Agenda 07/11/2017 Item #16D 207/11/2017
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 17-7139 to Infinite Construction, LLC, for the Ann
Olesky Park Pier Replacement, in the amount of $437,736.94, plus $5,000 for County permitting
fees for a total of $442,736.94, and authorize the necessary budget amendment.
OBJECTIVE: To replace the existing Ann Olesky Park Pier at Lake Trafford in Immokalee.
CONSIDERATIONS: The pier at Ann Olesky Park is approximately 33 years old and is in disrepair. A
structural inspection was performed and, due to the severity of degradation, a full replacement of the pier
structure was recommended. To ensure Parks and Recreation’s vision to provide safe and secure
recreational facilities, the project design includes replacing the pier within the existing footprint, and
electrical work to provide lighting along the pier.
The fishing pier is a cultural icon that frames Lake Trafford in Immokalee. The pier serves tourists who
visit the lake for observations of the unique features of one of the only two freshwater lakes in Collier
County. A burgeoning tourism business operates on the lake where visitors are provided airboat tours,
fishing excursions, and “lake watching” from local vendors to enjoy a unique aspect of Collier County.
Neighboring the pier is Pepper Ranch, which provides amenities for this Conservation Collier property as
well as Immokalee’s Seminole Casino. All of these tourist destinations are enhanced by the preservation
of the fishing pier, which has met its useful life span.
On April 14, 2017, the Procurement Services Division released notices of Invitation to Bid No. 17 -7139,
“Ann Olesky Park Pier Replacement,” to 2,032 vendors. Seventy-six vendors downloaded bid packages,
and six bids were received May 18, 2017, as shown below and on the attached Bid Tabulation. The lowest
qualified base bid is approximately 7 percent above the consultant engineer’s cost estimate of $408,890.
Staff reviewed the lump sum base bid and recommends awarding the bid to Infinite Construction, LLC,
the lowest, responsible and responsive bidder.
Contractor Base Bid
1 Infinite Construction, LLC $437,736.94
2 DSI General Contractors $568,585.00
3 Duncan Seawall, Dock and Boat Lift, LLC $625,573.00
4 Underwater Engineering Services $633,317.00
5 Greg Orick II Marine Construction, Inc. $654,290.00
6 Marine Contracting Group, Inc. $819,000.00
The replacement of the pier will be implemented utilizing a safer design by adding galvanized wire mesh
behind the side railing system, as opposed to the current open railing system. In addition, to extend the
asset life expectancy, the dock piles will be wrapped to protect them from degradation in the harsh marine
environment.
The Board of County Commissioners (Board) approved the Tourist Development Grant Application on
June 14, 2016 (Item 16D15). The Board approved the reallocation of funds between Category “A”
beaches and beach park facilities and Category “D” fishing piers with a supermajority vote of the Board.
ADVISORY BOARD RECOMMENDATION: On April 25, 2016, the Tourist Development Council
(TDC) approved a grant application for $310,000 for the Ann Olesky Park Pier Replacement, by a 7-0
vote. On June 26, 2017, the TDC approved the expenditure necessary for the budget amendment and
recommended award of Bid No. 17-7139, by a 9-0 vote.
07/11/2017
FISCAL IMPACT: The original project budget approved on 4-25-16 by the TDC and 6-14-16 by the
Board was $310,000. After accounting for design services, approximately $279,300 is available to fund
construction. The bid award is $437,736.94. Also anticipated is $5,000 for permitting and ancillary site
work for a total construction phase budget of $442,736.94. A budget amendment providing an additional
$164,000 is recommended in order to move forward with the proposed pier replacement contract.
Consistent with the manner existing project funding was provided TDC Category “A” funds in Beach
Park Facilities Fund (183) reserves, in the amount of $164,000, are proposed to be reallocated to Fishing
Piers Category “D” in TDC Fund (195). A budget amendment will be processed transferring monies from
TDC Fund (183) to TDC Category “D” in Fund (195) placing those monies into Ann Oleksy Park Pier
Replacement Project No. 80268.
Because the budget action described above will be delayed by due to mandated public hearing
requirements an interim budget amendment will also be processed in the same dollar amount. This
budget amendment will temporarily move TDC Fund (195) reserves into the Olesky Pier project with the
primary budget amendment restoring Fund (195) reserves.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: On July 8, 2014, the Board of County Commissioners (“Board”)
amended the tourist development tax ordinance, No. 92-60, as amended, to provide: “Notwithstanding
anything to contrary herein, the Board of County Commissioners may reallocate funds between the
above-defined Categories (A-D) with an affirmative vote of a majority plus one additional member of the
Board of County Commissioners.” Ordinance No. 14-30. The Board may approve this additional
funding with four affirmative votes to reallocate the funds from Category “A” beaches to Category “D”
for fishing pier repair and maintenance. This item is approved as to form and legality and requires
majority vote of the Tourist Development Council for approval. - CMG
RECOMMENDATION: To award Bid No. 17-7139, “Ann Olesky Park Pier Replacement,” Project No.
