Agenda 01/22/2019 Item #11C01/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a $2,058,121 contract under Invitation to Bid No. 18-7473 with
Quality Enterprises USA, Inc., “MPS 308 Force Main Improvements” (Project No. 70230), and to
authorize the necessary budget amendment.
OBJECTIVE: To install a new 20-inch wastewater force main to increase wastewater transmission
capacity from Master Pump Station (MPS) 308 and to allow potential wastewater flow diversion to the
North Collier Water Reclamation Facility.
CONSIDERATIONS: The proposed scope of work under Project No. 70230, “MPS 308 FM
Improvements,” is consistent with the FY2019 CIP Budget approved by the Board of County
Commissioners on September 20, 2018.
The project consists of more than 6,000 feet of 20-inch HDPE pipe, two horizontal directional drills and
associated valves and fittings. This project begins at the southeast corner of Shadowlawn Drive and
Linwood Avenue and ends north of the northwest corner of Davis Boulevard and Lakewood Boulevard,
east of East Naples Middle School. Work near Shadowlawn Elementary and East Naples Middle schools
will be coordinated to occur when classes are not in session.
The existing 12-inch wastewater force main from MPS 308 has limited capacity for transporting
wastewater to the South County Water Reclamation Facility. The proposed 20-inch wastewater force
main will add capacity and allow flexibility to divert wastewater flow to the North County Water
Reclamation Facility. The existing 12-inch force main will remain in service providing operational
flexibility, thereby reducing the potential for sewer system overflows near MPS 308. When completed,
the Wastewater Collections staff will be able to direct wastewater flow to any combination of three
Master Pump Stations (MPS 305, MPS 309 or MPS 312). The new force main will be connected to and
capable of transporting wastewater flow from the existing MPS 308 and Pump Station 305.12. This
flexibility allows Wastewater Collections staff to maintain and repair these force mains. In addition,
when the proposed Bayshore Gateway Triangle CRA re-development occurs, the new force main will be
capable of handling the additional wastewater flow, although other capacity improvements in the system
may also be required.
On August 23, 2018, the Procurement Services Department released Invitation to Bid (ITB) No. 18-7473
to four thousand seven hundred eighty-five (4,785) vendors for the “MPS 308 Force Main Improvements”
project. Contractors downloaded sixty-nine (69) bid packages, and the County received four (4) bids by
the October 3, 2018 deadline.
The County found two (2) bidders to be responsive/responsible and one (1) bidder (Metro Equipment
Service) was deemed non-responsive due to an incomplete bid package. Mitchell and Stark submitted a
“No Bid” response. The bids received are summarized in the below chart.
Company Name City County State Bid Amount Responsive/
Responsible
Quality Enterprises USA, Inc. Naples Collier FL $2,058,121.00 Yes/Yes
Metro Equipment Service, Inc. Miami Miami-Dade FL $2,531,733.00 No/No
Douglas N. Higgins, Inc. Naples Collier FL $3,993,460.00 Yes/Yes
Mitchell & Stark, Inc. Naples Collier FL N/A NO BID
The quote specifications informed the respondents that there may be unforeseen conditions associated
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01/22/2019
with the project. The quote amount incorporates an owner-directed project allowance of $200,000 for
unanticipated costs including, but not limited to, un-located utilities and unforeseen site conditions. Use
of the allowance will be billed at the appropriate contract price based on a lump sum, unit price or time
and material basis.
County staff determined the lowest bid to be fair and reasonable and recommends awarding the project to
Quality Enterprises USA, Inc., the lowest responsive and qualified vendor. The low bid received is 14
percent lower than the engineer’s cost opinion. In its recommendation letter dated October 23, 2018
(Attachment 3), the design professional, Agnoli, Barber & Brundage, Inc., recommends awarding the
project to Quality Enterprises USA, Inc., who has a satisfactory performance and warranty record on
previous, similar, utility-related projects.
FISCAL IMPACT: The source of funding is Wastewater User Fees, Fund (414). The funds will be
available in project 70230 upon approval of a budget amendment. The project is expected to be
completed in the winter of 2020. This is an improvement project; however, operating costs are not
expected to change. A budget amendment is required from Project 70044, Fund 414 in the amount of
$2,500,000. The additional $441,879 will be used for professional engineering construction services and
professional CEI services procured separately.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities and to remain in compliance
with all regulatory programs.
RECOMMENDATION: To approve a $2,058,121 contract under ITB No. 18-7473 to Quality
Enterprises USA, Inc.; to authorize the necessary budget amendment to transfer funds in the amount of
$2,500,000 to MPS 308 Force Main Improvements, Project 70230; and to authorize the Chairman to
execute the attached contract.
Prepared By: Michael P. Stevens, P.E., Principal Project Manager, Engineering and Project Management
ATTACHMENT(S)
1. Attachment 1 - Bid Tab 18-7473 (PDF)
2. Attachment 2 - EPMD Quote Analysis 18-7473 (PDF)
3. Attachment 3 - ELORA 18-7473 (PDF)
4. Attachment 4 - NORA_Signed 18-7473 (PDF)
5. [Linked] Attachment 5 - Contract_VendorSigned&Bonds 18-7473 (PDF)
6. 18-7473 QualityEnterprises_Insurance_11-29-18(PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 7564
Item Summary: Recommendation to approve a $2,058,121 contract under the Invitation to Bid
No. 18-7473 with Quality Enterprises USA, Inc., “MPS 308 Force Main Improvements” (Project No.
