluding any income generated thereby which has been retained by (Recipient) as
provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate
to fully recompense (Recipient) for the damages occasioned by default, then the
undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the
difference between the bid security and (Recipient's) total damages, so as to make
(Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of
the material contained on this form, other than that requested, will render the bid
unresponsive.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of labor and
material expended pursuant to a contract whenever, and in such amounts, as required
GC-CA-I-9
by statute or otherwise as deemed necessary by the Purchasing Director. An
irrevocable letter of credit from a financial institution operating within the State of Florida
(or other alternative forms of surety as permitted under Florida law) may be sufficient in
place of the performance bond if so provided for in the bid and contract documents. All
such bonds or letters of credit shall be approved as to form by the County Attorney.
A Contractor shall provide Performance and Payment Bonds in the amount of
100% of the Contract Amount, the costs of which are to be paid by Contractor. The
Performance and Payment Bonds shall be underwritten by a surety authorized to do
business in the State of Florida and otherwise acceptable to Owner; provided, however,
the surety shall meet the requirements of the Department of the Treasury Fiscal
Service, "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may
be accessed via the web at www.fms.treas.gov/c570/c570.html#celiitied. Should the
Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S.
shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract
contains an advance payment provision and a performance bond is not furnished. The
(recipient) shall determine the amount of the advance payment bond necessary to
protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance
bond is not furnished and the financial responsibility of the Contractor is unknown or
doubtful. The (recipient) shall determine the amount of the patent indemnity to protect
the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all
materials and equipment furnished under this Contract will be of highest quality and new
unless otherwise specified by (Recipient), free from faults and defects and in
conformance with the Contract Documents. All work not so conforming to these
standards shall be considered defective. If required by the Project Manager, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
GC-CA-I-10
2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against
defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or
equipment or faulty workmanship during the period of the guarantee at no cost to
(Recipient). As additional security for these guarantees, the Contractor shall, prior to
the release of Final Payment, furnish separate Maintenance (or Guarantee) Bonds in
form acceptable to (Recipient) written by the same corporate surety that provides the
Performance Bond and Labor and Material Payment Bond for this Contract. These
bonds shall secure the Contractor's obligation to replace or repair defective materials
and faulty workmanship for a minimum period of one (1) year after Final Payment and
shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the
CONTRACT SUM, as adjusted (if at all).
14. CLEAN AIR
42 U.S.C. 7606 et seq
40 CFR 15.61
49 CFR Part 18
Applicability to Contracts: The Clean Air requirements apply to all contracts
exceeding $100,000, including indefinite quantities where the amount is expected to
exceed $100,000 in any year.
Flow Down: The Clean Air requirements flow down to all subcontracts which exceed
$100,000.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 99 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
16. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
BackQround and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that "at
GC-CA-I-11
least partly are financed by a loan or grant from the Federal Government." 40
USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction
contract over $2,000. 40 USC 3142(a), 40 USC 3145, 29 CFR 5.5(a). 'Construction,'
for purposes of the Acts, includes "actual construction, alteration and/or repair, including
painting and decorating" 29 CFR 5.5(a). The requirements of both Acts are
incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
Clause LanQuaQe
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1 )(iv) of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work IS performed. The wage
determination (including any additional classifications and wage rates conformed under
paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
GC-CA-I-12
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
GC-CA-I-13
program, Provided, That the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which
is not listed in the wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefor only
when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration,
Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1 )(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - Collier County shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
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from the contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the Collier County may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to Collier County for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR
part 5. This information may be submitted in any form desired. Optional Form WH-347
is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, DC 20402. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors.
GC-CA-I-15
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work
at less than the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the Bureau of
GC-CA-I-16
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S. Department of Labor determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
GC-CA-I-17
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
GC-CA-I-18
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C 1001.
General Decision Number: FL10011110/29/2010 FL111
Superseded General Decision Number: FL20080111
State: Florida
Construction Type: Building
County: Collier County in Florida.
Superseded General Decision Numl)(~r: FL200S0111
State: Florida
Construction Type: Buildi.ng
County: Collier COllnty in Florida.
