Agenda 06/12/2018 Item #16A1006/12/2018
EXECUTIVE SUMMARY
Recommendation to award ITB No. 18-7303 Collier County Landscape Beautification Master Plan
“Davis Boulevard (SR 84) Whitten Drive to Santa Barbara Boulevard” to Hannula Landscaping
and Irrigation, Inc. for $444,731.92 (Project Number 60193.1, F.D.O.T. Financial Management
Number 433173-2-58-01).
OBJECTIVE: To complete landscape and irrigation improvements on Davis Boulevard (State Road 84)
from Whitten Drive to Santa Barbara Boulevard as part of the Collier County Landscape Beautification
Master Plan.
CONSIDERATIONS: State Road 84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard
project is identified as Financial Management Number 433173-2-58-01 in the Florida Department of
Transportation (F.D.O.T.) Adopted Work Program in Fiscal Year 2017/2018 for landscape installation
and is contained in F.D.O.T.’s adopted Five Year Work Program.
At the September 27, 2016, Board of County Commissioners (Board) meeting (Agenda Item 11D), the
Board approved the updated Best Management Practices for the Landscape Beautification Master Plan
project ranking and funding. State Road 84 (Davis Boulevard) is an arterial roadway that borders the
Radio Road Municipal Service Taxing Unit. F.D.O.T. is willing to provide the County with
reimbursement in the amount of $200,000 to construct and provide Construction and Engineering and
Inspection (C.E.I.) services for the above referenced improvements, as specified in the attached Joint
Participation Agreement (BCC Approved on December 12, 2017). The County will provide the initial
funding for the construction and C.E.I. services, and will be reimbursed by F.D.O.T. Staff anticipates
construction of the improvements to be completed by December 31, 2018.
On January 30, 2018, the Procurement Services Division advertised Invitation to Bid No. 18-7303 “Davis
Boulevard (SR 84) Whitten Drive to Santa Barbara Boulevard.” The system released six thousand one
hundred and forty-seven (6,147) notices to vendors through Bid Sync; the County’s online bidding
system. Sixty-nine (69) vendors viewed the bid documents. On February 7, 2018, the Procurement
Services Division hosted a publicly posted pre-bid meeting. At this meeting, the specifications and plans
were thoroughly presented to potential bidders. The County received two (2) bids by the March 5, 2018
due date, as shown in the below chart.
Hannula Landscaping and
Irrigation, Inc.
Superior Landscaping & Lawn
Service, Inc.
Base Bid Total $ 444,731.92 $ 617,597.74
Staff recommends award to the lowest, responsive and responsible bidder, Hannula Landscaping and
Irrigation, Inc. Staff and McGee & Associates, the project’s landscape design consultant, reviewed
Hannula's bid prices and agree that the prices are fair and reasonable. The base bid is appro ximately 13.4
percent above the project consultant’s $391, 986.20 opinion of probable cost. The Procurement Services
Division concluded bidding was competitive and representative of market conditions. The bid tabulation,
solicitation, agreement, Landscape Architect’s letter of recommendation, and the Notice of
Recommended Award are attached hereto.
FISCAL IMPACT: Total cost of the project is approximately $484,731.92, construction contract of
444,731.92 and costs of approximately $40,000 to be incurred include: Motorola Central Control
Irrigation components, controller installation, electrical connections, and a 5% contingency. Grant Funds
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in the amount of $200,000 are available within Growth Management Grant Fund (711), Project 60193.
There is no required match for the construction grant. $90,000.00 of local funds are currently available in
Landscaping Project Fund (112), Project 60193. A budget amendment is needed in the amount of
$200,000 from Landscape Reserves to transfer local fund from reserves to Landscaping Project Fund
(112), Project 60193.
The estimated annual maintenance is $33,767 to be included with other contractual services post -
construction in FY19 within the Road Maintenance Landscape fund centers. Those budgeted expenses are
within the Unincorporated General Fund (111) MSTU Landscape Maintenance fund center.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: The project supports the Growth Management Plan.
RECOMMENDATION: To award Invitation to Bid No. 18-7303 Collier County Landscape
Beautification Master Plan “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara Boulevard” to
Hannula Landscaping and Irrigation, Inc., authorize the Chairman to sign the attached agreement, and
approve the above-requested budget amendment for the project.
Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager, Road Maintenance Division
ATTACHMENT(S)
1. 18-7303 - Approved NORA (Corrected) (PDF)
2. 18-7303 Bid Tabulation (PDF)
3. 18-7303 Engineers opinion (PDF)
4. [Linked] 18-7303 Hannula_Contract_VendorSign (PDF)
5. 18-7303 Davis Boulevard (SR 84)FORMS (PDF)
6. JPA Item 16A20- Recorded JPA_12.12.17 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 5423
Item Summary: Recommendation to award ITB No. 18-7303 Collier County Landscape
Beautification Master Plan “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara Boulevard” to
Hannula Landscaping and Irrigation, Inc. for $444,731.92 (Project Number 60193.1, F.D.O.T. Financial
Management Number 433173-2-58-01).
Meeting Date: 06/12/2018
Prepared by:
Title: Manager - Landscape Operations – Growth Management Department
Name: Pamela Lulich
04/19/2018 2:56 PM
Submitted by:
Title: Dept Head - Growth Management – Growth Management Department
Name: Thaddeus Cohen
04/19/2018 2:56 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/19/2018 3:24 PM
Road Maintenance Joseph Delate Additional Reviewer Completed 04/19/2018 4:16 PM
Growth Management Operations Support Heather Meyer Additional Reviewer Completed 04/20/2018 7:35 AM
Procurement Services Adam Northrup Additional Reviewer Completed 04/20/2018 7:39 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 04/23/2018 7:58 AM
Procurement Services Swainson Hall Additional Reviewer Completed 04/23/2018 8:46 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 04/23/2018 3:10 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/25/2018 9:02 AM
Growth Management Department Gene Shue Additional Reviewer Completed 04/26/2018 6:22 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 05/03/2018 8:56 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 05/03/2018 10:51 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/03/2018 3:26 PM
Growth Management Department James French Deputy Department Head Review Completed 05/04/2018 11:13 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/08/2018 1:32 PM
Grants Edmond Kushi Level 2 Grants Review Completed 06/01/2018 1:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/01/2018 2:19 PM
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Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/01/2018 3:36 PM
Grants Therese Stanley Additional Reviewer Completed 06/04/2018 8:47 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/04/2018 4:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/05/2018 8:24 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
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Packet Pg. 512 Attachment: 18-7303 - Approved NORA (Corrected) (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
Project Manager: Pam Lulich
Procurement: Adam Northrup
18-7303 - Bid Tabulation
DAVIS BLVD. (SR 84) LANDSCAPING
FDOT FPID 433173-2-58-01, CCPN: 60193
Notices Sent: 6147
Viewed: 69
Proposers: 2
LINE #BID / PAY ITEM NUMBER BID / ITEM NAME ITEM DESCRIPTION/COMMON NAME-SYMBOL UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
1 101-1 MOBILIZATION/BONDING REFER TO EXHIBIT L - STANDARD DETAIL, SECTION 101:
MOBILIZATION L.S.1 8,600.00$ 8,600.00$ 13,510.00$ 13,510.00$
2 102-1 MAINTENANCE OF TRAFFIC L.S.1 9,800.00$ 9,800.00$ 27,234.00$ 27,234.00$
3 110-1-1 CLEARING AND GRUBBING (STANDARD)REMOVAL OF ANY EXISTING SURFACE VEGETATION S.Y.5458 3.78$ 20,631.24$ 4.00$ 21,832.00$
4 120-1 REGULAR SOIL EXCAVATION (18" DEPTH)C.Y.1700 25.41$ 43,197.00$ 30.00$ 51,000.00$
5 162-1-13 PREPARED SOIL LAYER (FINISHED SOIL LAYER)S.Y.4128 12.82$ 52,920.96$ 24.00$ 99,072.00$
6 350-3-1 PLAIN CEMENT CONCRETE PAVEMENT FDOT CLASS I CONCRETE AS PAVER BASE S.Y.40 69.50$ 2,780.00$ 125.00$ 5,000.00$
7 526-1-2 ARCHITECTURAL PAVERS (SIDEWALK)S.Y.45 59.00$ 2,655.00$ 150.00$ 6,750.00$
8 630-2-12 DIRECTIONAL BORE (LESS THAN 6 IN. HDPE)IRRIGATION 3" MAIN LINE L.F.65 22.00$ 1,430.00$ 30.00$ 1,950.00$
9 630-2-12 DIRECTIONAL BORE (LESS THAN 6 IN. PVC)IRRIGATION 2.5" SCH 40 PVC LATERAL PIPING & VALVE
WIRING CONDUIT L.F.290 21.00$ 6,090.00$ 30.00$ 8,700.00$
10 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) BOUGAINVILLEA SPP. ' MS ALICE'SINGAPORE WHITE BOUGAINVILLEA - BSA Ea.285 11.50$ 3,277.50$ 10.00$ 2,850.00$
11 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) BOUGAINVILLEA SPP. ' SILHOUETTE'SINGAPORE PINK BOUGAINVILLEA - BS Ea.388 11.50$ 4,462.00$ 10.00$ 3,880.00$
12 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) BOUGAINVILLEA SPP. ' HELEN JOHNSON'DWARF BOUGAINVILLEA - BHJ Ea.20 11.50$ 230.00$ 14.00$ 280.00$
13 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) MUHLENBERGIA CAPILLARIS MUHLY GRASS - MC Ea.28 10.30$ 288.40$ 10.00$ 280.00$
14 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) PLUMBAGO AURICULATA IMPERIAL BLUE' - PA Ea.20 10.30$ 206.00$ 12.00$ 240.00$
15 580-1-1 SHRUBS (< 7 gal., less than 6' Ht.) HAMELIA PATENS 'COMPACTA'DWARF FIREBUSH - HC Ea.209 10.90$ 2,278.10$ 9.00$ 1,881.00$
16 580-1-1 GROUND COVERS (< 7 gal., greater than 24" Ht.) DIETES BICOLOR YELLOW AFRICAN IRIS - DB Ea.621 5.15$ 3,198.15$ 6.00$ 3,726.00$
17 580-1-1 GROUND COVERS (< 7 gal., greater than 24" Ht.) JUNIPERUS CHINESIS ' PARSONII'PARSONI JUNIPER - JC Ea.100 10.80$ 1,080.00$ 15.00$ 1,500.00$
18 580-1-1 GROUND COVERS (< 7 gal., less than 12" Ht.) ARACHIS GLABRATA 'ECOTURF'PERENNEL PEANUT - AE Ea.4808 4.10$ 19,712.80$ 5.00$ 24,040.00$
19 580-1-1 ORGANIC MULCH MULCH TRANSPORTATION BLEND Bag 4661 5.30$ 24,703.30$ 4.00$ 18,644.00$
20 580-1-2 TREES (≥ 7 gal., greater than 25' Ht.) DELONIX REGIA ROYAL POINCIANA - DR Ea.2 820.00$ 1,640.00$ 3,700.00$ 7,400.00$
21 580-1-2 TREES (≥ 7 gal., greater than 25' Ht.) JACARANDA MIMOSIFOLIA JACARANDA TREE - JM Ea.3 820.00$ 2,460.00$ 3,700.00$ 11,100.00$
22 580-1-2 TREES (≥ 7 gal., greater than 25' Ht.) QUERCUS VIRGINIANA CATHEDRAL LIVE OAK - QC Ea.9 798.00$ 7,182.00$ 855.00$ 7,695.00$
23 580-1-2 TREES (≥ 7 gal., greater than 25' Ht.) TABEBUIA IMPETIGINOSA PURPLE TRUMPET TREE - TI Ea.7 570.00$ 3,990.00$ 1,755.00$ 12,285.00$
24 580-1-2 TREES (≥ 7 gal., greater than 25' Ht.) TABEBUIA CHRYSOTRICHA GOLD TRUMPET TREE - TC Ea.8 570.00$ 4,560.00$ 1,700.00$ 13,600.00$
25 580-1-2 SMALL TREES / SHRUBS (≥ 7 gal., less than 25' Ht.) LAGERSTROEMIA 'MUSKOGEE'CRAPE MYRTLE - LI Ea.4 513.00$ 2,052.00$ 785.00$ 3,140.00$
26 580-1-2 PALMS (≥ 7 gal., ≥ 6' ht., greater than 10' Clear Trunk (Ct.) Ht.) ROYSTONIA ELATA FLORIDA ROYAL PALM - RE12 Ea.27 547.00$ 14,769.00$ 640.00$ 17,280.00$
27 580-1-2 PALMS (≥ 7 gal., ≥ 6' ht., greater than 10' Clear Trunk (Ct.) Ht.) SABAL PALMETTO CABBAGE PALM - SP18 Ea.7 194.00$ 1,358.00$ 375.00$ 2,625.00$
28 580-1-2 PALMS (≥ 7 gal., ≥ 6' ht., greater than 10' Clear Trunk (Ct.) Ht.) SABAL PALMETTO CABBAGE PALM - SP12 Ea.4 148.00$ 592.00$ 375.00$ 1,500.00$
29 580-1-2 PALMS (≥ 7 gal., ≥ 6' ht., greater than 10' Clear Trunk (Ct.) Ht.) SABAL PALMETTO CABBAGE PALM - SP8 Ea.4 148.00$ 592.00$ 425.00$ 1,700.00$
30 580-1-2 PALMS (≥ 7 gal., ≥ 6' ht., greater than 10' Clear Trunk (Ct.) Ht.) VEITCHIA MONTGOMERYANA MONTGOMERY PALM - VM Ea.26 547.00$ 14,222.00$ 995.00$ 25,870.00$
31 580-1-2 PALMS (≥ 7 gal., less than 10' Clear Trunk (Ct.) Ht.) SERENOA REPENS 'CINEREA'SILVER SAW PALMETTO - SC Ea.34 79.00$ 2,686.00$ 70.00$ 2,380.00$
32 570-1-2 GRASS PERFORMANCE TURF ( ST. AUGUSTINE 'FLORATAM')MEDIANS & TRENCHING REPAIR S.Y.5283 3.24$ 17,116.92$ 4.46$ 23,562.18$
33 570-90 EA.1 2,200.00$ 2,200.00$ 2,371.00$ 2,371.00$
34 590-70 EA.1 38.00$ 38.00$ 363.00$ 363.00$
35 590-70 EA.1 734.00$ 734.00$ 605.00$ 605.00$
36 590-70 LF 3,300 5.65$ 18,645.00$ 9.00$ 29,700.00$
37 590-70 EA.9 125.00$ 1,125.00$ 417.00$ 3,753.00$
Hannula
DAVIS BLVD. SYSTEM #3 IRRIGATION WATER SOURCE MIXING CHAMBER PUMP STATION: (BY COUNTY, NOT IN
CONTRACT) DISCONNECT AND REMOVE EXISTING PUMP STATION. FURNISH & INSTALL NEW 10 HP PUMP PACKAGE
(NAPLES ELECTRICAL MOTOR WORKS MODEL #VDF-NETA-LP-CENT-10-1-230) "OR APPROVED EQUAL" CAPABLE OF
120 GPM AT 70 PSI PUMP DISCHARGE. TO INCLUDE ALL ELECTRICAL UPGRADES TO ELECTRICAL SERVICE, PANELS,
GROUNDING AND IRRIGATION PIPING CONNECTIONS TO MAIN LINE. TO BE 100% OPERATIONAL AND INCLUDE ALL
PERMITTING AND INSTALLATION FEES. REFER TO PUMP NOTES, SPECIFICATIONS AND DETAILS FOR REQUIRED
COMPONENTS.