70230), and to authorize the necessary budget amendment. (Tom Chmelik, Public Utilities Engineering
and Project Management Director)
Meeting Date: 01/22/2019
Prepared by:
Title: – Public Utilities Planning and Project Management
Name: Michael Stevens
12/12/2018 4:58 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
12/12/2018 4:58 PM
Approved By:
Review:
Wastewater Beth Johnssen Additional Reviewer Completed 12/13/2018 12:13 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/14/2018 12:38 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 12/14/2018 4:17 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/17/2018 8:06 AM
Wastewater Steve Nagy Additional Reviewer Completed 12/17/2018 1:55 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 12/17/2018 1:59 PM
Procurement Services Swainson Hall Additional Reviewer Completed 12/17/2018 4:02 PM
Procurement Services Ted Coyman Additional Reviewer Completed 12/18/2018 5:09 PM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 12/19/2018 11:39 AM
Procurement Services Barbara Lance Additional Reviewer Completed 01/02/2019 8:07 AM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 01/02/2019 6:12 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/08/2019 11:04 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/11/2019 8:35 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/11/2019 9:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2019 9:19 AM
County Attorney's Office Len Price CAO Preview Skipped 01/11/2019 2:28 PM
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Office of Management and Budget Susan Usher Additional Reviewer Completed 01/12/2019 1:40 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/13/2019 6:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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Project Manager: Michael Stevens
Procurement Strategist: Barbara Lance
Notices Sent: 4,785
Bid Packages Downloaded: 69
Submittals: 4
SECTION 1
ITEM DESCRIPTION QUANTITY UNIT UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $
1 Mobilization 1 LS 204,000.00$ 204,000$ 250,000.00$ 250,000.00$ 380,000.00$ 380,000.00$ -$
2 Maintenance of traffic 1 LS 148,000.00$ 148,000$ 122,000.00$ 122,000.00$ 339,000.00$ 339,000.00$ -$
3 Project Sign 1 LS 630.00$ 630$ 1,000.00$ 1,000.00$ 8,000.00$ 8,000.00$ -$
4 Survey Layout, As-Built Survey & Maintain Record Drawings 1 LS 27,500.00$ 27,500$ 12,000.00$ 12,000.00$ 18,000.00$ 18,000.00$ -$
5 Erosion and Sedimentation Control 1 LS 33,400.00$ 33,400$ 3,000.00$ 3,000.00$ 18,000.00$ 18,000.00$ -$
6 Pre & Post Construction Video 1 LS 1,750.00$ 1,750$ 1,500.00$ 1,500.00$ 15,000.00$ 15,000.00$ -$
7 General Restoration 1 LS 108,500.00$ 108,500$ 4,000.00$ 4,000.00$ 130,000.00$ 130,000.00$ -$
8a Concrete Driveway Replacement 220 SY 90.00$ 19,800$ 100.00$ 22,000.00$ 120.00$ 26,400.00$
8b Asphalt Driveway Replacement 352 SY 75.00$ 26,400$ 30.00$ 10,560.00$ 95.00$ 33,440.00$ -$
9 1" Type S-3 A.C. overlay per CC R/W detail 6,500 SY 10.00$ 65,000$ 8.00$ 52,000.00$ 25.00$ 162,500.00$ -$
10 Open-Cut Trench Restoration 2,510 LF 54.00$ 135,540$ 20.00$ 50,200.00$ 70.00$ 175,700.00$ -$
11 6" Thick Concrete Sidewalk 390 SY 64.00$ 24,960$ 80.00$ 31,200.00$ 110.00$ 42,900.00$ -$
12 Detectable Warning Mats (Embedded in Concrete)7 EA 450.00$ 3,150$ 1,400.00$ 9,800.00$ 1,200.00$ 8,400.00$ -$
13 Sod 10,850 SY 6.00$ 65,100$ 7.00$ 75,950.00$ 7.00$ 75,950.00$ -$
14 Signing and Striping 1 LS 23,000.00$ 23,000$ 7,000.00$ 7,000.00$ 18,000.00$ 18,000.00$ -$
15 Sidewalk and Lane Closure Fees 90 DAY 375.00$ 33,750$ 200.00$ 18,000.00$ 1,400.00$ 126,000.00$ -$
SECTION 2
ITEM DESCRIPTION QUANTITY UNIT UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $
16a 12"x18" ERCP 24 LF 126.00$ 3,024$ 100.00$ 2,400.00$ 190.00$ 4,560.00$ -$
16b 15" RCP 28 LF 105.00$ 2,940$ 90.00$ 2,520.00$ 180.00$ 5,040.00$ -$
17 Type "C" Inlet 1 EA 3,000.00$ 3,000$ 4,000.00$ 4,000.00$ 9,000.00$ 9,000.00$
18 Mitered End Section 5 EA 1,500.00$ 7,500$ 1,700.00$ 8,500.00$ 2,500.00$ 12,500.00$ -$
19 Swale Restoration (grading)3685 LF 6.00$ 22,110$ 1.00$ 3,685.00$ 18.00$ 66,330.00$ -$
SECTION 3
ITEM DESCRIPTION QUANTITY UNIT UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $UNIT COST $SUB TOTAL $
20a Install 20" HDPE (fittings included) *3,983 LF 84.00$ 334,572$ 246.00$ 979,818.00$ 130.00$ 517,790.00$ -$