BUlI~DING CONSTRUCTION PROJECTS (does not include sinqlc family
homes or apartments up to and including 4 stories).
5
Publication Date
03/12/2010
03/26/?IJIO
04/02/20]0
07 /1J9/:'0 10
08/06/2010
10/29/:20 ]0
Modification Number
o
1
2
3
4
r:LEC034IJ-OO'J 1J8/31/200IJ
Entire County except that portj()TI due west of Broward County
and east of the south southwest corner of Hendry CO\lnty
Rates Frirlges
ELECTRICiAN......................$ 2~.OS 7.56
SLEC0728-005 08/31/200IJ
Remainder of County
Rates
;:<'r irHJes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 28.16
l).f) +5.00
ENGI0487-00? 01/01/2010
tzatc:--
Frinqe5
OPERATOR; Crane
All Tower Cranes Mobile,
Rail, CJ irnbers I Slat ic-
Mount; All (~rancs with
GC-CA-I-19
Boom Length 1S0 Feet &
Over (With or without j.Lb)
Friction, llydro, Electric
or Otherwise; Cranes 150
Tons & Over; Cranes with 3
Drums (When Jrd drum is
rigged for work); Gantry &
Overhead Cranes; Hydro
Crar18s Over 25 Tons but
not more than 50 Tons
(Without
Oiler/Apprentice) ;
Hydro/Friction Cranes
wi thout Oi lc~r / Appren t ic(~s
when Approved by Union; &
All Type of Flying CraTles;
Boom Truck..................$ 28.30
Cranes with Boom Length
1,es:3 than 150 Feet (With
or without jjb); Hydro
Crar10s 25 Tons & Under, &
Over 50 Tons (With
CJi lr,r /Apprentice); Boom
Truck.......................$ 27.57
OPERATOR: Mechanic..............$ 27 .r:~7
OPERATOR: Oiler.................$ 22.?4
8.78
8.78
8.78
13.78
IRON027?-003 10/01/2006
Rat:e~;
Fringes
fRONWORKER, ORNAME',NTAL,
REINFORCING ANIl STRUCTURAL.......$ 26.ciO
6.43
, PAIN0365-002 08/01/2010
Rates
Fringes
PAINTER: Spray Only.............$ J6.C:O
6.21J
PLUM1J631J-01J3 07/1J1/21J11J
Rates
Frinqcs
PIPEFITTSR (HVAC Pipe
[rlstallation Only)...............$ 26.G]
8.61
SIISE1J1J32-01J3 01/1J1/201J9
Rate:.':
Fringes
sn:t.;ETMETI\L 1(,TORKER (HVAC Ducl
Installation Only).............. ..;~ 24.12
II. 36
SUFL2009-1J08 O~/22/2009
l"\ate
Fringes
GC-CA-I-20
BRICKLAyER..................... .c: 18.9'S
0.00
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . ,; 16.?-'
3.7IJ
CEMENT MASON/CONCRETE FINISHf,R...$ 13.05
I. 49
INSULATOR - PIPE & PIPEWRAPPr:R... ',; 1:3.13
3.03
LABORER: Asphalt Shoveler....... $ 7.13 B
0.00
LABORER: Common or General......$ 11.79
2.03
LABORER: Concrete Saw.. _........$ 12.63
IJ.OO
LABORER: Mason Tender - Brick...:~ 13.00
0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 12.83
1.90
Lll"BORER: Pipelayer..............S P.31
] . ] 9
LABORER: Roof Tearaff...........$ 8.44
0.00
LABORER: Landscape and
Irrigation.......................$ 12.00
O.IJO
OPERATOR: Asphalt Spreader......S 11.41
O.OIJ
OPERATOR: Backhoe/E:xcavaLor..... S 11.00
0.00
OPERATOR: Blade/Grader..........$ 13.-i3
0.00
OPERATOR: Bulldozer.............$ 15.01
O.OD
CPERATOR: OJ stributor. . . . . . . . . . . :-:; 12.37
O.D(]
OPERATOR: ForkIJft..............$ 14.()(j
IJ.O(j
OPERATOR: Loader................$ 13.80
1. 7 ')
OPERATOR: Paver.................:;; 11.69
D.OO
OPf;RATOR: Pump..................', 19.00
0.00
OPERATOR: Roller............... .:, ID.68
D.DO
OPERl'\..TOR: SctfJed...........,... .:~~ 11.34
O.DD
OPERl\TOR: Tractor. . . . . . . . . . . . . . . ''? 9.91
D.OO
OPE8ATuR: Trencher. . . . . . . . . . . . . .:? 11."/~)
0.00
PAINTER: Brush and RollcL
Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ] 3. ~ 6
G.OO
PTPEFITTY,K (Excludill!j HVT-\C
GC-CA-I-21
Pipe Installation)... ....... ... ..$ 17.83