EXISTING IRRIGATION CONTROLLER: CONNECT ALL LOW VOLTAGE VALVE WIRING AND TEST SYSTEM. TO INCLUDE
HUNTER MINI-CLIK II RAIN SHUTOFF SENSOR. TO BE 100% OPERATIONAL. REFER TO NOTES, SPECIFICATIONS AND
DETAILS FOR REQUIRED COMPONENTS.
Superior
3" MAIN LINE FLANGED EPOXY COATED ISOLATION GATE VALVE WITH NON-RISING STEM IN(JUMBO SIZE) RAINBIRD
VALVE BOXES VBJMBH, NOMINAL SIZE TO BE 26.3" X 19.8" X 12". LID LABEL TO READ "IRRIGATION". TO INCLUDE 6"
EXTENSIONS AS NEEDED.
FURNISH & INSTALL MAIN LINE: 3" PVC PANTONE PURPLE 522C, 1120-1220 CLASS 200 GASKETED OR SOLVENT WELD
IRRIGATION PIPING WITH DUCTLE IRON PIPE FITTINGS & THRUST BLOCKING. BY TRENCHING, SEE PLAN NOTES AND
DETAILS.
FURNISH & INSTALL: 3" HDPE-CLASS 150 SDR11 TO PVC PIPING MECHANICAL JOINTS
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Packet Pg. 513 Attachment: 18-7303 Bid Tabulation (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to
Project Manager: Pam Lulich
Procurement: Adam Northrup
18-7303 - Bid Tabulation
DAVIS BLVD. (SR 84) LANDSCAPING
FDOT FPID 433173-2-58-01, CCPN: 60193
Notices Sent: 6147
Viewed: 69
Proposers: 2
38 590-70 EA.32 773.00$ 24,736.00$ 668.00$ 21,376.00$
39 590-70 EA.197 58.00$ 11,426.00$ 61.60$ 12,135.20$
40 590-70 EA.362 59.00$ 21,358.00$ 66.00$ 23,892.00$
41 590-70 EA.81 38.00$ 3,078.00$ 89.10$ 7,217.10$
42 590-70 LF 4,894 2.90$ 14,192.60$ 6.00$ 29,364.00$
43 590-70 LF 160 3.00$ 480.00$ 30.00$ 4,800.00$
44 590-70 EA.18 110.00$ 1,980.00$ 165.00$ 2,970.00$
45 590-70 EA.97 6.25$ 606.25$ 37.40$ 3,627.80$
46 590-70 EA.12 5.00$ 60.00$ 31.00$ 372.00$
47 590-70 LF 82,644 0.45$ 37,189.80$ 0.34$ 28,098.96$
48 590-70 LF 82,198 0.30$ 24,659.40$ 0.25$ 20,549.50$
49 590-70 EA.1 735.00$ 735.00$ 1,265.00$ 1,265.00$
50 590-70 EA.10 19.45$ 194.50$ 26.00$ 260.00$
51 590-70 EA.1 185.00$ 185.00$ 1,186.00$ 1,186.00$
52 590-70 EA.1 349.00$ 349.00$ 1,186.00$ 1,186.00$
53 PROJECT TOTAL 444,731.92$ 617,597.74$
Bidders Checklist x x
Material manufacturers x x
List of Major Subcontractors x x
Statement of Experience of Bidder x x
Trench Safety Act x x
Immigration Law Afidavit Certification x x
E-Verify x x
Substitute W9/W9 x x
Bid Bond x x
Insurance x x
Grant Forms x x
FURNISH & INSTALL: VALVE CONTROL WIRE, AWG 12 GA. WIRE (COMMON WHITE OR ACTIFICATION RED) SOLID
COPPER INSULATED SUITABLE FOR DIRECT BURIAL
FURNISH & INSTALL: MAIN AND SUBMAIN FLUSH / BLOW OFF ASSEMBLIES PER PLAN NOTES & DETAILS. SIZES TO BE
MIN. 2" DIA. AND/OR TO MATCH MAIN SIZE.
FURNISH & INSTALL: OMNI MARKERS MODEL 168 (PURPLE) AT ENDS OF DIRECTIONA;L BORES AND AT MECHCANICL
JOINTS. SEE NOTES, SPECIFICATIONS AND DETAILS FOR INSTALLATION REQUIREMENTS, "OR APPROVED EQUAL"
FURNISH & INSTALL: GREEN (RPM) REFLECTIVE PAVEMENT MARKERS ON TOP OF CURBING OR ON PAVEMENT EDGE
AT EACH VALVE OR GROUPS OF VALVES. ONE ON EACH SIDE OF MEDIAN CURBING. EXPOXY SET PER FDOT
SPECIFICATIONS.
FURNISH & INSTALL: VALVE CONTROL WIRE, AWG 10 GA. WIRE (COMMON WHITE OR ACTIVATION RED) SOLID
COPPER INSULATED SUITABLE FOR DIRECT BURIAL
FURNISH & INSTALL: TORO 220-227-X-5, 1.25" 220 SERIES BRASS ELECTRIC AC SOLENOID VALVE WITH PRESSURE
REGULATOR, 2.5" RED WHITE 206 SERIES ISOLATION VALVE. RAINBIRD VALVE BOXES VBJMBH, 26.3" X 19.8" X 12". LID
TO READ "IRRIGATION". 6" EXTENSIONS AS NEEDED. "OR APPROVED EQUAL"
TORO 570Z SERIES SPRAYS 570ZPRX MODEL 570Z-6P-PRX-E WITH PRECISION SERIES SPRAY NOZZLES. RADIUS AND
COVERAGE PATTERN VARY. INCLUDES PVC PANTONE PURPLE 522C 1120-1220 CLASS 200 SOLVENT WELD LATERAL
PIPING FROM ZONE VALVES TO SPRINKLERS. "OR APPROVED EQUAL"
TORO 570Z SERIES SPRAYS 570ZPRX MODEL 570Z-12P-SI-PRX-E WITH PRECISION SERIES SPRAY NOZZLES. RADIUS AND
COVERAGE PATTERN VARY. INCLUDES PVC PANTONE PURPLE 522C 1120-1220 CLASS 200 SOLVENT WELD LATERAL
PIPING FROM ZONE VALVES TO SPRINKLERS. "OR APPROVED EQUAL"
FURNISH & INSTALL: TORO T5 RAPIDSET SERIES 5" HT. ROTOR MODEL T5P-XX-E-RS WITH XX - 1.5, 3.0 OR 6.0 NOZZLES.
INCLUDES PVC PANTONE PURPLE 522C 1120-1220 CLASS 200 SOLVENT WELD LATERAL PIPING FROM ZONE VALVES TO
SPRINKLERS. "OR APPROVED EQUAL"
FURNISH & INSTALL VALVE WIRE CONDUITS: 2.5" DIA. SCH. 40 PVC GRAY CONDUIT WITH 90 DEGREE SWEEPS AT
VALVE WIRING PULL / JUNCTION BOX LOCATIONS. SEE NOTES, SPECIFICATIONS AND DETAILS FOR INSTALLATION
REQUIREMENTS.
FURNISH & INSTALL VALVE WIRE CONDUITS: 2.5" DIA. SCH. 40 PVC GRAY CONDUIT BY DIRECTIONAL BORING. SEE
NOTES, SPECIFICATIONS AND DETAILS FOR INSTALLATION REQUIREMENTS AND REQUIRED COMPONENTS.
FURNISH & INSTALL: FOR VALVE WIRE PULL /JUNCTION BOX, (JUMBO SIZE) RAINBIRD VALVE BOXES VBJMBH,
NOMINAL SIZE TO BE 26.3" X 19.8" X 12". LID LABEL TO READ "IRRIGATION". TO INCLUDE 6" EXTENSIONS AS NEEDED.
FURNISH & INSTALL: IRRITROL 533 ADJUSTABLE FLOOD BUBBLERS. INCLUDES PVC PANTONE PURPLE 522C 1120-1220
CLASS 200 SOLVENT WELD LATERAL PIPING FROM ZONE VALVES TO SPRINKLERS AND FLEX PIPING AT TREE
LOCATIONS. SIZE PIPE FOR PROPER FLOWS AS RECOMMENDED IN THE PIPE SIZING SCHEDULE.
FURNISH & INSTALL: WATERMAN AV-150, 1.5" IRRIGATION AIR VACUUM RELEASE ASSEMBLY IN RAINBIRD VALVE
BOXES VBJMBH, 26.3" X 19.8" X 12". LID TO READ "IRRIGATION". 6" EXTENSIONS AS NEEDED. "OR APPROVED EQUAL"
FURNISH & INSTALL: WATERMAN AA-6, 2.5" IRRIGATION PRESSURE RELIEF VALVE ASSEMBLY IN RAINBIRD VALVE
BOXES VBJMBH, 26.3" X 19.8" X 12". LID TO READ "IRRIGATION". 6" EXTENSIONS AS NEEDED. "OR APPROVED EQUAL"
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Packet Pg. 514 Attachment: 18-7303 Bid Tabulation (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to
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Packet Pg. 515 Attachment: 18-7303 Engineers opinion (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara Boulevard” to
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Packet Pg. 516 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 517 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 518 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 519 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 520 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 521 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 522 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 523 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 524 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 525 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 526 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 527 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 528 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 529 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 530 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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Packet Pg. 531 Attachment: 18-7303 Davis Boulevard (SR 84)FORMS (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
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FDOT
Florida Department of Transportation
RICK scorn 605 Suwannee Street MIKE DEW
GOVERNOR Tallahassee, FL 32399-0450 SECRE"LtRV
January 5,2018
Pamela Lulich, PLA, ASLA
Landscape Operations Manager
Collier County
2885 South Horseshoe Dr.
Naples, FL 34104
RE: NOTICE TO PROCEED—CONSTRUCTION PHASE
Financial Project#:433173-2-58-01
Agency Collier County
Contract#: AS584
Description: SR 84(Davis Blvd)from Whitten DR to Santa Barbara Blvd
Dear Ms. Lulich:
In accordance with the Joint Participation Agreement(JPA),dated January 3,2018 between the Department and
Collier County for the construction of the above referenced project,you are hereby authorized to proceed with
advertising the Construction phase on this project. Services are to begin on or after January 5,2018 and be
completed on or before December 31,2018.
Collier County shall advertise this project within thirty (30)days from the date of this NTP. If Collier County is
not able to meet the scheduled advertisement, the District LAP Coordinator should be notified as soon as possible.
Please forward the final contract package for review prior to awarding the project. Once documents are reviewed
and approved, Collier County will be notified and the contract can be awarded and executed. Collier County will
also need to send an invitation for the pre-construction meeting to Rick Arico, Eunice Usher and me.
Please be mindful that the Collier County shall be obligated to submit an invoice to the Department for the
percentage of work that is complete for this project no less frequently than on a quarterly basis from the date of this
NTP. Upon completion of the project phase, the Department will have forty-five (45) working days after receipt of
the invoice to review, inspect and approve the project phase for payment.