20b Install 12" HDPE (fittings included) *25 LF 160.00$ 4,000$ 140.00$ 3,500.00$ 130.00$ 3,250.00$ -$
20c Install 10" HDPE (fittings included) *90 LF 335.00$ 30,150$ 130.00$ 11,700.00$ 130.00$ 11,700.00$ -$
21a Install 20" Plug Valve *9 EA 2,150.00$ 19,350$ 1,300.00$ 11,700.00$ 5,400.00$ 48,600.00$ -$
21b Install 12" Plug Valve *4 EA 1,375.00$ 5,500$ 1,000.00$ 4,000.00$ 3,700.00$ 14,800.00$ -$
21c Install 10" Plug Valve *1 EA 1,375.00$ 1,375$ 900.00$ 900.00$ 3,700.00$ 3,700.00$ -$
22 Install 3-inch Air Release Valve (Pedestal Type) *7 EA 1,800.00$ 12,600$ 1,200.00$ 8,400.00$ 2,100.00$ 14,700.00$ -$
23a Install 16" Hot Tap & Valve *1 EA 3,870.00$ 3,870$ 3,000.00$ 3,000.00$ 5,900.00$ 5,900.00$ -$
23b Install 12" Hot Tap & Valve *1 EA 3,200.00$ 3,200$ 2,800.00$ 2,800.00$ 5,400.00$ 5,400.00$ -$
23c Install 10" Cold Tap & Valve *1 EA 3,100.00$ 3,100$ 700.00$ 700.00$ 4,000.00$ 4,000.00$
23d Install 12" Cold Tap & Valve *1 EA 3,200.00$ 3,200$ 800.00$ 800.00$ 4,000.00$ 4,000.00$ -$
24 Connect to Existing Force Main and Master Pump Station 4 EA 4,400.00$ 17,600$ 2,000.00$ 8,000.00$ 23,000.00$ 92,000.00$ -$
25a Directional Drill 20" DR11 HDPE - Airport (1465 LF) *1 LS 242,000.00$ 242,000$ 400,000.00$ 400,000.00$ 791,100.00$ 791,100.00$ -$
25b Directional Drill 20" DR11 HDPE - Davis (620 LF)*1 LS 116,000.00$ 116,000$ 180,000.00$ 180,000.00$ 334,800.00$ 334,800.00$ -$
26a 10" Vertical Deflections 1 EA 3,000.00$ 3,000$ 400.00$ 400.00$ 10,000.00$ 10,000.00$ -$
26b 20" Vertical Deflections - (Qty. 6 added for unforeseen conditions)11 EA 3,150.00$ 34,650$ 600.00$ 6,600.00$ 11,000.00$ 121,000.00$ -$
27 Field Adjustments of existing Sanitary Laterals in conflict with new Force main 1 LS 10,000.00$ 10,000$ 1,500.00$ 1,500.00$ 15,000.00$ 15,000.00$ -$
28 Sewage Pumper Truck (during PS shutdown)22 HR 450.00$ 9,900$ 300.00$ 6,600.00$ 500.00$ 11,000.00$ -$
29a 10" Linestop 304 Stainless Steel (Optional, if needed)2 EA 11,000.00$ 22,000$ 2,000.00$ 4,000.00$ 25,000.00$ 50,000.00$ -$
29b 12" Linestop 304 Stainless Steel (Optional, if needed)2 EA 11,500.00$ 23,000$ 3,000.00$ 6,000.00$ 30,000.00$ 60,000.00$ -$
Subtotal : 1,858,121.00$ 2,331,733.00$ 3,793,460.00$ -$
30
Allowance: Compensation for unforseen conditions will be made at the
appropriate contract price based on lump sum, unit price or time and materials
depending upon the nature of the work.
1 TBD 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$
Total 2,058,121.00$ 2,531,733.00$ 3,993,460.00$
* These materials are going to be supplied by Collier County
MATERIALS SUPPLIED BY COLLIER COUNTY
ITEM DESCRIPTION QUANTITY UNIT
20a 20" HDPE (fittings included) 6,068 LF
20b 12" HDPE (fittings included) 25 LF
20c 10" HDPE (fittings included) 90 LF
21a 20" Plug Valve 9 EA
21b 12" Plug Valve 4 EA
21c 10" Plug Valve 1 EA
22 Install 3-inch Air Release Valve (Pedestal Type)7 EA
23a 16" Hot Tap & Valve 1 EA
23b 12" Hot Tap & Valve 1 EA
23c 10" Cold Tap & Valve 1 EA
23d 12" Cold Tap & Valve 1 EA
NO BID
18-7473 Pump Station 308.00 Force Main Improvements Bid Tab
Project 10-0023
RESPONSIVE CHECK (YES/NO)
No Bid
Yes No Yes
YesNo
List of Major Subcontractors (Form 4)
Statement of Experience of Bidder (Form 5)
Contractors Key Personnel Assigned to the Project (Form 2)
Bid Response Form (Form 1)
Material Manufactures (Form 3)
Trench Safety Act Acknowledgement (Form 6)
Bid Bond (Form 7)
Insurance and Bonding Requirements (Form 8)
Conflict of Interest Affidavit (Form 9)
Vendor Declaration Statement (Form 10)
Immigration Affidavit Certification (Form 11)
Vendor Substitute W-9 (Form 12)
Bidders Checklist (Form 13)
Business Tax Receipt
Grant Provisions Package
Addendums
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
N/A
Yes
Responsive
No
No
No
No
Yes
No
No
No
No
No
No
Yes
N/A
Yes
Unresponsive
Yes
Yes
Yes
Yes
Yes
Yes
Responsive
Opened By:
Witnessed By:
Bid Open Date:
Barbara Lance
Viviana Giarimoustas
10/3/2018
Yes
Yes
N/A
Yes
Yes
Yes
Yes
YesYes
Yes
Yes
Quality Enterprises Metro Equipment Service Douglas N. Higgins Mitchell & Stark
TOTAL BID AMOUNT
NO BID
NO BID
NO BID
NO BID
11.C.1
Packet Pg. 257 Attachment: Attachment 1 - Bid Tab 18-7473 (7564 : Master Pump Station 308 Force Main Improvements)
$0.00
$500,000.00
$1,000,000.00
$1,500,000.00
$2,000,000.00
$2,500,000.00
$3,000,000.00
$3,500,000.00
$4,000,000.00
$4,500,000.00
Eng Est Quality Enterprises
USA, Inc.