80268, to Infinite Construction, LLC in the amount of $437,736.94, plus $5,000 for County permitting
fees, for a total of $442,736.94; authorize the necessary budget amendment; and, authorize the Chair to
execute the attached contract.
Prepared by: Felicia Kirby, Associate Project Manager, Facilities Management Division
ATTACHMENT(S)
1. NORA & Engineer's Recommendation (PDF)
2. 17-7139 - Bid Tabulation (PDF)
3. [LINKED]17-7139 - Contract (PDF)
4. Opinion of Probable Cost (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 3208
Item Summary: Recommendation to award Invitation to Bid No. 17-7139 to Infinite
Construction, LLC, for the Ann Olesky Park Pier Replacement, in the amount of $437,736.94, plus
$5,000 for County permitting fees for a total of $442,736.94, and authorize the necessary budget
amendment.
Meeting Date: 07/11/2017
Prepared by:
Title: – Facilities Management
Name: Felicia Kirby
05/26/2017 7:21 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
05/26/2017 7:21 AM
Approved By:
Review:
County Attorney's Office Michael Cox Level 2 Attorney Review Skipped 06/20/2017 4:31 PM
Public Services Department Michael Cox Level 2 Division Administrator Review Skipped 06/20/2017 4:32 PM
Public Utilities Department Margie Hapke Additional Reviewer Completed 05/26/2017 9:15 AM
Facilities Management Dennis Linguidi Additional Reviewer Completed 05/30/2017 11:19 AM
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 05/30/2017 12:05 PM
Procurement Services Ted Coyman Additional Reviewer Completed 05/31/2017 5:22 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/01/2017 4:29 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/05/2017 3:22 PM
Facilities Management Hank Jones Additional Reviewer Completed 06/06/2017 2:38 PM
Facilities Management Margaret Bishop Additional Reviewer Completed 06/06/2017 4:45 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/07/2017 3:59 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/07/2017 4:21 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/08/2017 7:42 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/12/2017 10:48 AM
Public Services Department Steve Carnell Additional Reviewer Completed 06/12/2017 5:04 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/13/2017 8:46 AM
07/11/2017
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 10:28 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/16/2017 5:01 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2017 7:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
We design bridges to fit your site and budget.
Bridging Solutions, LLC
15863 Secoya Reserve Circle
Naples, FL 34110
Tel. (239) 216-1370
ralph@bridging-solutions.com
www.bridging-solutions.com
May 23, 2017
Felicia Kirby
Associate Project Manager
Facilities Management Department
Collier County Government
3299 Tamiami Trail East
Naples, FL 34112
RE: Award Recommendation – Ann Olesky Park Pier Replacement
Dear Ms. Kirby:
Bridging Solutions, LLC (BSLLC) has completed our review of the bids received for the Ann Olesky Pier
Replacement project and is pleased to provide Collier County (County) the following recommendation. The County
received six (6) bids for the Ann Olesky Pier Replacement project.
Infinite Construction, LLC is the apparent low bidder with a Base Bid of $437,737.00. The project design team has
performed a reference check and we consider them qualified for this type of work. The five (5) remaining Base Bids
ranged from $568,585 to $819,000. A summary of the bids is attached.
Based on the above information, Bridging Solutions, LLC recommends Infinite Construction, LLC be awarded the
Ann Olesky Pier Replacement project for the Base Bid amount of $437,737 which includes a $50,000 owners
allowance.
Please contact me at 239-216-1370 if you have any questions or comments.