If I can be of further assistance,please contact Jim Martin at(863)519-2665 or e-mail at jim.martin@dot.state.fl.us
Si•.-
im Martin,CPM,FCCM
Local Agency Program Coordinator
FDOT, District One
www.ldot.gOV
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INSTR 5495992 OR 5467 PG 1741
RECORDED 1/12/2018 3:00 PM PAGES 28
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$239.50
Financial Management No.: 433173-2-58-01 Fund: DDR FLAIR Approp:
FLAIR Obj.: 751000
Agency:Collier County Function: 215
Org.Code:55014010106
Contract No: /t s75"q Contract Amount:$200,000 Vendor No.: F596000558102
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
fc,
This Agreement, made and entered into this 3 day of _January/ , 20/0. by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as the DEPARTMENT) and COLLIER COUNTY, a political subdivision of the State
of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL
GOVERNMENT),
WITNESSETH:
WHEREAS, the Parties have been granted specific Legislative Authority to enter into this
Agreement pursuant to Section 339.12. Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. 2..c. i—t -2zA , dated the
day of c'c.5r \'z, 20 n a copy of which is attached hereto as Exhibit "F" and made a
part hereof, has authorized its Chairman or designee to execute this Agreement on its behalf.
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program, to undertake the Project described as landscaping of SR 84 (Davis Boulevard) from
Whitten Drive to Santa Barbara Boulevard, in Fiscal Year 2017/2018, said Project being known as
FM #433173-2-58-01, hereinafter referred to as the"Project"; and
WHEREAS, the Project is on the State Highway System, is not revenue producing and is
contained in the adopted Five Year Work Program; and
WHEREAS,the implementation of the Project is in the interests of both the DEPARTMENT
and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for
the LOCAL GOVERNMENT to perform the services to complete the Project.
WHEREAS, the intent of this Agreement is to establish the terms and conditions of the
funding and the production of this Project; and
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. TERM
A. The term of this Agreement shall begin upon the date of signature of the last party to
sign. The LOCAL GOVERNMENT agrees to complete the Project by December 31, 2018, in
accordance with the schedule described and contained in Exhibit"C" attached hereto. If the LOCAL
GOVERNMENT does not complete the Project within the time period allotted, this Agreement will
expire on the last day of the scheduled completion, as provided in this paragraph unless an extension
of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the
DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be
considered termination of the Project. After the Project is complete, the term of this Agreement shall
continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the
LOCAL GOVERNMENT.
2. SERVICES AND PERFORMANCES
A. The LOCAL GOVERNMENT shall furnish the construction and construction
engineering inspections services (CEI) of the Project. The Project consist of: The construction and
construction engineering inspection services (CEI) of landscaping of SR 84 (Davis Boulevard) from
Whitten Drive to Santa Barbara Boulevard, and otherwise, the LOCAL GOVERNMENT shall
perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of
Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed
as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of
services of the Project.
B. The LOCAL GOVERNMENT shall provide the quantifiable, measurable and
verifiable units of deliverables as specified in Exhibit "A" and the design plans when approved by
the DEPARTMENT. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion.
C. The LOCAL GOVERNMENT agrees to undertake the construction and CEI of the
Project in accordance with county standards. Greenbook and all applicable federal, state and local
statutes, rules and regulations.
D. E- VERIFY - Vendors/Contractors shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by the
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Vendor/Contractor during the term of the contract. Vendors/Contractors shall expressly require any
subcontractors performing work or providing services pursuant to the state contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract term.
E. This Agreement shall act to supersede the normal requirements of the LOCAL
GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection, right of
way utilization, storm-water discharge and utilities,and this Agreement is deemed to constitute such
perm its.
F. The LOCAL GOVERNMENT shall be responsible for obtaining clearances/permits
required for the construction of the Project from the appropriate permitting authorities.
G. The LOCAL GOVERNMENT understands that they are responsible, for the
preparation of all design plans for the Project suitable for reproduction on 11 inch by 17 inch sheets,
together with a complete set of specifications covering all construction requirements for the Project.
The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the
DEPARTMENT. After approval of the plans and prior to commencing the work described herein,
the LOCAL GOVERNMENT shall receive a Notice to Proceed from the DEPARTMENT'S
Project Manager,Jim Martin or from an appointed designee. Any work performed prior to the
issuance of the Notice to Proceed is not subject to reimbursement.
H. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the Project.
I.The DEPARTMENT shall have the right, but not the obligation, to perform
independent testing from time to time during the course of construction of the Project. The CEI
services provider shall not be the same firm as the Engineer of Record.
J. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18(1), Florida Statutes.
K. The LOCAL GOVERNMENT shall be responsible to ensure that the construction
work under this Agreement is performed in accordance with the approved construction documents,
and that it will meet all applicable standards and that the work is performed in accord with the
Terms and Conditions contained in Exhibit"D".
L. The DEPARTMENT will be entitled at all times to be advised, at its request, as to
the status of work being done by the LOCAL GOVERNMENT and of details thereof.
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Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the
DEPARTMENT.
M. Upon completion of the work authorized by this Agreement, the LOCAL
GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design
work that originally required certification by a Professional Engineer, this notification shall contain
an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit
E". The certification shall state that work has been completed in compliance with the Project
construction plans and specifications. If any deviations are found from the approved plans, the
certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation.
3. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is$200,000 (TWO HUNDRED
THOUSAND DOLLARS). This amount is based on the Schedule of Funding, Exhibit"B"attached
hereto.
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the
LOCAL GOVERNMENT in an amount not to exceed $200,000 (TWO HUNDRED THOUSAND
DOLLARS) for PROJECT construction and construction engineering inspection services (CEI). The
funding for this Project is contingent upon annual appropriation by the Florida Legislature. The
LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's
participation. Travel costs will not be reimbursed.
i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation
required by the DEPARTMENT for approval and processing. Payment shall be made only after
receipt and approval of goods and services unless advance payments are authorized by the
Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial
Services under Section 215.422(14), F.S.
ii) Invoices must be based on quantifiable, measurable and verifiable units of
deliverables as specified in Paragraph 2.A. and in Exhibit "A", Scope of Services. Supporting
documentation must establish that the deliverables were received and accepted in writing by the
LOCAL GOVERNMENT and must also establish that the required minimum level of service to be
performed as specified in Paragraph 2.B. was met, and that the criteria for evaluating successful
completion as specified in Paragraph 2.M. was met.
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iii) Reimbursement for fees or other compensation for services or expenses incurred
shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and
post-audit thereof,based on the quantifiable,measurable and verifiable deliverables as established in
Paragraph 2.A. and Exhibit"A", Scope of Services and said request for reimbursement/invoice must
be completed and accepted in writing by the DEPARTMENT's Project Manager or designee prior
to reimbursement.
iv) The final balance due under this Agreement will be reimbursed upon the completion
of all Project services, receipt of final construction cost documentation and proper submission of a
detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction
of the DEPARTMENT in writing.
v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported
by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature
and propriety of the charges.
C. The DEPARTMENT shall have the right to retain out of any payment due the
LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due
and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement
between the LOCAL GOVERNMENT and the DEPARTMENT.
D. The LOCAL GOVERNMENT which is providing goods and services to the
DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the
DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. If a payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest
penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT
requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of
LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for Contractors/vendors who
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may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services
at 1-877-693-5236.
E. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period of this
Agreement, and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include
the LOCAL GOVERNMENT'S general accounting records and the Project records, together with
supporting documents and records, of the contractor and all subcontractors performing work on the
Project, and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be
resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT.
F. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE
THOUSAND DOLLARS AND NO/100) and a term for a period of more than one year, the
provisions of Section 339.1 35(6) (a), Florida Statutes, are hereby incorporated as follows:
The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The DEPARTMENT
shall require a statement from the Comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT
which are for an amount in excess of$25,000.00 and which have a term for a period
of more than one(1)year."
G. The DEPARTMENT'S performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the
event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be
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terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL
GOVERNMENT to that effect.
H. Audits: The administration of resources awarded by the Department to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the Department, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the
LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT
determines that a limited scope audit of the recipient is appropriate, the LOCAL GOVERNMENT
agrees to comply with any additional instructions provided by the DEPARTMENT staff to the
LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by
the DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer
CFO)or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the
following criteria:
1. In the event that the LOCAL GOVERNMENT expends $500,000 or more in
Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or
program-specific audit conducted in accordance with the provisions of OMB Circular A-
133, as revised. If applicable, Exhibit "F" to this Agreement indicates Federal resources
awarded through the DEPARTMENT by this Agreement. In determining the Federal awards
expended in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of
Federal awards, including Federal resources received from the DEPARTMENT. The
0
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determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of the LOCAL
GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I. paragraph 1,
the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions of OMB
Circular A-133. as revised, is not required. However, if the LOCAL GOVERNMENT elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such
an audit must be paid from LOCAL GOVERNMENT resources obtained from other than
Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the awarding
federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida
Statutes)are to have audits done annually using the following criteria:
1. In the event that the LOCAL GOVERNMENT expends a total amount of
state financial assistance equal to or in excess of$500,000 in any fiscal year, the LOCAL
GOVERNMENT must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If applicable,
Exhibit "F" to this Agreement indicates state financial assistance awarded through the
DEPARTMENT by this Agreement. In determining the state financial assistance expended
in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of state financial
assistance, including state financial assistance received from the DEPARTMENT, other state
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agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1,
the LOCAL GOVERNMENT shall ensure that the audit complies with the requirements of
Section 215.97(7), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
3. If the LOCAL GOVERNMENT expends less than $500,000 in state financial
assistance in its fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. However, if the LOCAL GOVERNMENT elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e.,the cost
of such an audit must be paid from the LOCAL GOVERNMENT resources obtained from
other than State entities).
4. State awards are to be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the state agency
awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The LOCAL GOVERNMENT shall follow up and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including corrective action
and current status of the audit findings is required. Current year audit findings require
corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to Project records and audit work
papers shall be given to the DEPARTMENT, the Department of Financial Services, and the
Auditor General. This section does not limit the authority of the DEPARTMENT to conduct
or arrange for the conduct of additional audits or evaluations of state financial assistance or
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limit the authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by PART I of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
recipient directly to the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit*lot.state.f1.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d) (1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections
320 (e)and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by
PART I of this Agreement and conducted in accordance with OMB Circular A-133, as
revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to
Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required
written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to the following:
Florida Department of Transportation
0
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Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee. Florida 32399-0405
Email: FDOTSingleAuditndot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c), OMB
Circular A-133. as revised, and any management letters issued by the auditor, to the
DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit(ddot.state.fl.us
3. Copies of financial reporting packages required by PART II of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to
each of the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit(,dot.state.17.us
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401. Pepper Building
11 I West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
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Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAuditladot.state.t7.us
5. Any reports, management letters, or other information required to be
submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the
DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters
10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of at least five (5) years from the date the audit
report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor
General access to such records upon request. The LOCAL GOVERNMENT shall ensure
that audit working papers are made available to the DEPARTMENT, or its designee, CFO,
or Auditor General upon request for a period of at least five (5) years from the date the audit
report is issued, unless extended in writing by the DEPARTMENT.
4. COMPLIANCE WITH LAWS
A. The LOCAL GOVERNMENT shall allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the
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LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT
shall not discriminate on the grounds of race, color, religion, sex or national origin in the
performance of work under this Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a
result of this Contract.
5. TERMINATION AND DEFAULT
A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL
GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The
DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an
assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL
GOVERNMENT upon sixty(60)days written notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the LOCAL
GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of(a) immediately
terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will
be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the
DEPARTMENT.
C. if the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the
LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination
or specify the stage of work at which the Agreement is to be terminated.
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D. If the Agreement is terminated before performance is completed, the LOCAL
GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment. however, may not exceed an amount which is the same percentage of
the contract price as the amount of work satisfactorily completed is a percentage of the total work
called for by this Agreement. All work in progress will become the property of the DEPARTMENT
and will be turned over promptly by the LOCAL GOVERNMENT.
6. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party other
than the LOCAL GOVERNMENT.
C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL
GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of
covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the
making of such payment by the DEPARTMENT while any such breach or default shall exist shall in
no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to
such breach or default.
D. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
E. All tracings, plans specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property
of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their
use.
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F. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any
other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable
and the remainder of this Agreement shall remain in full force and effect, provided that the
invalidated or unenforceable provision is not material to the intended operation of this Agreement.
G. This Agreement shall be effective upon execution by both parties and shall continue
in effect and be binding on the parties until the Project is completed, any subsequent litigation is
complete and terminated, final costs are known, and legislatively appropriated reimbursements, if
approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or
terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the
best interest of the public. However, the LOCAL GOVERNMENT'S obligation to maintain the
PROJECT after completion shall survive the term of this Agreement.
H. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION
STATEMENT: 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, may not submit a bid on a contract with 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, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with 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, and may not transact business with any public entity.
1.All notices required pursuant to the terms hereof shall be sent by First Class United
States Mail. Unless prior written notification of an alternate address for notices is sent, all notices
shall be sent to the following addresses:
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Florida Department of Transportation Collier County
Jim Martin, CPM, FCCM Pamela Lulich,PLA, ASLA
Local Programs Coordinator Landscape Operations Manager
801 North Broadway Avenue, MS 1-12 2885 South Horseshoe Drive
Bartow, FL 33830 Naples, FL 34104
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IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF
TRANSPORTATION has caused this Agreement to be executed in its behalf through its District
Secretary or authorized Designee: This Agreement shall become effective on:
January 31 E0 le
Department to enter date
COLLIER COUNTY,FLORIDA
ATT
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K SEAL)Ve,en.... "TaAttestast®:Ch Irman s 1m c.. r,,,.,
signature 0 y.
BOARD OFra TY COMMISSIONERS
t2\v2\k1
DATE PRINT NAME DATE
Apprdvved asform and Icgality
17.li 104'44?