0.00
PLUMBER..........................$ 13.fSg
0.00
ROOFER (Metal Roofs Only)...... ..$ 14.26
o .~) 9
ROOFER, [neluding Built Up,
flat Tar, Modified Bitumen,
Shake & Shingle, 8ing],e Ply
and Slate & Tile (Excluding
Metal Roof) . . . . . . . . . . . . . . . . . . . . . . $ 13.92
0.52
SHEETMETAL WORKER (Excluding
HVAC Duct Installation)..........$ 18.79
3.21
TILE SETTER.................... ..$ 14.61
0.00
TRUCK DRIVER:
Dump Truck......_.$ 10.00
0.00
TRUCK DRiVER:
Lowboy Truck......S 12.09
0.00
WELDERS - Receive rate prescribed for croft performing
operatiorl to which welding is inc:idental.
Unlisted classificatiofls needed [c)r work not ir](~luded within
the scope of the
c:lassifications listed may be added after awarel only as
provided in the labor
standards contract clauses (29 CFR 5.5(a) (1) (il)).
In the J.isting above, the "SO" designation means that rates
list:ed under the
identifier do not: reflect collectively bargained wage and
frinqe benefit
rates. Oth~r designations indicat:e unions whose rates have
been de tJ~rmined
to be prevailing.
WAGE LJr~Tr;FMIJoJAT'ION APPE1\LS PFllCESS
1.) Has there been an init::ial decision in the matLcr? This can
be:
*
an existing published wage determination
a survey underlying a wage determinat~on
d IfJage and H01H' Division lette~' sett ing fortr: d po.sition on
GC-CA-I-22
a wage
determination
* a conformance
matter
(additional classification and rate)
ruling
On survey related matters, initial contact, includinq requests
for summaries
of surveys, shouJd be with the Wage and Hour Regional Office
for the area in
which the survey was conducted because tl~ose Regional Offices
have
responsibility for the Davis-Bacon survey program. If the
response from this
initial contact 1S not satisfactory, then Lhe process descrj_bed
in 2.) and
3.) should be followed.
With regard to any otller maLt:er not yet ripe for the formal
process
describerj here, ini.tiaJ contact should be with the Branch of
Construction
Wage Detecminations. Write to:
8ranch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Consti.tuti.on Avenue, N.W.
Washington, DC ~0210
2.) If the answer to the question in 1.) is yes, then an
interesh:d party
(those a~fec1:ed by the action) can request revi(!w and
reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR
Part_ I).
ltJrito to:
Wage and Hour Administrator
U.S. Department of [Jabor
200 Constitution Avenue, N.W.
vJashi ngtcn, DC 2021J
The requc:st should be accompanied by a ful! statement. of the
interested
party's position and by any informatior: (wage payment data,
project
d(:sc::ription, area practice material, etc.) that the requestor
considers
relevant to the iSS\le.
3.) If the decision of the P.dministratuy iD not favorable, an
interested
party may appeal directly to the Adrnir:istrativc Feview Board
(formerly the
Wage Appeals Board). Write tCl:
hdmini.strative Review Bc)ay"d
U.S. Department~ of Labor
GC-CA-I-23
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the P~dministJ:ative Eeview Board are float.
END OF GENERAL DECISION
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
BackQround and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts "financed at least in part by loans
or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29
CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any "contract in an amount that is not greater than $100,000."