Respectfully,
BRIDGING SOLUTIONS, LLC
Ralph Verrastro, PE
Principal
Procurement Strategist: Jim Flanagan No. of Notices: 2032Project Manager: Felicia Kirby No. of Downloads 76May 18, 2017No. of Bids Rec'd 6Project No:17‐7139Project:Ann Olesky Park Pier ReplacmentDescription:Pier Replacment Bid Bidder: Infinite Construction LLC DSI General Contractors Duncan Seawall Dock & BL LUnderwater Engineering SerGreg Orek II Marine ConstruMarine Contracting GroupITEM NO. ITEM DESCRIPTION QUANTITY UNIT LUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTMOBILIZATION & DEMOBILIZATION 1 LS $23,871.00 $40,000.00 $34,244.00 $21,706.00 $33,275.00 $35,000.00TURBITITY BARRIER 1 LS $4,996.28 $7,500.00 $500.00 $8,456.00 $6,685.00 $17,739.00DEMOLITION & DISPOSAL 1 LS $37,674.03 $65,035.00 $68,197.00 $42,252.00 $31,865.00 $130,037.00FIXED PIER AND CANOPY (EXCLUDING PILES) 1 LS $195,938.95 $295,500.00 $383,484.00 $370,480.00 $432,510.00 $376,333.00PIER PILES WITH WRAPS 1 LS $82,766.75 $65,050.00 $68,902.00 $99,279.00 $48,750.00 $111,082.00ELECTRICAL SERVICE (INCLUDING FIXTURES) 1 LS $20,450.00 $25,000.00 $11,450.00 $18,223.00 $26,230.00 $59,775.00SIDEWALK 1 LS $3,745.61 $4,500.00 $6,050.00 $7,890.00 $7,985.00 $16,296.006 FT ARLINGTON IPE BENCHES W/ INSTALL 1 LS $18,294.32 $16,000.00 $2,746.00 $15,031.00 $16,990.00 $22,738.00BASE BID TOTAL$387,737 $518,585 $575,573 $583,317 $604,290 $769,000OWNERS ALLOWANCE $50,000 $50,000 $50,000 $50,000 $50,000 $50,000TOTAL BID $437,737 $568,585 $625,573 $633,317 $654,290 $819,000*Contractor to include anticiapted project schedule. NYYYYNJune 12 ‐ August 10 SC 18 Weeks May 29 ‐ January 16 110 daysCompleted Bid Form (solicitation page 12) YYYYYYCompleted Bid Schedule (as REVISED ‐ 17‐7139 Bid Schedule ‐ ADD#1rev)YYYYYYCompleted Bid Forms: Material Manufacturers (solicitation page 14) YYYYYY List of Major Subcontractors (solicitation page 15) YYYYYY Statement of Experience of Bidder (soliciation page 16) YYYYYY Trench Safety Act Acknowledgement (solicitation page 17) YYYYYY E‐Verify Immigration Law Affidavit Certification (solicitation page 18)YYYYYY Solicitations Substitute W‐9 (solicitation page 19‐22) YYYYYY Bid Bond Form (solicitaiton page 23) YYYYYY Bidders Checklist (solitication page 24) YYYYYY Insurance and Bonding Requirements (solicitation pages 40 and 41)YYYYYYAcknowledgement ‐ Receipt of Addendum #1YYYNNNAcknowledgement ‐ Receipt of Addendum #2YYYNNNStrategist: Confirm validity w/FL Divisions of Corporations on‐lineYYYYYYStrategist: Confirm Insurance and Bonding RequirementsYYYYYYStrategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED: Y Y Y N N NOpened By: Jim FlanaganWitnessed by: Kristofer Lopez17‐7139 ‐ BID SCHEDULE ‐ ADD#1
1
Construction Services Agreement: Revised 02132017
Ann Olesky Park Pier Replacement
COLLIER COUNTY
INVITATION TO BID NO. 17-7139
COLLIER COUNTY, FLORIDA
Jim Flanagan, Procurement Strategist
Email: JimFlanagan@colliergov.net
Telephone: (239) 252 - 8946
Design Professional:
Bridging Solutions, LLC
2
Construction Services Agreement: Revised 02132017
TABLE OF CONTENTS
PUBLIC NOTICE ....................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5
CONSTRUCTION BID ..............................................................................................................12
BID SCHEDULE .......................................................................................................................13
MATERIAL MANUFACTURERS ..............................................................................................14
LIST OF MAJOR SUBCONTRACTORS ..................................................................................15
STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................17
TRENCH SAFETY ACT ............................................................................................................18
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................19
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................20
BID BOND ................................................................................................................................25
BIDDERS CHECK LIST ...........................................................................................................26
CONSTRUCTION AGREEMENT..............................................................................................27
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................34
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................................................37
EXHIBIT B: INSURANCE REQUIREMENTS............................................................................40
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................................................44
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................45
EXHIBIT E: CHANGE ORDER .................................................................................................46
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................47
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................49
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................50
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................77
EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................78
EXHIBIT K: PERMITS ..............................................................................................................79
EXHIBIT L: STANDARD DETAILS ..........................................................................................80
EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................81
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............82
3
Construction Services Agreement: Revised 02132017
PUBLIC NOTICE
INVITATION TO BID
Ann Olesky Park Pier Replacement
COUNTY INVITATION TO BID NO. 17-7139
Sealed bids for the construction of Ann Olesky Park Pier Replacement will be
received electronically until 2:30 P.M. LOCAL TIME, on the 18th day of May, 2017 on the
County’s on-line bidding system: www.colliergov.net/bid. 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. The anticipated project budget is: $358,890.