3 -ki A_ S4-0 AA-, ssistantCounty Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
YTTEST_
11aU4ii
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EXECUTIVE ECREI'ARY SEAL) DIST'ICT SECR ARY OR DESIGNEE
DISTR CT ONE
I/t4 n P kCar l a I 0I v kc oi)01.17-Dir
INT NAME DA E PRINT NAME DATE
AVAILABILITY OF FUNDS APPROVAL: DEPARTMENT LEGAL REVIEW: '' i
BY:
7
Op? fZ r 5'
DrATE ALI,DATEAPPROVEDASTORMANDLG
DON CONWAY, SENIOR ATTORNEY FDOT
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EXHIBIT"A"
SCOPE OF SERVICES
The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier
County in connection with the construction of landscape enhancements on SR 84 (Davis
Boulevard) from Whitten Drive to Santa Barbara Boulevard. The project will include clearing,
grubbing, grading, erosion control and restoration necessary for the installation of the landscape
enhancements and associated irrigation system. The general objective is for Collier County to
provide contract administration, management services, construction engineering inspection
services and quality acceptance reviews of all work associated with the construction of the
associated improvements. The services performed shall be in accordance with all applicable
Florida Department of Transportation manuals, guidelines and specifications.
Deliverables included in the Scope of Services are as follows:
1. Installation of 2 Delonix regia(7" cal.,>60"dia. root ball)
2. Installation of 3 Jacaranda mimosifolia(7"cal.,>60"dia. root ball)
3. Installation of 9 Quercus virginiana(4" cal.,>36" dia. root ball)
4. Installation of 7 Tabebuia impetiginosa(>5"cal.,>44"dia. root ball)
5. Installation of 10 Tabebuia chrysotricha(>5" cal.,>44"dia.root ball)
6. Installation of 3 Lagerstroemia'Muskogee'(2" cal., multi-trunk(4 min.),> 50" dia. root
ball)
7. Installation of 31 Roystonia elata(> 18"cal.,>5 leaflets)
8. Installation of 7 Sabal palmetto(18'c.w. ht.)
9. Installation of 4 Sabal palmetto(12'c.w.ht.)
10. Installation of 4 Sabal palmetto(8'c.w. ht.)
11. Installation of 26 Veitchia montgomeryana (>_4" cal.,>_5 leaflets)
12. Installation of 34 Serenoa repens 'Cinerea'(3 gal. 14"ht./spr., 6'o.c.)
13. Installation of 327 Bougainvillea spp. 'Ms Alice'(3 gal., 14" ht./spr., 4'o.c.)
14. Installation of 430 Bougainvillea spp. 'Silhouette' (3 gal., 14" ht./spr.,4'o.c.)
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15. Installation of 310 Hamelia patens'Compacta'(3 gal., 16"ht./spr.. 4' o.c.)
16. Installation of 549 Dietes bicolor(1 gal., 18" ht./spr.,4'o.c.)
17. Installation of 4591 Arachis glabrata'Ecoturf (1 gal.,4" ht.,6"spr., 18"o.c.)
18. Installation of approximately 5922 square yard of Stenotaphrum secundatum 'Floratam'
19. Installation of approximately 4219 two cu. ft. bags of Mulch -Transportation Blend
Colored Grade A)
20. Replacement of all dead plant material during the 12 month establishment period
21. Installation of approximately 3,300 linear foot irrigation system with all appropriate
fittings and appurtenances.
22. Installation of new irrigation water source pump station(10 HP pump package).
23. Construction of approximately 160 linear feet of 3"directional bore to accommodate the
irrigation system.
24. Provide adequate temporary and permanent erosion control
25. Maintain traffic on SR 84(Davis Boulevard)during construction.
26. Provide, upon completion of construction, Final As-built Construction Plans, signed and
sealed by a Professional Engineer or Landscape Architect,registered in the State of Florida,
as appropriate.
27. Provide Construction Engineering and Inspection (CEI) and Quality Assurance
Engineering.
28. Coordinate construction activities with other construction projects that are impacted by or
impact this project. This includes projects under the jurisdiction of local governments or
other regional and state agencies.
II
1
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EXHIBIT"B"
ESTIMATED SCHEDULE OF FUNDING
By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the
DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed
200,000 (TWO HUNDRED THOUSAND DOLLARS AND NO/100) actual costs incurred on
these Projects,excluding LOCAL GOVERNMENT overhead.
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EXHIBIT "C"
PROJECT PRODUCTION SCHEDULE
Design completion by: Prior to the issuance of a Construction Notice to Proceed.
Construction and CEI Advertisement: Within 30 Days of Notice to Proceed.
Construction and CE1 Letting: Within 60 Days of Notice to Proceed
Construction and CEI completion and Final Invoice: December 31,2018.
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EXHIBIT "D"
TERMS & CONDITIONS OF CONSTRUCTION
1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth
herein, to perform all activities necessary for the construction of the Project (as described more
fully in Exhibit "A"). The Project shall be constructed in accordance with construction plans and
specifications to be approved by the DEPARTMENT and consistent with the requirements of the
DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should
any significant(as defined by §4-3 of Standard Specifications for Road and Bridge Construction,
2010, and as amended from time to time) changes to the plans be required during construction of
the Project. the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the
changes and receive approval from the DEPARTMENT prior to the changes being constructed.
The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits.
The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times
during construction of the Project. All payment and performance bonds shall name the
DEPARTMENT as an additional obligee. All warranties on any product or material used in
construction of said Project shall be in favor of the DEPARTMENT. The LOCAL
GOVERNMENT shall assure that the Engineer of Record performs all necessary post-design
services that may be required.
2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all
existing utilities, both aerial and underground and that all utility locations shall be represented on
the construction plans. All utility conflicts shall be fully resolved directly with the applicable
utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation
for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on
behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure
that utility work schedules arc obtained for the Project.
3. The work performed pursuant to this Agreement may require authorization under
the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges
from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National
Pollutant Discharge Elimination System Permit and all other necessary permits for construction of
the Project. When applicable, such permits will be processed in the name of the DEPARTMENT;
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however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions
of such permit in construction of the subject facilities.
4. It is expressly agreed by the parties that this Agreement creates a permissive use
only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL
GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or LOCAL
GOVERNMENT land shall operate to create or vest any property right in the LOCAL
GOVERNMENT and/or the DEPARTMENT except as otherwise provided in separate
agreements.
5. The DEPARTMENT shall appoint and authorize a single individual to serve as the
DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of
LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT
shall provide a current construction schedule to the DEPARTMENT'S representative and shall
notify the representative at least 48 hours in advance of starting proposed work and again
immediately upon completion of work.
6. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the Project.
7. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18, Florida Statutes.
8. The LOCAL GOVERNMENT shall not modify the intent of the design plans or
the maintenance of traffic concept without appropriate submission by the Engineer of Record (the
Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an
emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and
notify the DEPARTMENT and the Engineer of Record after the modifications.
9. The DEPARTMENT may request and shall be granted a conference with the
LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL
GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT
determines to be inconsistent with the approved design plans and specifications. The LOCAL
GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports
at such intervals as are reasonable, based on the corrective action undertaken, and the
DEPARTMENT may, but is not obligated to, review independently the progress of the corrective
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action. Provided however, if the DEPARTMENT determines a condition exists which threatens
the public's safety,the DEPARTMENT may,at its discretion, issue an immediate stop work order.
10. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the
maintenance of traffic and construction operation during the course of the Project so that the safe
and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is
further obligated to make such changes to the maintenance of traffic plans as may be necessary.
During construction, the LOCAL GOVERNMENT shall take measures, including the placing and
display of safety devices that are necessary in order to safely conduct the public through the Project
area in accordance with the latest and current version of the Federal Highway Administration
Manual on Uniform Traffic Control Devices for Streets and Highways,and the DEPARTMENTS
2010 Standard Specifications for Road and Bridge construction and the DEPARTMENTS 2010
Roadway and Traffic Design Standards, and as those sources may be amended from time to time.
The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor
or its'CEI for the construction of the Project.
I I. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project
schedule that includes, at a minimum, the date the Project will be advertised for bid, the hid
opening date, the award date and the date of the preconstruction conference.Page 3 of 3
12. It is understood and agreed that the rights and privileges herein set out are granted
only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon
and used by the LOCAL GOVERNMENT.Any additional right or privilege required to undertake
and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT.
13. Upon completion of the work in accord with the Plans, the LOCAL
GOVERNMENT shall furnish a set of"as-built" plans certified by the Engineer of Record/CEI
that the necessary improvements have been completed in accordance with the Plans as the same
may be modified in accord with the terms of this Agreement. This certification shall include a
statement that necessary inspections, tests, and physical measurements have been made, and that
all materials entering into the work conform to the Plans, conform to the applicable specifications
contained in the Standard Specifications for Road and Bridge Construction. 2010 edition as
amended..or otherwise conform to or meet generally accepted professional practices.Additionally,
the LOCAL GOVERNMENT shall assure that all post construction survey monumentation
required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT
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in a manner acceptable to the DEPARTMENT. Upon acceptance of right-of-way documents,then
the Project shall be deemed accepted by the DEPARTMENT.
14. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or
anyone within the DEPARTMENT right of way,the LOCAL GOVERNMENT shall immediately
cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the
appropriate agencies and notify the LOCAL GOVERNMENT of any required action related
thereto.
15. It is acknowledged by the parties that construction plans and specifications are still
being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of
the Project will not commence until the DEPARTMENT has approved the construction plans and
specifications as provided for in Paragraph 1 and all required right-of-way has been properly
obtained and certified (if applicable)as such by the DEPARTMENT's Right of Way Manager.
16. If applicable,the LOCAL GOVERNMENT shall assure that load ratings are submitted on any
vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review.
Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets
the Florida legal loads standard is complete.
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EXHIBIT "E"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
COLLIER COUNTY
PROJECT DESCRIPTION: Landscape Improvements of SR 84(Davis Boulevard)
from Whitten Drive to Santa Barbara Boulevard
FINANCIAL MANAGEMENT ID#433173-2-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby provides notification that the work authorized by this Agreement is
complete as of 20
By:
Name:
Title:
CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby certifies that all work which originally required certification by a
Landscape Architect has been completed in compliance with the Project construction plans and
specifications. If any deviations have been made from the approved plans, a list of all deviations,
along with an explanation that justifies the reason to accept each deviation,will be attached to this
Certification.Also,with submittal of this certification,the LOCAL GOVERNMENT shall furnish
the DEPARTMENT a set of"as-built"plans certified by the Engineer of Record/CE!.
By: A.S.L.A.
SEAL Name:
Date
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EXHIBIT"F"
AGENCY RESOLUTION
0
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RESOLUTION NO.2017_ 22 4
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS
CHAIRMAN TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH
j THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORCONSTRUCTIONANDCONSTRUCTIONENGINEERINGANDINSPECTIONOFSR84 (DAVIS BOULEVARD) FROM WHITTEN
DRIVE TO SANTA BARBARA BOULEVARD(FM #433173-2-58-01).
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enterintoaJointParticipationAgreement (the "Agreement") with Collier County, wherein FDOT will
reimburse Collier County up to the sum of$200,000 for Construction and Construction EngineeringandInspectionofSR84 (Davis Boulevard) from Whitten Drive to Santa Barbara Boulevard. as furtherdescribedintheattachedAgreement(FM #433173-2-58-011; and
WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the
public interest and benefits the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA.that:
I. The Board of County Commissioners approves and authorizes its Chairman to sign the I
Agreement pertaining to FM #433173-2-58-01 .
2. The Collier County Clerk is directed to forward two certified copies of this Resolution
along with the Agreement for execution by FDOT,
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same.this M4\day of ccx4-.201 7.
ATTEST; r 1'r-,-
BOARD OF COUNTY COMMISSIONERSDWICIItI }3ROC K.Clerk OF COLLIE' COUNTY, FLORIDA
0 5j18V:lit -' ' - '' '''flp$ ,as;' • - t lerk PENNY T OR, airman
signature 0111Y._ State of FlorioaApprovedastoformandlegalityCountyofCOLLIER
slif I HEREBY CERTIFY THAT this is a true andScottA
oner.,
fa lob., / correct copy of a document ori fide.inAssistantCountyAttorney1'7 Board fvlinutes and F? ccrds ofCoilier CountyVv1Tr-5S my hand and e`ficiai seal f"(s
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Packet Pg. 573 Attachment: JPA Item 16A20- Recorded JPA_12.12.17 (5423 : ITB No. 18-7303 “Davis Boulevard (SR 84) Whitten Drive to Santa Barbara
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Hannula Landscaping and Irrigation, Inc. ("Contractor") of 7050
Pennsylvania Street, Fort Myers, Florida 33912, a corporation, authorized to do business in
the State of Florida, to perform all work ("Work") in connection with Davis Boulevard SR 84
(Whitten Drive to Santa Barbara Blvd) Landscape and Irrigation Project, Invitation to Bid
No. 18-7303 ("Project"), as said Work is set forth in the Pians and Specifications prepared by
McGee & Associates, 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 ail 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; Four Hundred Forty -Four Thousand Seven Hundred Thirty -One Dollars and
Ninety -Two Cents ($444,731.92).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be
paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner; provided,
however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www.fms.treas.clov/c570/c570. html#certified. Should the Contract Amount be less than
&1
Construction Servioss Agreement Revised 022018
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of
the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance,
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor, Contractor shall achieve Substantial
Completion within one hundred and fifty (150) 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 definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one
thousand five hundred eight -four dollars ($1,584.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner shall also
be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as
a result of Contractor failing to timely achieve Final completion, The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or f=inally 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
2
Construcllon Services Agreement Revised 022018
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 whetherthe Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto
and made a part of this Agreement for Solicitation 18 -7303 -Davis Boulevard SR84
(Whitten Drive to Santa Barbara Blvd) Landscape and Irrigation Project.