40 USC 3701 (b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances,
non-construction projects that employ "laborers or mechanics on a public work. "
These non-construction applications do not generally apply to transit procurements
because transit procurements (to include rail cars and buses) are deemed "commercial
items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a
contract to procure a developmental or unique item should consult counsel to determine
if the Act applies to that procurement and that additional language required by 29 CFR
5.5(c) must be added to the basic clause below. The clause language is drawn directly
from 29 CFR 5.5(b) and any deviation from the model clause below should be
coordinated with counsel to ensure the Act's requirements are satisfied.
Clause LanQuaQe
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
GC-CA-I-24
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - XCollier County shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor, such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
18. r RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts: Applicable to all contracts.
Flow Down: Not required by statute or regulation for either primary contractors or
subcontractors, this concept should flow down to all levels to clarify, to all parties to the
contract, that the Federal Government does not have contractual liability to third parties,
absent specific written consent.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
GC-CA-I-25
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts: These requirements are applicable to all contracts.
Flow Down: These requirements flow down to contractors and subcontractors who
make, present, or submit covered claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. 9 3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions
pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,
it may make, or causes to be made, pertaining to the underlying contract or the FTA
assisted project for which this contract work is being performed. In addition to other
penalties that may be applicable, the Contractor further acknowledges that if it makes,
or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
9 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 9 1001
and 49 U.S.C. 9 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clauses shall not be modified, except to identify the subcontractor who
will be subject to the provisions.
GC-CA-I.26
21. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1F
Applicability to Contracts: All contracts (with the exception of contracts with
nonprofit organizations and institutions of higher education,) in excess of $10,000
shall contain suitable provisions for termination by the grantee including the manner by
which it will be effected and the basis for settlement. (For contracts with nonprofit
organizations and institutions of higher education the threshold is $100,000.) In
addition, such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated
because of circumstances beyond the control of the contractor.
Flow Down: The termination requirements flow down to all contracts in excess of
$10,000, with the exception of contracts with nonprofit organizations and institutions of
higher learning.
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is
in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately
GC-CA-I-27
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
GC-CA-I-28
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part, with the diligence that will insure its
completion within the time specified in this contract or any extension or fails to complete
the work within this time, or if the Contractor fails to comply with any other provisions of
this contract, the (Recipient) may terminate this contract for default. The (Recipient)
shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of the default. In this event, the Recipient may take over the work and compete it
by contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the work. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from
the Contractor's refusal or failure to complete the work within specified time, whether or
not the Contractor's right to proceed with the work is terminated. This liability includes
any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such causes
include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,
freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the
delay is excusable, the time for completing the work shall be extended. The judgment
of the (Recipient) shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and obligations
of the parties will be the same as if the termination had been issued for the convenience
of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract obligations.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
GC-CA-I-29
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the Contractor shall (1) immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to the
Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the
fee, if the contract provides for a fee, to be paid the contractor in proportion to the value,
if any, of work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the (Recipient) and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
GC-CA-I-30
22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
Backaround and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any
level expected to equal or exceed $25,000 as well as any contract or subcontract
(at any level) for Federally required auditing services. 49 CFR 29.220(b). This
represents a change from prior practice in that the dollar threshold for application of
these rules has been lowered from $100,000 to $25,000. These are contracts and
subcontracts referred to in the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do
this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from
that person, or (c) Adding a clause or condition to the contract or subcontract. This
represents a change from prior practice in that certification is still acceptable but is no
longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also
must require the entities they contract with to comply with 49 CFR 29, subpart C and
include this requirement in their own subsequent covered transactions (i.e., the
requirement flows down to subcontracts at all levels).
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at
49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or
disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon By
Collier County. If it is later determined that the bidder or proposer knowingly
GC-CA-I-31
rendered an erroneous certification, in addition to remedies available to Collier
County, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The bidder or proposer agrees to comply
with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts: When a grantee maintains files on drug and alcohol
enforcement activities for FTA, and those files are organized so that information could
be retrieved by personal identifier, the Privacy Act requirements apply to all contracts.