Metro Equipment
Services, Inc.
Douglas N. Higgins,
Inc.
Bid Results for ITB. 18-7473
(MPS 308 Forcemain Improvements)
KEY:
Dashed Green-
AVERAGE BID
Dashed black-
+/-1 std dev
of avg bid
Dotted red-
+/-20% of eng
estimate for
horizontal
construction
11.C.2
Packet Pg. 258 Attachment: Attachment 2 - EPMD Quote Analysis 18-7473 (7564 : Master Pump Station 308 Force Main
Amount
Avg Bid
plus
1 Std Dev
Avg Bid
Avg Bid
minus
1 Std Dev
Eng Est
plus 10%
(vertical)
Eng Est
minus 10%
(vertical)
Eng Est
plus 20%
(horizontal)
Eng Est
minus 20%
(horizontal)
# Std Dev
from Avg
Bid
Variance
from
Eng Est
Eng Est $2,379,597.00 $2,861,105 NA NA $2,855,516 $1,903,678 -0.48 0%
NA NA $2,855,516 $1,903,678
Quality Enterprises USA, Inc.$2,058,121.00 $3,869,940 $2,861,105 $1,852,269 NA NA $2,855,516 $1,903,678 -0.80 -14%
Metro Equipment Services, Inc.$2,531,733.00 $3,869,940 $2,861,105 $1,852,269
Douglas N. Higgins, Inc.$3,993,460.00 $3,869,940 $2,861,105 $1,852,269 NA NA $2,855,516 $1,903,678 1.12 68%
1 Std Dev =$1,008,835 35%of Avg Bid
+/- 1 Std Dev =$2,017,670 +/- 20% of Eng Estimate =$951,839
Bid Results for Bid No. 18-7473 (MPS 308 FM Improvements)
10/16/2018
Bid is acceptable. Of the two responsive and responsible bids, only QE's bid
falls within +/- 1 Std Dev and +/- 20% of the EOPC. The high bid is outside of
both parameters.
11.C.2
Packet Pg. 259 Attachment: Attachment 2 - EPMD Quote Analysis 18-7473 (7564 : Master Pump Station 308 Force Main Improvements)
October 23, 2018
Via email to Michael.Stevens@colliercountyfl.gov
Michael Stevens, P.E.
Collier County Engineering and Project Management Division
3339 Tamiami Trail East
Naples, FL 34112
Re: 18-7473 – MPS 308 Forcemain
Engineer’s Letter of Recommended Award
Dear Mr. Stevens:
Agnoli, Barber & Brundage, Inc. has completed its review of the bids submitted for the above-
referenced project, and we are pleased to provide the following award recommendation.
Bid tabulation information provided by the Collier County Purchasing Division shows that there
were three bids submitted, and one no-bid. A review of that bid tabulation confirms that Quality
Enterprises USA, Inc. was the lowest bidder with a bid of $2,058,121, which is approximately
14% less than the project’s Opinion of Probable Cost (OPC). The bid documents submitted by
Quality Enterprises appear to have been properly completed and signed.
We have contacted the following references provided by Quality Enterprises:
1. Collier County Utilities (Oscar Martinez)
2. Stantec
3. Collier County Utilities (Ben Bullert)
The results of our questions to them are provided as Exhibit A to this letter.
A search on sunbiz shows that Quality Enterprises USA, Inc. holds the following valid licenses
with the State of Florida:
Certified Underground Utility and Excavation Contractor
Certified Building Contractor
Certified Plumbing Contractor
Certified Pollutant Storage System Contractor
Certified Electrical Contractor
11.C.3
Packet Pg. 260 Attachment: Attachment 3 - ELORA 18-7473 [Revision 1] (7564 : Master Pump Station 308 Force Main Improvements)
11.C.3Packet Pg. 261Attachment: Attachment 3 - ELORA 18-7473 [Revision 1] (7564 : Master Pump Station 308 Force Main Improvements)
EXHIBIT A
18-7473 – MPS 308 Forcemain
Project Bidder’s Reference Check
Date: October 23, 2018
References checked by: Denise Rakich, Engineering Coordinator, on behalf of Dominick J.
Amico, Jr., P.E., Agnoli, Barber & Brundage, Inc.
Bidder’s Name: Quality Enterprises USA, Inc.
1. Name of Project Reference: Goodland Drive Watermain Replacement
• Contact name: Oscar Martinez, Oscar.martinez@colliercountyfl.gov
• Telephone number: (239) 252-6214
• Scope of services: Installation of 5,000 feet of 8” water main along Goodland Drive
• Year of project completion: 2017
• Original budget: $1,093,186
• Change orders: No
• Project completed on time: Yes
• Project completed within original budget: Yes
• Any warranty issued with the work that has been completed: Yes
• Would you consider using Quality Enterprises USA, Inc. again: Yes
• Additional comments: Project went smoothly; excellent work by QE
2. Name of Project Reference: Border Road Watermain Extension (City of Venice
Utilities Waste Water Treatment Plant)
• Contact name: Stephen MacEachern, Stantec, Stephen.maceachern@stantec.com
• Telephone number: (941) 225-6177
• Scope of services: Install 12-inch Water Main (3,700 LF PVC open cut and 2,300
LF HDD) one HDD was under InterState and a 20-inch steel casing Jack & Bored
under a roadway.