Exhibit A-1:
Contractor's Bid Schedule
Exhibit A-2:
Contractor's Bid Submittal Forms and Addendums
Exhibit A-3:
Contractor's List of Key Personnel
Exhibit B-1:
Payment Bond Forms
Exhibit B-2:
Performance Bond Forms
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
3
Construction Services Agreement: Revised 022018
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a
part of this Agreement for Solicitation 18 -7303 -Davis Boulevard SR 84 (Whitten Drive to
Santa Barbara Blvd) Landscape and Irrigation Project. The complete contract documents,
including Addendum with attachments, are available on the County's on-line bidding system:
Imps:l/www.bidsyno.Qom_/bidsyne-cas/, which the parties agree comprise the final integrated
agreement executed by the parties.
Sections corresponding to any checked box (®) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding system.
®Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by McGee & Associates
and identified as follows: 18 -7303 -Plans
as shown on Plan Sheets 1 through 46.
Section 7. Notices
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:
Collier County Board of County Commissioners, FL
c/o Road Maintenance Division
4800 Davis Boulevard
Naples, Florida 34104
Attn: Pamela Lulich, Manager -Landscape Operations
Phone: 239-252-6291
Email: Pamela. Lulichacolliercount fy I.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Han nula landscaping and Irrigation, Inc.
7050 Pennsylvania Street
Fort Myers, Florida 33912
Attention: Dale F. Hannula, President
Phone: 239-437-9666
Email: Ohannula[ )hannulalandscaping.com
4
Construction Services Agreement: Revised 022018
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it,
Section 10. Successors andAssicins.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the porkies to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Aareement.
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.
5
Construction Services Ag(eemenl: Revised 02201 S
Section 15. Change Order Authorization,
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section U. 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 he applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
8 (a�
Construction Services Agreement: Revised 022018
IN WITNESS WHEREOF the parties have executed this Agreement on the date(s)
indicated below.
Date:
ATTEST:
Dwight E. Brock„ Clerk
BY: --
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
Hannula dscaping and Irrigation, Inc.
By: / rr
7nGt F 1vrvLh Ln -J4--- fir-,il 2-0. X19
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY:
Andy Solis Date
Chairman
1
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Canstrucllon Services Agreement- Revised 022018
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE
Conslru6on Services Agreemenl: Revised 022018
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EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
9
Construction Services Agreement: Revised 022018
Director, Procurement Services Division
BDIIIa;3PONSl FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Davis Boulevard(SR 84) (Whitten Drive to Santa Barbara Boulevard) Landscape and Irrigation Installation
Project
BID NO. 18-7303
Full Name of Bidder Hannula L.anclscapil�g_And_ irri&,ation
Main Business Address 705Q_f'enns IY vania %rpet_Fort RRyers,
place of Business___._.._._..__.___ lee Couri . Ffa'lceciciia.---__. __._.--.----- _____......._.._.w..V............ ............... ..... ...... ............
_._.__._......_
Telephone No. _ 239-431-9666 _ �.-.__..._._Fax No., 239_.437_,91165
State Contractor's License #____ Nl�k,_FDOT Certification Of ualifrc tion �` _
State of Florida Certificate of Authority Document Number P92000010592
Federal Tax Identification Number 65-0375795
DUNS # 92272420 CCR# Cafe Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those
named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has
carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract
Documents and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where further decimal
points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services
Division staff.
H
MA` IPWALMANt1FACTITRERS
THIS FORM MIDST 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, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company. Hannula Landscanina And Irrigation. Inc
Si ature o."` Data; March S, 2018
w
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MKI'I RIAL EXCEPTION MANUFACTURER
1,
2.
3.
4.
5.
Please insert additional pages as necessary.
4_ ol"apany°
Date
LIST Ol+ 1 &IoR SUBCONTRAt TORS
THIS LIST MUST HE 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 [aid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the mujor categories listed
herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compliant or tion -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. (Attavh additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly atter the Award of Contract, and in
accordance witb the requirements of the Contract Documents, the Successful Bidder shall identify all. Subcontractors
it intends to use on the Project, 7'lro undersigned further agrees that all Subcontractors subsequently identified for any
portion ofwork on this Project must be qualified as noted above,
Mglor Category of Work Subcontractor and Address
Electrical Brittiaoa Electric, Inc. 6361 Metro Plantation Rd. Ft. Myers. Fl.
33966
2. Mechauieml
3. Plumbing
4. Site Work _
5, Identify other subcontractors Directional Boring: CABCO Corp Y.O. Box 60532 HY. Myers, T'I.
that rcpresem more than 10% 33905 Pavers, Paver Pro. 9778 Connecticut St. 130nitt+ Springs,
of price or that affca the Fl. 34135
critical path of the schedule
Company 'i A� i a c. �—---¢�--- .
Signature, �.
Date March 5, 2018
STATEMENT OF EXYCa)4i.1ENCE OF JUIDDER
The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a
judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly
as required undor the terms of the Agreement.
graect and ocKso� Referenor, (include_ hoi a email Addrqs�
Gulf Shore Blvd. Median Restoration, Naples, City Of Naples, Heather Shields 239-213.7136
Florida
2. RSW Airport Terminal Access Road
Widening, Fort Myers, Florida
Gilchrist Ave. Boca Grande, Florida
4. Ben C. Pratt Six Mile Cypress Landscape dt
Irrigation Project, Fort Myers, Florida
5R 451 Collier Blvd, Median Landscape
Naples, Florida
g, City Of Fort Myers. McGregor Blvd. fort
Myers, Florida
company H n t a n lir tan In
Signature.
Wright Construction Group Neil Mankman
239-181-5000
Lue County DOT Bob DcBrock 239.533-9425
s,oc +rvuu$,y "W , a,vu .s. �...,... ,
Collier County Growth Mgt. Rd. Maint. Div.
Pamela Lulich 234-252-6924
J.D. Schuetz 239-3217594
Drtw March 5, 20 IS
rr TRENCH SAi ETY ACS' � — .--
Bidder acknowledtes that included in the various items of the bid and in the Total Hid Price are costs for complying with the Florida
Trench Safety Act (90-96, haws of Florida) effective October 1, 1990. Tho Bidder further identifies tate cast to be summarized below:
Trench Safety Units of Unit Unit 1.:xtended Cos
Measure Measure ti Cost
I)as ri t'o (LES
PVC Main Line L.F. 3300 1.OS 3465.00
TOTAL50
l:ailtira to complete the above may result in the Bid being declated non-responsive.
Company.
$ipatum,
Date March 5. 2018
0
a
Bond No.: NIA
KNOW ALL M_EN )3y T#iESE J PES]kIQ'l'S, that m liannula I.andsca lr Ing and Irrigaticni, Ine.
_ (lterein ailor called tha Principal) amd
11eveln Marx Sureiy Lind CndcmnL ornuany , (lletafu Bailed the surety), a corporation obarterW and
cxiating under the laws of Rha Surto of (,Awith its principal offices in the cily of
Irvine, CA _ and autiitrrimd to do baainw in ilia Strata of Florida ._- _ _ arc held and
firmly bound unto 11ae.Call ier.CotiptyBo�fd,af CWu y,C2tnmissEorl4rs_„•",-- (ltvreivaffar called the Owner),
in the f1t11 turd just sum ofiXc P gent ofmaurnV.l�in � .-�-----;---_ ------ dollars {$_5°me
good and IAwAd sxtoucy of the United Status of America, to be pard upon dwnmd of the Owner, to whieoh payment
well and #u1y to be ttlttdts, the l'tn dpol find [he Surety bind thenrselvm, duix keine, and mmutrrrs,, adtainiatralors,
and assigns, jointly and severally And &rely by these prosents.
Whetetts, the Principal is about to submit, or has submitted to the Owner, a Bid fit fi m ail labor, materfala,
equipment and incidentals nec3estlary to furnish, install, and fully' complcto the Work 00 the Fraject known as Aid
No. 18-7303 DaVis Bonlevard(SR 84) (Whitten Drive to Sasha Barbara Boulevard) Landscape and Irrigation
Instatlution Project.
NOW, I`I.1IM E1FORE, if the Owner shad tit the Bid of the FRINC EPAL and the PRINC WAL shall enter bits the
mqukW Agnncment with the Owner and witlriri ten days after the date of a written Notice of Award in accotdanm with
the tetras of sank Bid, and give woh bond or bonds In an amount of 1000/9 the total Contmt Amount as specified in the
Bidding Documanis or Coutravt Documents wiilt gaud and ssd&int sorely for tate Faithful perfmnanYce of the
Agmeinimt and for Ilta prompt lraymem of tabor, nwt=ialas uad supplies Furnished to the prwacution th xeof or, in ilia
event of thn Nlore of the PRlNCRAL to enter into Lich Agm m i or to give xueb baud or bonds, and deliver to
Owner tho required certificates of fi m row, if !bra PRINCIPAL sttaall pay to the 0811 ER the fixed sum of
S 5% I 'd`l .oJ a, anted above us liquidated datnagoo, and not as a panalty, as provided in tate Bidding Docwnetalra,
than t> tF alaiigation shall bo null pad void. otherwise+ to =main io full fore and effort
IN TESTIMONY 'I'ltmwe flu; Frincipnl and Suroty have caused these prc=ds to be duly signed W sealed this
_Z8)h , clay of Iachruary , 201$.
Hannula Lan4sgs v,and Irrigation Inc. Principal
BY _ _'- (SOW)
Ny.0 erg.S Surety
- (sew)
David X Shit , Attorney-in•Pact and Liconsod FL k6ident Agent ffA241176
Conw,ralgovd q
Lacrxl Rc,ItEcrtt Irroc'ncilLrr Ilii .St tUr Developers Surety and Indemnit Coin an �,-��
IRV
Bond No.. N/A
"()IV ALL Iv Err BY 'l'tieSE l'RI3 L --WS, that we: Hannula Landsnapingand Irrigation, lnc.
_ (ltdrein aper called W Principe!) and
Developers Surety And Indcmnitr Company —_ y (hatain called the Sway), it corporation chartened and
existing under the laws of ]ha Stato of A— __ with its Tuincipal nfc" in the cfty of
Irvine, CAand autlto ized to do bushtms its the State ofFlorida om held mud
AirxWy bound unto Ilia Collier gUft1yBog } of ounly_Cg2tnmmissioners -- (herchuder called 11w Owner),
it Ate M and just Num U ive PEcJi! S S Id_ in iJ,S,_--� --_ ;.�r_,,.. . dollars (S 5%
good and lavwfid money of the United States of Amuerica, to be paid Upon dotpertd of the Owncr, to which payment
well and duty to be made, the Principal and the Surely bind themwlvea, t)teir heirs, and cxwutm. , vkniniatratorn,
and assigns, jointly grid snvarally and rumly by these presents.
Whereas, the Principal is about to submit, or hae eubnnitted to the Owner, a }aid for Airaishing all labor, materinls,
t quipmcnt and iticidmois neamsiary to firt:ttish, install, and My compictu the Waris on Ota Prgjact known as Aid
No. I9-7303 DAYls Banlcvnrd(SR 84) (Whitten Drive to Santa Harbarsa 1Dnttfevard) Landwspe and Irrigation
lu stallatioxr project.
NOW, TUERE ORE, if the Ow= shall accnli the Did of the VMCiPAL ind the PRINCIPAL sW enkw into the
required Agreement with tic Owner and wifim text daya after the date of a written ]Notion of Award is acemdanco with
iha tar= Df amh Bid, and give such band or bonds in on amount of IOD'/'@ the wml COMM Mocunt us gmifed in dw
ElWding Zioaturtcats or Contract Docun ants with gond turd sufd`icivat surety for tate @lustful pCzrk'nrna O of tXta
Agreement aW for the prompt paymc m of labor, rnatcaials wd supplies Pornlahed in the promotion tlrfficvf oar, in die
event of the b0m of the f'R.1TlCCIFAL to enter into such Agreement or to give mxb board or hands, and deliver to
Owner the required cardficatess of ir~stnwxo, if the PRINCIPAL shall pay to ft OBIJGEE the liutod mm of
S 5% 415VtWAk, r,otod nbove as liquidated dm=gea, anti tot as a pe alty, w provided in the'SjddWg Docummm,
&u [Wo ubligaticrs Ahall ba ntt11 and void, otherwise to Mmain in full sienna and effect.
TN TFSTIMONY Thereat; dv. Principal acid Surety havo aausccl these preMIN to be duly aigaed and scaled tWa
?,8Ih , day of,Februpry _ 18.
Hannula L seging.artd lrrigatipn Inc. prinoipol
BY - -t+'_ -- (ScEd)
i7���l��r�_ PAttorncy-in-Faot
Spry
(Sew)
David $;Shiand Licensed FL resident Agent #A$41176
£�(1&lrlt"fFlgt«c� ��--r- ---- ..�,�..-•-----------__�._._- — - - •-......,-_ _- _ _ --T--= -- - - �.
11oCgt Rt ;lcicnt krtorGciu. +tv tt fbr Developers Sur ty -and fndemnity CompanyT—
POWER OF ArMRNEY FOR
DEV131_OISERS SURETYAND INDEMNITY COMPANY
PO Flax 19726, IRVINE, CA 92623 (049) 263-3300
KNOWALL DY THESE PRESENTS thel except g& axpressfy hotHt:d, DVELOPERS SURETY AND INDEMNITY COMPANY, dons haroby make, conslitute and eppcK
•"•Davld B. Shlok"•`
as Its Inuit and lawful Aftamoy(s)an-rad, to make, oxocute, deliver and acknaviedge, far and on behalf of aald corperabon, as surety, bonds, undertakings and contracts of surelyshlp
gluing and gwiling unto; said Atlomoy(e)-1n-Foal full power and authority ado and to perform every act necessary, requisite or proper to be done In eannedlon therewith as each of said
corporation could do, but rosowing to each of said cwporali❑n full pmw of suhstfution and favoratlon, and nil of the acts of aald Alwey(s)-In-Fact, pursuant tothwo presonts, are
h4raby ralifred and oonfvmod.