Flow Down: The Federal Privacy Act requirements flow down to each third party
contractor and their contracts at every tier.
Contracts Involving Federal Privacy Act Requirements - The following requirements
apply to the Contractor and its employees that administer any system of records on
behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of
1974,
5 U.S.C. 9 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a
system of records on behalf of the Federal Government. The Contractor understands
that the requirements of the Privacy Act, including the civil and criminal penalties for
violation of that Act, apply to those individuals involved, and that failure to comply with
the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in
whole or in part with Federal assistance provided by FT A.
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24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. ~ 623, 42 U.S.C. ~ 2000
42 U.S.C. ~ 6102,42 U.S.C. ~ 12112
42 U.S.C. ~ 12132, 49 U.S.C. ~ 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts: The Civil Rights Requirements apply to all contracts.
Flow Down: The Civil Rights requirements flow down to all third party contractors and
their contracts at every tier.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. 9 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. 96102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 9
12132, and Federal transit law at 49 U.S.C. 95332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Oriqin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. S 2000e, and Federal transit laws at 49 U.S.C. 9
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 92000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of payor other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Aqe - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. 99 623 and Federal transit law at 49 U.S.C. S 5332, the
GC-CA-I-33
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. 9 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1 F
Applicability to Contracts: All contracts in excess of $100,000 shall contain
provisions or conditions which will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate. This may include provisions
for bonding, penalties for late or inadequate performance, retained earnings, liquidated
damages or other appropriate measures.
Flow Down: The Breaches and Dispute Resolutions requirements flow down to all
tiers.
Disputes - Disputes arising in the performance of this Contract which are not resolved
by agreement of the parties shall be decided in writing by the authorized representative
of Owner's Director of Facilities Management. This decision shall be final and
conclusive unless within [ten (10)] days from the date of receipt of its copy, the
Contractor mails or otherwise furnishes a written appeal to the Director of Facilities
Management. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of
the Director of Facilities Management shall be binding upon the Contractor and the
Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by Owner, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for damages
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therefor shall be made in writing to such other party within a reasonable time after the
first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the Owner and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the
Owner is located.
Rights and Remedies - The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the Owner, Design Engineer or
Contractor shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance
to grantees on the use of overall and contract goals, requirement to include DBE
provisions in subcontracts, evaluating DBE participation where specific contract goals
have been set, reporting requirements, and replacement of DBE subcontractors.
Additionally, the DBE program dictates payment terms and conditions (including
limitations on retainage) applicable to all subcontractors regardless of whether they are
DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal
clause such as that below must be included in all contracts above the micro-purchase
level. The requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26
concerns retainage (see section 26.29). Grantee choices concerning retainage should
be reflected in the language choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal
Regulations, Part 26, Participation by Disadvantaged Enterprises in Department
of Transportation Financial Assistance Programs. Collier Area Transit's goal for
DBE participation is 6%.
b. A separate contract goal has not been established for this procurement.
GC-CA-I-35
c. The contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT-assisted contract. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as Collier County deems
appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
d. The successful bidder/offeror will be required to report its DBE participation
obtained through race-neutral means throughout the period of performance. In
order to comply with the provisions of 49 CFR 26, the bidder/offeror agrees to the
following:
. Bid Opportunity List - shall submit with all Requests for Proposals and
Invitations For Bid.
. Anticipated DBE Participation Statement - shall submit with all Requests for
Proposals and Invitations For Bid.
. DBE Directory - the bidder/offeror may use the online DBE directory, BizNet,
www.bipincwebapPs.com/biznetflorida/ to locate ready, willing, and able DBE's to
perform sub-contractor work or sub-consultant work on USDOT assisted
contracts. j
. Subcontractor Payment Report - shall submit monthly to comply with
monitoring requirements of 49 CFR 26.
e. The contractor is required to pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than 30 days after
the contractor's receipt of payment for that work from Collier County. In addition,
the contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor's work related to this
contract is satisfactorily completed.
f. The contractor must promptly notify Collier County, whenever a DBE
subcontractor performing work related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor may
not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of Collier County.