• Year of project completion: 2016
• Original budget: $687,166.70 (Includes $25,000 Owners Allowance that was not
used)
• Change orders: No Change Orders
• Project completed on time: Yes
• Project completed within original budget: Yes
• Any warranty issued with the work that has been completed: No
• Would you consider using Quality Enterprises USA, Inc. again: No objections to
recommend them to Owner if they were low bidder and met project qualifications.
• Additional comments: They performed well. No complaints.
11.C.3
Packet Pg. 262 Attachment: Attachment 3 - ELORA 18-7473 [Revision 1] (7564 : Master Pump Station 308 Force Main Improvements)
3. Name of Project Reference: Imperial Golf Course Watermain Replacement
• Contact name: Ben Bullert, Benjamin.bullert@collercountyfl.gov
• Telephone number: (239) 252-2583
• Scope of services: Replacement of 7,000 feet of CI water main
• Year of project completion: 2018
• Original budget: $1.1 Million
• Change orders: Minor changes drafted from allowance
• Project completed on time: Yes
• Project completed within original budget: Yes
• Any warranty issued with the work that has been completed: No
• Would you consider using Quality Enterprises USA, Inc. again: Yes
• Additional comments:
11.C.3
Packet Pg. 263 Attachment: Attachment 3 - ELORA 18-7473 [Revision 1] (7564 : Master Pump Station 308 Force Main Improvements)
11.C.4
Packet Pg. 264 Attachment: Attachment 4 - NORA_Signed 18-7473 (7564 : Master Pump Station 308 Force Main Improvements)
11.C.6
Packet Pg. 265 Attachment: 18-7473 QualityEnterprises_Insurance_11-29-18 (7564 : Master Pump Station 308 Force Main Improvements)
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater St.
Naples, FL 34117, a Corporation, authorized to do business in the State of Florida, to perform all
work ("Work'') in connectlon with MPS 308 Force Main Improvements, Invitation to Bid No. 18-
7473 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoll,
Barber & Brundage, Inc., the Engineer and/or Architect of Record ("Design Professional") and
other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Lega l 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 sometlmes 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 s hall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting .
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fue l, 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 th e fa ithful performance by Contractor of th e 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: Two Million Fifty-Eight Thousand One Hundred and Twenty-One Dollars
($2,068,121.00).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit B-1 and B-2 , in th e amount of 100% of the Contract Amount, the costs of which are to be
paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner; provided ,
however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.html#ce rtifi ed. Should the Contract Amount be less than
1
Construction Services Agreement; Revised 0721 18
$500,000 , the req uire ments 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 t o meet the requirements
imposed by the Contract Documents, the Contractor shall, within f ive (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 so le risk of Contractor. Contractor shall achieve Substantial
Completion within Two Hundred and Thirty (230) calendar days from the Commencement Date
(herein "C ontract Time'1). The date of Subst antial Completion of the Work (or designate d 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 Sixty (60) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its e ntirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Co ntract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
re presentative and shall mean the Division Administrator or Department Director, as applicable,
acting d irectly or through duly authorized representatives.
B . Liquidated Damages in General.
Owner anq Contractor recognize that, since time is of the essence for th is 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 Six Hundred and Sixty-Five Dollars ($1 ,666.00) for each calendar day thereafter
until Substantial Completion is achieved. Further, in the event Substantial Completion is reached,
but the Contractor fails to reach Final Completion within the required time period, Owner shall
also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner
as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed
to be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C . Computation of Time Periods .
When any period of time is referenced by days herein , it shall be computed to exclude the first
d ay and include the last day of such period . If the last day of any such period falls on a Saturday
2
Con struction Services Agreement : Revi se d 072118
or Sunday or on a day made a legal holiday by the raw of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days .
E. Right of Collection .
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement In Owner's sole discretio111. 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 Contra ct 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.
!=,xhiblts Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation 18-7473 MPS 308 Force Main Improvements.
Exhibit A-1:
Exhibit A-2:
Exhibit A-3:
Exhibit B-1 :
Exhibit B-2:
Exhibit 8-3:
Exhibit C:
Exhibit D :
Exhibit E:
Contractor's Bid Schedule
Contractor's Bid Submittal Forms and Addendurrs
Contractor's List of Key Personnel
Payment Bond Forms
Performance Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
3 0
Constru ction Se rvices Agre erp ent: Revlse c! 072118
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions ~ Applicable D Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 18-7473 Title: MPS 308 Force Main Improvements. The
complete contract documents, including Addendum with attachments, are available on the
County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree
comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( IS] ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
~Exhibit J:
0Exhibit K:
0Exhibit L:
~Exhibit M:
Technical Specifications
Permits
Standard Details
Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc.
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 Public Utilities Engineering and Project Management
3339 Tamiami Trail East, Suite 303
Naples, FL 34112-5361
Attn: Michael Stevens, Contract Administrator/Project Manager
Phone: 239-252-2589
Email: Michael.Stevens@colliercountyfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Quality Enterprises USA, Inc.
3494 Shearwata-St.
Naples, FL 34117
Attn: Louis J. Gaudio, VP
Phone: 239-435-7200
Email: LGAUDIO@QEUSA.COM
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
4
Construction Services Agreement: Revised 072118
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 F lorida Statutes which read as
follows :
"A person or affiliate who has been placed on the convicted vendor li st 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 partie s intended to be bound by it.
Section 1 O. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and sha ll inure to the
benefit of th e successors and assigns of th e parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Ag reement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other ag reement 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 va lidity or enforceabi lity of any other section or part thereof.
5
Co nstructi on Se rvi ces Agreement: Revised 072118 0
Section 15. Change Order Authorization .
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures .
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared thi s Agreement. The rule sometimes referred to as "fortius
con tra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to th e construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the te rms 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 Co ntract Documents , except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
Ge neral Terms and Conditions . To the extent any conflict in the terms of the Contract Documents
includi ng the Owner's Board approved Executive Summary cannot be resolved by application of
th e Supplemental Conditions, If any, or the Construction Agreement and the General Terms and
Conditions, th e conflict shal l be resolved by imposing the mo re strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion .
****
6
Co nstru ction Services Ag reement . Revised 072118
IN WITNESS WHEREOF , the parties have executed this Agreement on the date(s)
indicated below.
,TWO WITNESSES : :x,r~r=
Margarita Negron
SECOND WITNESS
Marcie Cohen
Print Name
Date :----------
ATTEST:
Crystal K. Kinzel, Clerk of Courts & Comptroller
BY: ___________ _
Approved as to Form and Legality:
Assistant County Attorney
Print Name
CONTRACTOR:
Quality Enterprises USA, Inc.
By : c:·-;:>Gs-
Louis J . Gaudio, Vice President 11/29/18
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY :
Andy Solis , Esq. Date
Chairman
7
·con stru ction Servic es Agree ment: Revis ed 07211 8
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
8
Constru ction SeNices Ag ree men t; Revised 072 11 8
Bid Sch edul e
16-7473 Pu mp S!Mlon 308.00 Forco Moln l mprovomonl s
Pro)ecl 10-0023
SEC TION 1
ITEM DE SCR IPTION I QUANTITY UNIT UNIT COSTS SUB TOTAL$
1 Mob,llzallon 1 LS $204 000.00 $ 204 ,000.00
2 Malntonanco of traffic 1 LS $148,000.00 $ 148 000.00
3 Proloct Siar, 1 LS $ 630.00 $ 630.00
4 Survev Lavou1, A.s-Bullt Survev & Maintain Reco rd Drflwings 1 LS $ 27 .600.00 $ 27 500.00
5 Erosion and Sedimenlatlon Control 1 LS $ 33.400.00 $ 33 ,4 00.00
6 Pre & Post Consirvclfon Video 1 LS $ 1.750.00 $ 1,750.00
7 Goneral Restoration 1 LS $108 500.00 $ 106,500.00
Ba Concrete Orivawa v Reolacomont 220 SY $ 90.00 $ 19,800.00
8b Asphalt Orivewav Reolaceml!nl 352 SY $ 75.00 $ 26,400.00
9 1" Type S-3 A.C. overlav oor CC R/W de tail 6 500 SY $ 10.00 $ 65,000.00
10 Qpon-Cut Trench Restoration 2 510 LF $ 54.00 s 135 540.00
11 6" Thick Concrete Sidewal k 390 SY $ 04.00 s 24,960.00
12 De tectable Warnina Mats (Embedded In Conc rete) 7 EA $ 450.00 $ 3,150.00
13 Sod 10 050 SY $ 6.00 s 65.100.00
14 Sionlno and Striclno , LS s 23 000.00 s 23,000.00
15 Sidewalk and Lane Closure Fees 90 DAY $ 375.00 --s 33.750.00
SEC TI ON 2
ITEM DESCRIPTI ON : QUAN TITY UNIT UNIT .COST$ SUB TOTALS
16a 12'x18' ERCP 24 LF s 126.00 s 3.024.00
16b 15" RCP 28 LF s 105.00 s 2,940.00
17 Tyce '0" Inle t 1 EA s 3,000.00 s 3,000.00
18 Mitered End Section 5 EA $ 1.500,00 s 7,500.00
19 Swale Ros torallon (gradlnA) 3685 LF $ 6.00 $ 22,110.00
SECTIO N 3
ITEM DESCRIP.TION QUANTITY IJNIT UNI T COST $· ·SUB TOTAL $
20a lnsl all 20" HOPE lfitUnos Included\' :J,983 LF $ t)4.00 $ 334,572.00
20b Install 12" HOPE tfilllnos Included I • 25 LF $ 160.00 s 4 000.00
20c lnslall 1 O" HOPE <flttlnos Included l • 90 LF $ 335.00 $ 30,150.00
21a Install 20" Pluq Valve • 9 EA. $ 2.150 .00 $ 19 350.00
21b Install 12" Pluo Valve • 4 EA $ 1,375.00 $ 5 500.00
21c ln slall 10" Plua Valvo • 1 EA $ 1,375.00 $ 1,375.00
22 lnslall 3,inch Air Relea se Valvo <Pedestal Type)• 7 EA $ 1,600.00 $ 12,600.00
23a Install 16" Hot Tao & Valve · 1 EA $ 3.870.00 $ 3 870.00
23b Install 12'' Hot Tao & Valvo ' , EA $ 3,200.00 $ 3 200.00
23c Install 10" Cold Tao & Viilve • 1 EA $ 3,100.00 $ 3.100.00
23d Install 12" Cold Tao & Va lve • 1 EA s 3 200.00 $ 3 200.00
24 Connect lo Existino Force Main and Mas ter Pumo Station 4 EA s 4.400.00 s 17.600.00
25a Oirectlone l Drill 20 '' DR 1 1 HOPE· Alroort ( i 465 LFl ' t LS S 242,000.00 $ 242 000.00
25b Directional Drill 20" DR 11 HOPE · Dav is 1620 LF l ' 1 LS S 116,000.00 $ 11 6,000 .00
26a 10" Vertical Deflections 1 EA $ 3.000.00 $ 3 000 .00
26b 20" Vertical Deflections . IQtv. 6 added for un foreseen conditions I 11 EA $ 3.150.00 $ 34 650.00
27 Fi eld Ad lustmonts of exislino Sanltarv Laterals in conflict with new Force main 1 LS $ 10,000.00 $ 10 000.00
28 SeW3!le Pumoer Truck (durlna PS shutdown) 22 HR $ 450 .00 $ 9 900.00
203 10" Linostoo 30 4 Stainless Steal I Oollonal , i/ needed\ 2 EA $ 11.000.00 s 22 ,000.00
291) 12" Llnestop 304 Stainless Stool (Opll onal.11 needed) 2 EA S 11,500.00 s 23,000.00
$ 1,856,1 21.00
30
Allowance ; Compen sation for unforseen condilionG will bo made at the appropria te
contract price based on lump sum. unll price or time Md materials depending upon 1 TBD S 200.000.00 $ 200.000.00
the nature oc l he work.