This Power of Attorney Is granted and Is signed by raaslmlle undor and by auWarity of the following resolution adoplod by the Board of Directors of DEVELOPERS SURETY AND
INDEMNITY COMPANY, efk'cllve as u ninuory 1st, z01)8.
RESOLVED, that a oombination of any two of tho Chairman of the Board, the F(astdant, any Executive Mics-Prasldent, Senior VImPresidenl or Vk*Presldontof the
carparelfon be, and that each of them hereby ie, sulhorlxad to execute this Power afAtlomey, qualifying the aHomey(a) named io the paver of Abfn5y to exocetD, on behsH of the
Morslion, bonds, undertakings and contracts of surotyahlp: and that the sneretary or any Assistant Secretary of the cwporattan be, and each arthern hereby %, authorized to &Heat kha
axecullon of any such Power of Attorney;
RE1317t 1rEI), FURTHER that the signalure9 of wh ofRoers may he afted to any such Power ofAlomoy or to any eerti%eW relating Ihafato by faatmlts, and any such
Power orAtlomey ar certifOcale booring such faoslmlle signatures shall be valid and binding upon tho corporation wtren so affixed and in tho futum with rasped to any bond, undertaking
or conlred of suretyship to which It is attached.
IN WITNE53 WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused Iheae presents to be signod by its of0cem and atesled by Its Secretary or Assistant
Secretary this 6th day of Faburary, 2011.
1 ,a1 AND
gr
a
„1 4
Denlel Young, Senior Yrce•President 36 I i
s
fay Mark Lartsdon, MhcOreatd6M
A notary pubitc ar other officer completing this crartificate vertflda only the identify of the individual who signed the
document to whleh thly cerUftate Is attached, and not the trUlhtulneaxs, accuracy, or vgIloilty of that document.
State of callfomfa
Counly of Drargo
�0 .,.....
rob"IN D 1_Dara trio inm Narra mat flllr of theGrr[v
pemanally appeared _ penlyd Young and Mark Lansdort
Him*) at Wjh-r(o
who proved to ms on the bade of 9atisfadcry evidence to be the person(s) Whose namo(s) Ware subacribed
to the within inlrument and acknowfadged to me that helahaAhey executed tha same In hlalherAhatrauthortnsd
cWadty(im), and that by hislharflhelr slgnature(s) on Iheinslrumeet the perwo(s), or the entlty upon behalf of
t,UClt l.i OYWNG which the permn(s) aded, oxWod the Ins[rurnmL
Commlesion Ar 2041945
140111y Pubfle - callromie I certify undar PENALTY OF PERJURY under the kswa of Mut Slats of Galifgrnla that the foregoing paragraph Is
10Orange County trueandeorrecL
M1 COMM, Ir 0013 2019
WITNESS my hand ehd pffidnl seal.
Placa Notary Seal Above Signature _ ---
Ludill F y rand, Nalary PA11C
CERTIFICATE
w
The underalgncd, as Summary or Assistant Socretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
car0fy that the foregoing Pmer of Attorney remains In full force end has not been ret X@d and, furthermore, Mhal the provisions of the rosohhUcns of the TBspeo6w Boards of Directors of
sold corporations set forth in the Power of Attorney are In faros as of the date of tole Wrote,
�I•Irrl4rrrry
y AND H
This Certificate Is executed In the Oity of Who, Callfornla, dhla 25th day of February 2016
ay- �� 1936 _
asst@ i sror ,rAssbl S Lary s 4°++teae
r
ATS -1004 (01 7) �r/rr11I00
Upon notificatian that its Bid has been awarded, the Successful Bidder will execute the Agreemont 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 Stiwessful 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 he 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 Agreem.enk Insurance Certificates, and Bonds as
required hcreunder. 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 mud
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and
deliver the Agreement, Insurance Certificates, and Bonds in a timely manner,
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence
work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to
Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date, The undersigned fariber agrees to substantially complete all work covered by this Bid within
One Hundred and Fifty (150) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be Nily 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 Su mined:
State of ride
County of LM
Dt+le F. Hannuln being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as bidicated and that all statements herein made
are made on behalf of such Bidder and that this deponent is authorized to make them.
_Dale F Hannula, Hannula.l�an sea 1 And_Ixrig n, Inc.. also deposes and says that it has examined and
carefully prepared its Bid ftoin the Bidding Documonts, 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) Cam milm
The Ridder is a corporation organized and existing, under the laws of the State of F r`da which operates
under the legal name of Umnula Landjoaifl& An rri a ' Inc and the full names pf its officers are as
follows:
President Dige P. Hannula
Secretary Dale F. Hannula
Treasurer Wig F.'Hannula
Manager l-atnon H1y mLI
The PreNidenL DalralLAW-U-11L—is authorized to sign construction bids and contracts for the company by action
of its Board of Directors taken JanuM 17,a certificd copy of which is hereto attached (strike out
this last sentence if not applicable),
(b) Q - tnersh1
The Bidder is a co -partnership consisting of itrdividual partners whose full names are as follows:
The co-parutership does business under the legal name of:
T
The Bidder is an individual whose full name is _ , and if operating under a trade
name, said We name is
Complete for information contained in( Corporation, (b) Co -partnership or (c) Individual from previous page.
DATE �7,
W, w..
c1r 55}ZUIB
Hannula Lan. sca in & Aad 10199tion Ine.
Legal Entity
By: Dal pnuln
Nwm of Bi er (T
signature
Title
s,rKrE OF Rprida —
COUNTY OF I
Tho foregoing instrument was acknowledged before me thistie. day of Its ram ch , 2018, by Dade IIan
as _ Ixr si cat . of_ ]Iann la I. mdsegph g And Irriggt'ol.._n. InE., a
d corporation, an behalf of the corporation, is is�$rsorta,l�r known to Inc or has
produced rdentificat and did (did not)
take an oath.
My Commission Expires,
8114118 NgR OEIN NAME,:
my CoMMINJOW 0 QQD6492E (Legibly Printed)
(AFFIX O f E kRR ;t 1�nuary 13, 2,0g7 Notary Public, State of 01*
Commission No.; .. (J���
Ca Ca��>ry
Adrniri6ft ivo Sar ws Dopa tmo+it
Pfo[71tvlit d ,til' 1tviwri ra ukAi
FORM 9 - CONFLICT' oF INTEREST AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliftted
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground rules — The 6rrrt has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of work, specifications, or performing systems cuginecring mad technical
direction for the procurement) which appears to skew the competition in favor of my Fim
Impaired objectivity— The firm bas not performed work on an affiliated pastor current Collier County project identified
above to evaluate proposals / past performance of itself or it competitor, which calls into question the contractor's ability to
render impartial advice to the goverrnnent.
Unequal access to information —The firm has not had access to nonpublic information as part of its pecfarmance of a
Collier County project identified above which may have provided the contractor (or art affiliate) with an unfair competitive
advantage in current or future solicitations and rnntracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned
project; and,
2. Indicate if the information pmduccd was obtained as a matter of public regard (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), documents) and/or other rneans.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(a).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant facts concerning past, present, or currently planmed interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and docs not pose an organizational conflict.
Firm: Ilannula Laiatjgpitpiv And Juiation. Inc.
Signature and Date:
Prism Name: Dalo F. HaMWA,
Title of Signatory; Fteddent
H
Cofflar County
AdMni twNo Saivirxi Depwlr it
Prowtcrnwl services DhAWwr
FORM 10 - VENwlt DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Connnisgioncra:
The undersigned, as Vendor declares that this response is made without conneetion or arrangement with any other person and this
proposal is in every respect Fair and made in goad faith, without collusion or fraud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establikWng a
formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation
pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the
vendor agrees that if nwerded a contract for these goods and/or servlees, the vender will not be eligible to compete, submit a
proposal, be awarded, or perform as a sub -vendor for any future associated with work that Is a t'eBult of this awarded contract.
TN WITNESS VMEREOF, Wl? have hereunto subscribed our names on this 16?• day of Marcy —12019 in the County of
I eo� . in the State of F11prida
Firin's Legal Name., Hannula l audscaping And Irrigation, Inc,
Address: 7050 Pennsylvania Street
City, State, Zip Code; Fort Myers, Florida
Florida Certificate of P92000010592
Authority Document
Number
Federal Tax 65-IDM2,5
Identification Number
*CCR # or CAGE Cade 71 LN4
*Only if(kan#Funded
Telephone: 239-437-9666
Signature by:
(Typed rind written)
Title:
Delle F. 1bnnula i
President
11
Additional Contact Information
Send payments to: Same As Above
(required if different from C_'ompimry nnrne used as payee
above)
Contact name;
Title:
Address:
City, state, ZIP
Telephone:
Email:
Office servicing Collier Sante As Above
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, Stats, ZIP
Telephone:
Email;
Secondary Contact for this Rance Rebbein
Solicitation:
Email: rjrohbkqWaiiiiujialajidscaping.coni
Phone: 239-437-9606
0
5 cu��y
Adminia MWIR BoiV=5 Dopa�nt
Pmwterrant si �Cus L)Mfikn
FORM 11. - IMMIGRATION AFFIDAVIT CI WrIFICATION
This Affidavit is required and should be signed, notarized by an authorized principal of the fum and submitted with formal solicitation
submittals. Furtber, Vendors are required to enroll in the B -Verify program, and provide acceptable evidence of their enrollment, at
the time of the submission of the Vendor'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 tho company. Fpflureto include
this Affidavit n ce # e evidence of ollment in the E-Verifyro r m may a the Vendor's 1)n>posal ps n9n-
reanonslve,
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. Scctiau 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
termiaatiou of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Imnx gration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verily and to
provide proof of enrollment in The Employment Eligibility Verification System (&Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the V'endor's proposal.
Company Name Haurntla I:itirutiscastia id h ,uc.
Print Name Dale F. Hannula Title Proident
Signature : l _ Dates March 1.6, 2018
State of Florida
County of Lee
The Murree of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this
ailidavit to interrogatories hereinafter made.
'• RENO RSHIMIN
- EXPIRES Jehuary 29, Ir r •- � ' ab (vb t?},
Commission No.: _�
C ,nxy
r4JrcJnts�utl✓u SoMcos d
hrowin�mm 3rr�inra IXNsxm
3RORM 12 - VENDOR Sttns7'ITUTE W -9
Request for Taxpayer Identification Number And Certification
In accordance with the internal Revenue Service regulations, Collier County is required to collect the following information
for tax reporting purposes from individuals and companies who do business with the County (irtcludi>ng social security numbers
if used by the individual or company for tart reporting purposes). Florida Statute 119.071(5) requires that the county
notify you in writing of rite reason for collecting this information, which will be used for no other purpose then herein stated.
Plcase complete all infornmtiori that applies to your business and return with your quote or proposal,
1. Coneral Information (provide all information)
Taxpayer Name I1—wun 1a Lapdsrgaping Atid IrriWon,.Inc, ,. - ---• --
(as.vhown on income lax return)
Business Name (if different from lturpayer name)
Address 7Q59 Ppnimylvania 5te-et City Fartm e
Telephone 239-437.9§§§ Email dhannulstr( h<nmulalattd. op;n
Order Xaformation (Mast be filled nut)
Address 7950 S't�r E..,..�
City Ft- Mjers State Florida Zip 339 2
Entail dl)annula[)a hannulalandscaping.com
Company Status (check only one)
rope w for
Remit 1 Payment Information (NUM he filled ant)
Address_7050 29-immlyanitt StrQgL-- .-
City Fort Mycr., Sure Florida Zip 33912
Email dlfounul Ccl�anuultt(atrdscang,r..orn
ax laxentpt (Federal income tax••exempl entity I Umited Liability Company
under Internal Revenue Service guidelines IRC I Enter the tux claselfiefttlon
501 (G) 3) F (D - Disvegarded Entity, C.' - Corporation, P � Parinersh[p)
3, Taxpayer Identification Number (for Rax repordngpurpvses only)
Tax Idendfication Number (TW `
do not havo a
d. Sign and bate Form: CertMeatiou;
Under nenallics ofpar jury, I cerlifY that I
Signature
Title Pro.16MIlt
will be reauired to movidr. a social security number pogo te_an a
shown on thtsIbein is
Date parch 16. 20182018,_„
l'h0TIC Nl mbv,r 239-4,37-9
0
t;+'(lZtM 13 - HIDOEla CHECKU ST
IMPORTANT: Please react carefully, sign In the spaces Indicated and return With your Did. Bidder should
check o{ieach of tho following items as the necessary action is completed:
1. The Bid has been signed.
2, The Uid prices offered have been reviewed.
3. The price extensions and totals have been checked_
4. Bid Schedule has been completed and attached_
5, Any required drawings, descriptive literature, etc. have been included.