29. r RESERVED 1
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30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FT A Circular 4220.1 F
Applicabilitv to Contracts: The incorporation of FTA terms applies to all contracts.
Flow Down: The incorporation of FTA terms has unlirnited flow down.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to
perform any act, or refuse to comply with any (name of grantee) requests which would
cause (name of grantee) to be in violation of the FTA terms and conditions.
32. ADA Access
49 U.S.C. ~5301
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C.
9 5301 (d), which states the Federal policy that elderly individuals and individuals with
disabilities have the same right as other individuals to use public transportation services
and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly
individuals and individuals with disabilities. The Recipient also agrees to comply with all
applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with
29 U.S.C. 9 794, which prohibits discrimination on the basis of disability; with the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.SC. 99 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended,
42 U.S.C. 994151 et seq., which requires that buildings and public accommodations be
accessible to individuals with disabilities, and any subsequent amendments to these
laws or other laws pertaining to access for individuals with disabilities to the extent
applicable.
GC-CA-I-37
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
The undersigned
her knowledge and belief, that:
( Contractor) certifies, to the best of his or
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C 1601, et seq)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, USC S 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
[Note: Pursuant to 31 u.s.c. S 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.s.C A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
GC-CA-I-38
COLLIER AREA TRANSIT INFORMATION
1 FTA FUNDING SOURCE
2. FTA AGREEMENT
AMOUNT
3. COLLIER
CONTRACT # 4. LOCAL AGENCY'S NAME
(IFB/RFP or PO) __
Collier Area Transit
PRIME VENDOR I CONTRACTOR INFORMATION
5. PRIME CONTRACTOR'S NAME
16. FEID NUMBER - PRIME CONTRACTOR) 7. CONTRACT DOLLAR AMOUNT
I
I
I _
~T10~HE WORK OF THIS CONTRACT
_~~~~STRUCTION 0 OR CONSULTANT DOTHER?
9. IS THE PRIME A FLORIDA- CERTIFIED
DISADVANTAGED BUSINESS ENTERPRISE
(OBE)?
11. REVISION (Y/N)? _ IF YES, REVISION NUMBER ___
IF PRIME HAS SUBCONTRACTOR(S) OR SUPPLIER(S) WHO IS A DBE, COMPLETE SECTION #12.
12 ANTICIPATED DBE SUBCONTRACTORS (BELOW):
OBE SUBCONTRACTOR OR SUPPLlE~~ TYPE OF WORK/SPECIALTY
DOLLAR AMOUNT
PERCENT OF
CONTRACT
OOLLARS
A
B
c
o
E
F
11 A TOTAL DOLLARS TO
DBE'S
l1BTOTALPERCENTOF
CONTRACT
13 NAME OF SUBMITTER
14 OATE
15. TITLE OF SUBMITTER
6. EMAILAODRI SS' OF PRIME CONTRACTORlS BMITT~_.___ 17. FAX NUMB R ---l18 PHONE NUMBER
NOTE: THIS INFORMATION IS USED TO TRACK ANO REPORT ANTICIPATED OBE PARTICIPATION IN ALL FEDERALLY- FUN OED FOOT
CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS
FORM MUST BE SUBMITTED AT THE PRE- CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY
OFFICE.
19 SUBMITTED BY
20DA TE
21. TITLE OF SUBMITTER
22 EMAIL ADDRESS OF SUBMITTER
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23. FAX NUMBER
I~~ :HONE NUMBER -= -
,
L__.._
EXHIBIT J
SPECIFICATIONS
Please download separate file from www.collieraov.net/bid.
Specifications are included in the drawings.
GC-CA-L-1
EXHIBIT K
PERMITS
Collier County has permit number 2010091035 in hand and will transfer the permit to
Contractor. The permit requires that a General Contractor be the prime Contractor.
GC-CA-L-2
EXHIBIT L
STANDARD DETAILS
GC-CA-L-3
EXHIBIT M
PLANS AND SPECIFICATIONS
Please download separate file from www.colliergov.net/bid
GC-CA-N-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GCCA-N-1