Total $2,056,1 21 .00
• Th o so mater tals aro goi ng to b o su ppllod by Collie r Cou nty
MATERIA LS SUP PLI ED BY COLLI ER CO UNTY
ITEM DE SCRIPTION . QUANTITY UN IT
20e 20" HOPE Cllltlnos lncludedl 6,068 LF
20b 12" HOPE ffllllnas Included) 26 LF
200 1 o· HOPE lllttlnos included\ 90 LF
2 1a 20' Pluo Valve 9 EA
21b 12" Plua Valvo 4 EA
210 1 O" Plug Valve 1 EA
22 Install 3-lnch Air Release Valvo (Podeslal Type) 1 EA
23u 16" Hot Tao & Valve 1 EA
23b 12" Hot Tao & Valve I EA
23c 10" Cold lao & Valve 1 EA
23d 12" Cold Tap & Valve 1 EA
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
9
Construction Services Agreement: Revised 072118
Co~er County
~
Administrative Services Division
PrOi".urcment Servicee
Email: Barba ra.La nce@co lli er co untyfl.gov
Telephone: (239 ) 252-8998
Addendum 1
Date :
From:
To:
Septe mb er 10, 20 18
Barbara Lance, Procurement Strat egis t
Interested Bidders
Subject: Addendum #1: So licita t ion It 18-7473 M PS 308 For ce Main Improvements
Th e following clarifications are iss ued as an addendum identifying th e fo llowing clarification t o t he scope
of work , changes, deletions, or additio ns to the origin al solicitation doc um ent for the referenced
so li citat ion:
Question 1:
I just want to request a copy of the plan holders list and pre bid sign in sheet if available and also if
ther e is any Adde nda is sued to date?
E-,nswer 1 :
r1. We do not co nt rol the Pl an ho lders li st and is a function of Bi dSy nc I am not able to see. To
view t he Plan holders li st, you mu st go into t he So li citat ion, and click the "p lan holders li st"
Tab. You may need to per iod ica ll y check b ack.
Addition:
a. Copy of Sig n-I n Sheet has bee n upl oaded as: 18-7473 Pre-Bid _Sl gn -ln Sh ee t _Addendum 1
Clarification:
b. This Is th e first Addenda Issued. Any future Addend a will be po st ed directly i n BidSy nc.
C: Mike St eve ns, Pro)e ct Manager
Please sign below and r~turn a copy of this Addendum with your submittal for the above referenced
solicitation. · ·
. ~~~-
(Slgn atu re) '-louis.J .. Gaud ;::;esldent
9110/18
Date
Quality Ente rprises USA, Inc. ·
(Nam e of Firm)
Cjf{e-r County
~
Administrative Services Division
Procurement Services
Email: Barbara.Lance@colliercountyfl.gov
Telephone: (239) 252-8998
Addendum 2
Date: September 21, 2018
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum# 2: Solicitation# 18-7473 MPS 308 Force Main Improvements
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
QUESTION/ANSWER:
Question 3:
Bid item 20 is to install the 20" line and bid item 25 is directional drilling in two spots. Should
item 20 be for the direct burial only and the quantity be reduced to reflect that and have the
quantity of the directional drilling be changed as well since they are different types of work?
Answer 3:
The pipe quantity estimated for the directional drills (1465 + 620 feet) is moved from Item 20a
and will now be included in Items 25a and 25b, respectively. These are lump sum items and
no additional payment will be made for drills exceeding the estimated lengths. The drill
lengths are for informational purposes only.
Change:
"Bid Schedule" has been updated and replaced with:
18-7473 Exhibit A-l_Bid Schedule_Addendum 2
CC: Mike Stevens, Project Manager
Please sign b~low and return a copy of this Addendum w.ith your submittal for the above re.fer~n.ced
, .· . . . .. . . '
solicitation.
{Signature) Lou is. J, Gaudio, Vice President
Quality Enterprises USA, Inc.
{Name of Firm)
Co~er County
~
Administrative Services Division
Procurement Services
Email: Barbara.Lance@colliercountyfl.gov
Telephone: (239) 252-8998
Addendum 3
Date: September 21, 2018
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject: Addendum# 3: Solicitation# 18-7473 MPS 308 Force Main Improvements
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change:
The Last Day to "Receive Bids" has been extended to:
3:00 pm on October 3, 2018
CC: Mike Stevens, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
9/21/18
(Signature) Louis J. Gaudio, Vice President Date
Quality Enterprises USA,. Inc.
(Name of Firm)
FORMJ~Bll)RESPONSEFORM . .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MPS 308 FORCE MAIN IJVIPROVEMENTS
BID NO. 18-7473
Full Name of Bidder Quality Enterprises USA, Inc.