6. Any delivery intbrmation required is included.
7, The following on-line standard documents have been reviewed in Bidsync:
1. Cons-truction bid instructions form
2. Construction services agreement
3, Purchase order terms and conditions
6. All of the following bid forms have been completed and signed;
1. Bid Form Torm l) 8. Insurance and Bonding Requirements (Form 8)
2. Contractors Key Personnel (Form 2) 9, Conflict of Interest Affidavit (Forth 9)
3. Material Manufacturers (Form 3) 10. Vendor Declaration Statement (Form 10)
4. List of Major Subcontractors (Form 4) l l . Immigration Law Affidavit Certification
5. Statcrnont of Experience (Form 5) (Form 11)
6. Trench Safety Act (Form 6) 12. Vendor Substitute W-9 (Form 12)
7. Bid Bond r orm (Form 7) 13. Bidders Checklist (Form 13 — this form)
9. Copies of required infortnation have been attached
I. Company's E -Verify profile page or memorandum of understanding
2. Certificate of Authority to Conduct Business in State of Florida
3. Any required professional licenses — valid and current
(io; General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
10. ifrequired, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been
submitted.
11. Any addenda have been signed and ackwwledgemem fornt attached and included,
12. The Bid will he uploaded in time to be received no later than (lie specified opening ate audt' e, otherwise
the Bid cannot be considered.
Bidder Name liarkoA4_LAnd tOngAPA,lrrigatipnLlnc_
Signature & '1"itle_ _� rc Krtlenl Date: March 16, 2018
0
State of 'Florid'a
Department of State
I certify from the records of this office that FIANNULA LANDSCAPING AND
IRRIGATION, INC. is a corporation organized under the laws of the State of
Florida, ,filed on December 8, 1992.
The document number of this corporation is P92000010592.
I further certify that said corporation has paid all fees due this office through
December 31, 2018, that its most recent annual report/uniform business report
was filed on January 17, 2018, and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Tracitiug
Given under my hand and floe
Great Seam of'the State ofFlorida
at Tallralamsee, the Capitan, tkis
t%eSovenreerrtla dray offan uary,
2018
Secretary qfStatv
TO Alithaadleate this ca5rtifacute,visit the 1'0111wiiig slte,caterflus all] Ili bel" Ali d the>r
follow the irastructiaw(displop-4.
11Ups : its en, Iccs,cuV110,1.uI-glMIiit s/C•crtWca pON'tatua/CeHfTrcateAutheniicaetiori
Detail by Entity Name
Florida O urtmggt of SFate
i
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Deoartmenl of Stale / Div_sir. of Corporations / Search Records / DelaiLq-y Dorumert.Numozr /
Detail by Entity Name
Florida Profit Corporation
HANNULA LANDSCAPING AND IRRIGATION, INC.
Filing Information
Document Number
P92000010592
FEI/EIN Number
65-0375795
Date Filed
12/08/1992
State
FL
Status
ACTIVE
Last Event
NAME CHANGE AMENDMENT
Event Date Filed
07/18/2008
Event Effective Date
NONE
Principal Address
7050 Pennsylvania St.
Fort Myers, FL 33912
Changed: 01/30/2017
Mailing Address
7050 Pennsylvania St.
Fort Myers, FL 33919
Changed: 01/30/2017
Registered Agent Name & Address
HANNULA, DALE F
7050 Pennsylvania St.
Fort Myers, FL 33912
Name Changed: 01/30/2017
Address Changed: 01/30/2017
Officer/Director Detail
Name & Address
Title PST
HANNULA, DALE F
7020 Pennsylvania St.
Fort Myers, FL 33912
Page l of 2
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M
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1/3012018
E
Welcome
Renee Rehbein
Company Information
Company Name
Hannula Landscaping and Irrigation, Inc,
Company ID Number
262825
Doing Business As (08A) Name
DUNS Number
Physical Location
Address 1
7050 Pennsylvania Street
Address 2
City
Fort Myers
State
FL
Zip Code
33912
County
LEE
Mailing Address
Address 1
Address 2
City
stats
Zip Coda
Additional Information
Employer identification Number
650375795
Total Number of Employees
100 to 499
Parent Organizalion
Hannula Landscaping, Inc.
Administrator
Organization Designation
Employer Category
None of these categories apply
View 1 Edit
NAICS Coda
238 - SPECIALTY TRADE CONTRACTORS
Ytewl Edit
Total Hiring Bites
https:lle-verify.uscls.gov/web/EmployerWizard.aspx
E -Verify: Employer Wizard - Company Information
MENU
CO& Cqmllty
Adminis�ve t
piwlre r nt se us Dive -gin
i
Date: February 21, 2018
Email: Adam.Northnip(a)colliercou-►tyfl•f;ov
Telephone: (239) 252-6098
ADDENDUM 1
From: Adam Northrup, Procurement Strategist
To: Interested Bidders
Subject: ITB 18-7303 "Davis Boulevard Landscape and Irrigation."
The following changes have been made to the above mentioned Collier County solicitation:
The coding of the bid schedule was did not allow the document to print correctly, Please see attached file
titled Attachment A — Bidschedule 18-7303 which wholly replaces the previous bid schedule titled
Attachment A —Bid Schedule.xlsx.
Please sign below and return a copy of this Addendum with your submittal for the above referenced
ure)
Hannula Landscaping And Irrigation, Inc.
(Name of Firm)
March S, 201E
Date
Page I of 1
CAV. -V Cmm-tY
AdmwiMmbw Sw es Depa4rt
PmwtunwntSemmsn
MPrnrArm%d48448
Email: Adam.Northruo(a), o() iercountytl,(ov
Telephone: (239) 252-6098
ADDENDUM 2
Date: February 21, 2018
From: Adam Northrup, Procurement Strategist
To: Interested Bidders
Subject: ITB 18-7303 "Davis Boulevard Landscape and Irrigation."
The following change and clarification have been made to the above mentioned Collier County solicitation:
Item number 33 of the bid schedule (pay item 570-90) reads as follows:
DAVIS BL VD. SYSTEM #3 .IRRIGATION WATER SOURCE AhMNG CHAMBER PUMP STATION (BY
COUNTY, NOTINCONTRAC7) DISCONNECTAND REMOVEEXISTING PUMP ST47YON.
FURNISH & INSTALL NEW 10 HP PUMP PACKAGE (NAPLES ELECTRICAL MOTOR WORKS
MODEL #VDF-NETA-LP-CENT-I0-I-230) "OR APPROVED EQUAL" CAPABLE OF 120 GPMAT 70
PSIPUMPDISCHARGE. TO INCLUDE ALL ELECTRICAL UPGRADES TO EECTRICAL SERVICE,
PANELS, GROUNDING AND IRRIGATIONPIPING CONNECTIONS TOMAINLINE. TO BE 100%
OPERATIONAL AND INCLUDE ALL PERMHM7NG AND INSTALLATTONFEES REFER TO PUMP
NOTES, SPECIFICATIONS AND DETAILS FOR REQUIRED COMPONENTS
To clarify, the replacement of the pump station is being completed by the county at a later date. The
responsibility of the contractor for this item is only connecting the irrigation to the existingpump station which
is located on Whitten.
As a result of this clarification, the bid close is being moved to Monday, March 5� 2018 at 3: OOPM
Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation.
March 5, 2018
(Signature)
Hannula Landscaping And Irrigation, Inc
(Name of Firm)
Date
Page 1 of 2 (To
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Damon Himmel
Personnel Category
Construction Superintendent
Dale Hannula Project Manager
10
Construction Services Agreement: Revised 022018 To
EXHIBIT B-1: PUBLIC PAYMENT BOND
18-7303
Bond No,
Contract No, 18-7303
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety,
located at , Business
Address) are held and firmly bound to as Obligee in the
sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal.
Promptly makes payment to all claimants as defined in Section 285.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255,05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly signed
by its under -signed representative, pursuant to authority of its governing body.
11
Conslrucllon 5erulees Agreement: Revised 022018 Q
Signed, sealed and delivered
in the presence of:
BY:
Witnesses as to Principal NAME:
ITS:
PRINCIPAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_,
by as of
a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST'
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
12
Construellon Services AgreemenL Revised 022018
GI
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 1 by , as
behalf of Surety
oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
He/She is
Surety, on
personally known to me OR has produced
as identification and who did (did not) take an
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
13
Construction Services Agreement: Revised 022018 0
T
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
18-7303
Bond No.
Contract No. 18-7303
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($ )for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
120 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement: Revised 022018
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
The foregoing instrument was acknowledged before me this day of
20 , by I as
of
corporation, on behalf of the corporation
to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
a
He/she is personally known
as
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
15
Construction Services Agreement: Revised 022018
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
Witnesses as to Surety
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
Witnesses
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by as of
,a Sarety, on behalf of
Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
Name:
(AFFIX OFFICIAL SEAL)
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
16
Construction Services Agreement: Revised 022018
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Contractor shall procure and maintain property insurance upon the entire project,
if required, to the full insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may have
to the proceeds of such insurance. The Contractor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Contractors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County", or, the specific solicitation number/contract number and
title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Contractor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Contractor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Contractor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles
will be Contractor's sole responsibility.
Coverages shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the
County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor.
The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or
limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor
of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy
to be provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
17
Construction Services Agreement: Revised 022018
Should at any time the Contractor not maintain the insurance coverages required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the Contractor for such coverages purchased, If Contractor fails
to reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Contractor under this Agreement or any other
agreement between the County and Contractor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverageLssl purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Contractor to provide the Countywith such renewalcertificate(s) shall be considered
justification for the County to terminate any and all contracts.
16
Construction Services Agreemenl: Revised 022016
Q��
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption
issued by the State of Florida is required Entities that are formed as Sole
Proprietorships shall not be required to provide a proof of exemption An
application for exemption can be obtained online at
https //apps fldfs com/bacexemntl
2. Employer's Liability
$_1,000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the
$ 1,000,000—single limit per occurrence, $2,000,000 aggregate for Bodily Injury
current ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
4, ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor shall
defend, indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor/
Vendor or anyone employed or utilized by the ContractorNendor in the
performance of this Agreement.
5. ® Automobile Liability
$_1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services under
this Agreement.
$ Per Occurrence
❑ Pollution $ _ Per Occurrence
❑ Professional Liability $ Per claim & in the aggregate
❑ Project Professional Liability f Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Cyber Liability _.___...__.._.....__ ._..__.... Per Occurrence
❑ Technology Errors & Omissions ;> Per Occurrence
7. ® Bid bond
Shall be submitted with proposal response in the form of certified funds,
19
Construction Services Agreement: Revised 022018
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
8. ®Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bands contract by Proposers receiving award, and written for 100% of the Contract
award amount, the cost bore by the Proposer receiving an award. The
Performance and Payment Bonds shall be underwritten by a surety authorized to
do business in the State of Florida and otherwise acceptable to Owner; provided,
however, the surety shall be rated as "A-" or better as to general policy holders
rating and Class V or higher rating as to financial size category and the amount
required shall not exceed 5% of the reported policy holders' surplus, all as
reported in the most current Best Key Rating Guide, published by A.M. Best
Company, Inc. of 75 Fulton Street, New York, New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required
to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required. `Phis insurance shall be primary and non-contributory with
respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the
Vendor's policy shall be endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates
of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of Collier County.
12. ® Thirty (30) Days Cancellation Notice required.
1/22/2018 - GG
Contractor'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 HHannula Landscaping And. Irrigatfotu, Inc_ Date March 201. 2018
Contractor Signature�r:_
Print Name Dale F. 1lannula
Insurance Agency Brown_AndBrown
Agent Name Jeff Beal _ .pw _ Telephone Number 239-274-1418
20 �<
Construction Services Agreement: Revised 02201
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be
received, ("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
,20 forth e period from to . This
partial waiver and release is conditioned upon payment of the consideration described above. It is not effective
until said payment is received In paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment
to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or sults, 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 [monthlylfinall Application for Payment
No.
CONTRACTOR
BY;
Witness ITS,
President
DATE;
Witness
STATE OF
COUNTY OF
[Corporate Seall
The foregoing instrument was acknowledged before me this ` day of
20 by - .., as of
'a corporation, on behalf of the corporation. Helshe is personally
known to me or has produced as identification and did
(did not) take an oath.
My Commission Expires: --
(Signature of Notary)
NAME;
(Legibly Printed)
Notary Public, State of
(AFFIX OFFICIAL SEAL)
Commissioner Nn_'
21
Construction Services Agreement; Revised 022018 ��
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners the OWNER or'Coflier County Water -Sewer
Owner's Project
Manager's Name:
Date:
Bid No.
Shall be signed by an authorized
re resentative of the Contractor.
County's Division Name
Design Professional's Name:
Project No.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Submitted by Contractor
Representative: Name
Application Date:
Signature:
Contractor's Name &
Address:
Date:
Payment Application No.
Original Contract Time:
Original Contract Price:
$
Revised Contract Time:
J
Total Change Orders to Date:
$
Revised Contract Amount:
$
Total Value of Work Completed &
Stored to Date:
$
Retainage @10%
through [Insert Date]
$
Retainage @ 10% through [Insert
date]
$
Retainage @ _ %
after Insert date
$
Less Retainage
$
Total Earned Less Retainage
$
Less previous payment(s
Percent Work Completed
to Date:
%
AMOUNT DUE THIS
APPLICATION:
$
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.
Contractor's Name
Contractor's Signature:
Date:
Type Title:
Shall be signed by an authorized
re resentative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:..
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager Name:
Signature:
Date:
22
Construction Services Agreement: Revised 022018
EXHIBIT 0(ContinuedI SCHEDULE OF VALUES
Prahar Name. Pmieer Humhu:
UAW
Petled To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BXANCE 10% _k TOTAL
NUMBER VALUE mATERlALSbOMPLFTFC COMPLETE TOFINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS &STORED r rdar.araial CAITNHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
` Explahatton for the two columns under Previous Applicationt: The Thru Date is where yDu WIN place all information untll the contract Is complete unless a refease or reduction of retainage issue Coi
otoplay. it this happens, all Information upto the date of the % change In retalnhge Is placed in the Thru Date column. Information after that date tsplaced Inthe$IntoDate co$umn. This states
what has happened since the change In retainage.