A non-mandatory pre-bid conference shall be held at the Procurement Services Division,
Conference Room A, 3295 Tamiami Trail East (Bldg C2) – (please note new location) at 9:00
a.m. LOCAL TIME on the 25th day of April, 2017, at which time all prospective Bidders may have
questions answered regarding the Bidding Documents for this Project.
Bids shall be received on line by the Bid Date of May 18, 2017. No bid shall be considered unless
it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will
be awarded for all Work. Bidding Documents may be examined on the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies
of the Bidding Documents may be obtained only from the denoted website. Bidding Documents
obtained from sources other than the Collier County Procurement Services Division website may
not be accurate or current.
Each bid shall be accompanied by a certified or cashier’s 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
ten (10) 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 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.
4
Construction Services Agreement: Revised 02132017
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 One Hundred Twenty
(120) 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 13th day of April, 2017
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
5
Construction Services Agreement: Revised 02132017
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
15 - 29 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 and shall sign the Bid correctly. The Bid may be rejected if it
contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must
be submitted on www.colliergov.net/bid
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier’s 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
6
Construction Services Agreement: Revised 02132017
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 one hundred twenty (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 one hundred twenty (120) days from opening, unless otherwise
agreed by the Procurement Director and the Successful Bidder.
3.2 The Successful Bidder shall execute two (2) 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. Right to Reject 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.
Section 5. Signing 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
7
Construction Services Agreement: Revised 02132017
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 and
addressed on the County’s Online Bidding System to be given consideration. All such requests
for interpretations or clarification must be received as directed in the Online Bidding System
instructions and 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 via the Online Bidding
System at their respective email addresses furnished for such purposes no later than three (3)
working days prior to the date fixed for the 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.
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 the 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
8
Construction Services Agreement: Revised 02132017
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.
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 twenty-five percent (25%) from the estimate at the
time of bid.
11.2 Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a
response or a no-bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response.
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 Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s
then current procurement ordinance and policies.
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 Procurement professional of the Owner’s Procurement Services
Division 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 Award recommendations will be posted outside the offices of the Procurement Services
Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County
Commissioners. Award of Contract will be made by the Board of County Commissioners in public
session. Any actual or prospective bidder who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Procurement Director within two (2)
calendar days (excluding weekends and holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest,
9
Construction Services Agreement: Revised 02132017
said protest to strictly comply with Owner’s then current procurement ordinance and policies. A
copy of the procurement ordinance is available at
http://www.colliergov.net/Index.aspx?page=762
12.4 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.
12.5 Certificate of Authority to Conduct Business in the State of Florida (FL Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A
copy of the document may 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 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 the Contractor 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. Owner will not be obligated to
pay for any permits obtained by Subcontractors.
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 2013-69, as amended, 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.”
10
Construction Services Agreement: Revised 02132017
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.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder 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. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not
wish to be lobbied, either individually or collectively about a project for which a firm has
submitted a response. Firms and their agents are not to contact members of the County
Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the
process, from solicitation closing to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this solicitation, or the vendor’s response, with
the exception of the Procurement Director or his designee(s). Failure to abide by this provision
may serve as grounds for disqualification for award of this contract to the firm.
Section 18. 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
11
Construction Services Agreement: Revised 02132017
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.”
13
Construction Services Agreement: Revised 02132017
BID SCHEDULE
Ann Olesky Park Pier Replacement
Bid No. 17-7139
"Also attached, hereto, following this page"
Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.Notice of E-Verify Participation
b.Notice of Right to Work
2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
13‐Feb‐17Client:Collier CountyProject:Ann Olesky Park Pier ReplacmentCounty:CollierDescription:Pier Replacment CostsITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST COST PER ITEMMOBILIZATION & DEMOBILIZATION 1 LS $50,000.00 $50,000TURBITITY BARRIER 700 LF $8.00 $5,600DEMOLITION & DISPOSAL 4430 SF $10.00 $44,300FIXED PIER AND CANOPY (EXCLUDING PILES) 4114 SF $35.00 $143,990PIER PILES WITH WRAPS 78 EA $550.00 $42,900ELECTRICAL SERVICE (INCLUDING FIXTURES) 1 LS $55,000.00 $55,000SIDEWALK 50 LF $30.00 $1,5006 FT ARLINGTON IPE BENCHES W/ INSTALL8 EA $1,950.00 $15,600TOTAL$358,890ENGINEER OPINION OF PROBABLE COST