23pV�
Construction Services Agreemenii Revised 02201$$
Exhibit D
(Continued) Stored Materials Record
Formula'. A + B - C - d = E
A B C D E
Invoice Previously Received Previously installed Balance To
Date Description Supplier Number Received This Period Installed This Period Install
24
Construction Services Agreement, Revised 422078 ��
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
htt J/bccs 01/SiteDirecto /ASD/Purchasin 1Porms1/ForrnslDefauIt.as x
Change Order Form
cortifloto: Chanpeh,= Purchasp0rder3: Project 0:
ConlractorlFinn Name, ProjeotName
ProJect Manager Name Department:
Original Centrsct,Wock Order Amount
Ori;irnl BCC Approval Daha; Agenda Item #
Current BCC Ar rGVEdAmount
Lest @CC Anrmval fate; A,gends llrrnai
CurrentCeniract.NVark OfderAmount
_ SAP ContraotExpiralion Arita lh,luterj
Dollsr Arm untof this Chenge
*0MV1
Tots IChanpa from OrlplraIAmcunt
ReVied'Cntrac;'WGrkOrderTOW
S
0.03
40JVidl
ChsngeFrom Current8CCAppfciiedArrx>uni
C u rwis liv& C he nges
S
a.gd
6IWO!
I Ch Ong aframClxreItAmount
Completion Date, Description of the Task{sj Change, and Rationale for theChange
Notice to Pracee Original Leat Approved Revised ❑akt
gate Completion Oat date �;M:xY_stK,sgel
#ofDay%Added SelectTasks El Add newtasktsj I] 4eleteta5kj51 0 Changetasktsj U Otherrsetoava'1
Provid e a response to the following: 1.) detailed and spttelfic explaeatlonlrationale of ilne requROM erhangels) to the tasklsl and ; or
the additional days added til requesttdt;J.)whytlilschangewas not ineludedinthe original contract; and, If descrbttheimpactif
this change Is not proposSbd. Auoch ad6I*n31 informatson from ibe N6*n Profe>rs'Dral ordlor Conirr..ior if Pealed.
prepared by: Dale:
t roW,t MansgEtmamrwano Oepannient}
Acceptance of t his C h jrg,1pryer s Iraq cone+ttut:3 uncdi{uCslidtt 14 cantfild ! work ardor !dent if iad above 3 n4l w ril bt aub*I to ail !hies aunt
terms and cordhiCns as contairad int r•rr contrwi lworkarder indicated above, as fullysa if the sanlewtra sS3lt;d in thio acce;4ar4a. The
adjusi meat, if any, to t he Contract s halt canal itut@ a ftrll and finals eft lament of any and all c to im s of the Contractor 1 Vendor 1 Cons uRAW
Dts is n Profen s ional arising out of 4f re'3ted to theahstye set forth hereln, int hrdirg Cla irns for im pso and dslay cos ti,
Accepted by' Date'
gniracior, �rtndarl onyultani! Design Pecimsionaland Nantas F irm, $ project applcabW
Approved by Ua14=
(Des yrynProfess iona and Namtof irm, pr*0I apptical?le)
Approved by, fate:
i rmvsnisri Professional
25
Construction Services Agreennont: Revised 022418
�b�
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
line
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
26
Construction Services Agreement: Revised 022018
RESPONSIBILITIES:
OWN ER:
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
By:
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
By:
CONTRACTOR
Type Name and Title
20
OWNER accepts this Certificate of Substantial Completion on 120
By:
OWN ER
Type Name and Title
27
Construction Services Agreement: Revised 022018 000
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: pate; , 20
Contractor:
The fallowing items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar pays,
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: !calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3, Effective date of General one year warranty from Contractor is:
4. 2 copies of operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
_ 5. As -Built drawings obtained and dated:
6_ Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12, All Spare Parts or Special Tools provided to Owner:
13, Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
By design
Professional:
By Owner:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
26� a
Construcllon Services Agreement; Revised 022016
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
,of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
29
Construction Services Agreement: Revised 022018
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
30
Construction Services Agreement: Revised 022018 0.04
limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
31
Construction Services Agreement: Revised 022018
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 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 throughout 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 procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
32
Construction Services Agreement: Revised 022018
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 Owners opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
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.
33
Construction Services Agreement: Revised 022018
0
7, SUBMITTALS AND SUBSTITUTIONS.
7A Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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
34
Gonstructlon ServIces Agreement, Revised 022418
Qp
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
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
35
Construction Services Agreement: Revised 022018
(e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As -Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material -men, as well as coordinating its Work with all
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Construction Services Agreement: Revised 022018
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Ownerwill not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
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Construction Services Agreement: Revised 022018 D
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 procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
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
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Construction Services Agreement: Revised 022018
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 theirwork 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 dependsfor proper execution or results upon the workof any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDFEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall
defend, indemnity and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant 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.
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Construr loo Services Agreement Revised 022018 d
133 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-3 to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and
obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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
nternetbased 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
Contractors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of
the fully executed E= -Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents.
If the Rideiarlr:nntrartnr dnps not comply with crovidina both the acceptable E -Verify
evidence and the executed affidavit the bidder's I Contractor's proposal may be
responsive.
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Consiruction Services Agreement Mwlsed 022018
Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: httgJlwww.dhs.govlF--Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et sea, and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
16. 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 Contractorfrom 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 TAKES.
17.1 Pursuant to Section 218.89, F.B., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors_
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor,
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GonstruetiOn Services AgrOement' Revised 022018
0
173 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (B)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for
the benefit of creditors, or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor_ The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
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ConStruClitin Services Agreement: Revised 022018 a
18.6 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and, limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed,
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonabletime 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 therefore, If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
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Construclfon Services Agreernent. Revised 022018
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment,
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) if required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable,
21, WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, In the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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Construction services Agreement: Revisers 022018 O
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
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
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Construction Services Agreement: Revised 022018 r
costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is defective, Contractor shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. if the Owner accepts
such defective Work afterfinal payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
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Gonstrur.tion Services Agreement, Revised 022018 a
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 Owners rights and remedies hereunder.
24, SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.13, for services not rendered.
25. PROTECTION DE WORK,
25.1 '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 atthe Project site or adjacent thereto, Contractor, withoutspecial 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.
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Construction Services Agreement' Revised 022018 �
O
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
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,
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Construction Services Agreement: Revised 022018
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
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
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Construction Services Agreement: Revised 022018
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre -construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31, MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5607,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.netlpurchasing.
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.
37. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
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Construction Servlr_es Agreement' Revised 0221798 y
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 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
51
Construction Services Agreement: Revised 022018 180
Owner upon termination of Contractor, (3) provide that Owner will bean 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 (G) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub -
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g,, general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractors 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,
33.5.3 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 33.5 into their sub -subcontracts and
purchase orders.
33,EA Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34,1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
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Construction ServIces Agreement: Revised 022018 T
34.1.3
Shop Drawing Submittal/Approval Logs
34,1 .4
Equipment Purchase/Delivery Logs
34.1 .5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cast Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost -Estimates
34.1.15
Bulletin Quotations
34.1 A 6
Lab Test Reports
34,1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34,11 .21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As -Built" Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34,1.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be avaiiableat all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued,
35. SECURITY.
The Contractor is required to comply with County Ordinance 200452, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
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Gonstrudlon Servios Agreement: Revlsed 022018 Q
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS a(,colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
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Construction Services Agreement: Revised 022018
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous, Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County_
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
r�
Construction Services Agreement: Revised 02201$
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
(Attached hereto, following this page)
Construction Services Agreement: Revised 022018 a
BXI-IIBIT I-01 SIIPPLVMFNTAI. CON" RACT PROVISIONS
Florida Department ofTranspurtation (FDOT)
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. in cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern,
1. Records, Access and Retention
A. Maintenancq. of Records: The Contractor shall maintain all financial said non-financial records and
.reports directly or indirectly related to the negotiation or performance of this contract including
supporting, documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period of five (5) years from the expiration date of
the contract.
S. Examination of Records: The FDOT shall have the right to examine in accordance with generally
accepted governmental auditing standards all records directly or indirectly related to this contract,
Such examination may be made only within five (5) years from the expiration date of this contract.
C. Extended Availability of Records for Legal Disputes: Ll the event that the FDOT should become
involved in a legal dispute with a third party arising from performance under this contract, the County
shall extend the period of maintenance for all records relating to the contract until the final disposition
of the legal dispute. All such records shall be made readily available to the FDOT.
2. Discriminatory Vendor List — The contractor will not discriminate against any person on legally
protected basis in any activity under this solicitation or a contract. Any entity or affiliate that has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with u public entity for the construction or
repair of a public building or public work, may not submit bids on ]eases of real property to a public entity,
may not be awarded or perforin work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and malty not transact business with any public entity.
3. Public Entity Crime — "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 rcal property to a public entity, may not be awarded or perfoi7n work as a contractor,
supplier, subcontractor, or consultant under a contract with any public ontity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of ata months from the date of being
placed on the convicted vendor list."
4. Employment Eligibility Verification - Executive Order 11-116, signed May 27, 2011, by the
Governor of Florida, requires contracts to utilize the 1..i,S, Department of Homeland Security's L -Verify
system to verify the employment eligibility of all new employees hired by the vendor during the
Contract/Work Order term and include in all subcontracts under this Contract/Work Order, the requirement
that subcontractors performing work or providing services pursuant to this Agr>eenient utilize the &Verify
system to verify the employment eligibility of all new employees hired by the subcontractor during the
term of the subcontract,
5. Tile County, its employees, and subcontractors are not agents ofFDOT as a result of this Contract.
Contract Provisions • 1
To
EXI I1B1T 1-01
SUPPLEM177,N AI, CONTRACT PROVISIONS
6, Ubbying: No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial. branch or a state agency.
7. Compliance with Terms and Conditions - Contractors and its subcontractors shall comply with
all applicable federal, state and local laws and refutations relating to the performance of the cnnlracL
Contract Pmvisioes • 2
0
EXHIBIT I-02
GRANT CERTMC .MONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SO)LICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Rogarding Debarment, Suspension, and Other Responsibility Matters Printery Covered
Transactions
2. Acknowledgement of Grant Terms and Conditions
Assurances I
To
FXHIBIT I-42
GRANT CER'I'IFICAl'IQNS AND ASSURANCES
COLLFER COUN'r"Y
Certification ,Regarding Debarment, Suspension, and Other Responsibility Matters
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals,
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had it civil judgment
rendered against thein for commission of fraud or a criminal oMnse in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract undor a
public transaction; violation of Federal or State antitrust statutes or commission of embarzlerncnt, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-yoar period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statcments in this certification,
such prospective participant shall attach an explanation to this proposal. {
NwtQ PrQjecrName
Title nn Project Number
Firme.�aiIgh. 'mow. Tax ID Number
DUNS Ninnbcr
—70! 3 &I'N IVii Nic% hz"t .x 'V VR N dpi ?9,2
Street Addregs, City, State, Zip
rte.
Signa lire LLLL
Assurances - 2
C
EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses �^
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to
whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name €$'RJs�1�wEsa.s �_.__-- Date...._G_ tM_,_t7i
Authorized Si�;natEarc
Address f Aw_��av����°��x� `����� ... ����� 1nvoxo-
Solicitation/Contract #
Assurances - 3
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street RACHEL 1). CONE
GOVERNOR Tallahassee, rl. 32399-0450 11MIx1M SWRETARY
May 2, 2017
HANNVI.A TANDSCAPING AND IRRIGATION, INC,
7050 PENNSYLVANIA ST
FORT MYERS FL 33912
HE: CIERTIFICATE OF QUALIFICATION
Dea:: Sir/madam;
The nepartment of Transportation has qualified your company for the type of work
xndip-ated below. Unless your company is notified otherwise, thin Certlf tate at
Qualification will expire G/90/2018. However, the new application is due 4430/20,a.
In ,accordanon wl_th 8.337.14 (1) F.B. your next application must be filed within (4)
months of the ending data of the applicant'e audited annual financial statements.
If yci7r Companylu maximum capacity has been revised, you can acceas it by logging Into
the Contractor Prequalification Application Systam vin the following link.
https://wlrw3.dot.st_atA.ofl.us fCantraakatPreaiii`ication(
Once logged in, select "View" for the most racyntly Approved appliostion, and than
o1joiL the Ilmnage" and "Application Summary" tuba.
FDO7 APPROVED WORK CLASSES
GRASSING, SE90rNG AND SODDING, LANDSCAPIOG, IRRIGATION
You may apply far a Aevisod Certificate c£ Qunlification at any time prior to the
expiration data of this certificate according to Section 14-22.0041{3), rlarida
Adtknistxative Cade IF.A.C.), by accessing your most recently approved application as
shown above and choosing "Update" instead Cf 11Vigw." if certii`iCation in additional
classes of work la desix$d, documentation is needed to show that your company has done
such work with your own forcer and Equipment or that experience was gained with
another contractor and that you have the necessary equipment, tar eaoh additional clasa
of work xequv5tad.
All prequalified contractors are required by Section 14-22.006(3), F.A.C.r to certify
their work underway monthly in order to adjust maximum bidding capacity to available
bidding capacity. You can find the lint: to this report at the website shown above.
AN.cj
Sincerely,
Alan Autry, nager
Contracts Administration Office
www.fdot.gov