Main Business Address 3494 Shearwater st. Naples, FL 34117
Pince of Business 3494 Shearwater st. Naples, FL 34117
Telephone No. ---=2=3=9_-4,_4=3'--7,...,2=0'-=0'--____ Fax No. __ 2_3~9~-~4~35~-~7_2~02~------
State Contractor's License # __ C_B_C_A_5_72_3_1 ____ C~U_C-'-0_5_7_3~9~8 ___________ _
State of Florida Certificate of Authority Document Number __ 5~4_-~0-9_4~7~0~0=2~----------
Federal Tax Identification Nurnber_~F~9=5=0=0=0-0=0=2=5=5=0~-----------------
DUNS#~ __ 0_5_09_9_7_38_6~-CCR# ____ N_/A _____ Cage Code __ O_X_M_Z_7 ___ _
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 fonn 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, lo 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
rcfom:d to in the Contract Documents in the manner and time herein presc1ibed 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 fonh 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
arc inadvertently provided, rounding to two clccimal points will he conducted by Procurement Services Division
staff.
Chris Speros
Matt Casey
MPS 308 FORCE MAIN IMPROVEMENTS
Bid No. 18-7473
Personnel Catego1y
Constmction Superintendent
Project Manager
FORM 3 -MATERIAl-1 MANUFACTURERS
T HI S FORM MUST 13E COM PLETE D OR lllD S IIALL BE Dll:U:Mlm NON-RRSPONS IV E
All Bi dde rs shull confi rm by si1:1nature th nl th ey will provid1: th e 1t1nm1fnctmers and ma teri als ou1 li11 ed in th is Bid
specifi cat ions, in cludin g co mp linn cl} with Fl or id a Stat ute 255.20 to prov ide lum ber, timb er nnd oth er fore st produ cts
pro du ced and manufactur ed in the Sw te ofFlorida as lon g us the pri ce, fitne ss and qunlit y an: equa l. Ex ce pti ons (w hen
eq unl s nre nccep tnble) may be req ues ted by comple tin g th e Mnt eria l Manufacture r Exception Li st below. Ir nn
exce ption for a manufacturer an d/o r mat erial is prop ose d and li sted below and is not npp rovc d by Engin ee r/Projec t
Mn nage r, Bidde r shu ll fu rni sh th e manufacture r m1111e d in the spi::ci fi cn ti on. Accep tance of this fo1m docs not co nstitute
nccep ton ce of muter in l proposed on thi s li st.
Co mplet e and sig n sec tio n A QB 8.
Secti on A (A cccp tunc c Mnll m:11rnfnc l11res und muteriul s in Bid sp ec ific ations)
On beha lf o f my firm , I co nfi rm thnr we will use all manufa cwrers and materinl s as specifi ca ll y o utlined in
the 8 id spec i fi cntio ns.
Company; _Qua lity Fnterpcis..oe.,,s_._l-"lSucA..,..,..ulOLIJCu-----------
~ .. :.::=r<:.:?"" -
Signntur~ _ _y....._;>
tools J.Gaudio, Vi ce Presid en t
Date: 10/03/18
Sec ti on B (Excepti on requeste d to Bid spcc ifi cnti011s n1an ufnc tu n:rs and matcrin ls)
P.XC8PTION MATERIAL EXCEPT ION MANUFACTURER
I.
2 .
3.
4 .
5.
N/A
Plense in sert addi ti ona l p:ig.cs us necessa ry .
Comp any;-----------------------------
Signnture: _______ ....:.,.. __ .;.__ _________ ._.;,._ Date __ _
Ji'ORM 4 -,LIST Of MAJOR SUBCONTRACTO RS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONS IVE
The undersig ned s tates that the fo ll ow in g is a I isl of the proposecl sub con tnic lo rs fo r th e mujor ca tegor ies outlined in
the requ irements of the Bid spec ifi ca tio ns.
The under signed ack nowled ges its respo nsibility for ens uring thnl th e Subcontractors fo r the maj or ca tego ries li ste d
lmein ore "qual ified'' (ns defined in Ordinance 20 17 -08 nnd Section lS of Instructions lo Biddcr·s) and meet nil lega l
requ ir eme nts appli cab le lo and necess itat ed by the Co nt rac t Documents, includ ing, but not limi ted to proper licenses,
cc rtilicut ions, regis trat ions an d insura nce covcrnge. Th e Own er rese rves the ri gh1 to disqualify ony Bidder who
include s no n-comp liant or non-qualified Sub contrnc tors in its bid offe r·. rrnther, th e Owne r mny direc t the Successf\1 1
Bidder to remo ve/repl ace any Sub co ntrn ctor, at no 11dditionul cost to Owner, which is round to be non-com pliant with
this reqt1ireme 11t eith er before or afte r th e issuance of th e Aw ard of Co ntract by Owner. (Atta ch addit ional shee ts as
needed). Further, t.he undersigned acknowledges and ag rees that prompt ly flf1er th e Award of Contruc t, nnd in
accordance with the requi rement s of th e Contrac t Documents, the Success ful Bidder sha ll identify all Sub contrac tors
it intends lo use on the Project. The unders igned fnrther agrees th at a ll S ubcontrac tors subsequen ll y identified for any
po rt ion of wo rk on this Project must be qualifi ed as noted above.
'. ,,· . ,· .... ,;. ,;· :• r i'r l
,,
tvlajor Galeg~ry :~f Wo rk ' .: 'Subcon tractor and-Address .,' " }_ .,
•. ,. ',.. ' I '1 ( • I · -... ~.:;. (._: .:,. ., .... .
1. Elec trical N/A
2. Mechanical ,,,.
3. Plumbin l! IJ/A
4 . Sit e Work ....
5. Id en tify other su bcontractors
that represent more th un I 0%
of price or th at a ffcct th e ,~ 1 (l.__ critica l onth of th e sc hedu le
_ Cqmp<i ny : 'Qualit~ Enter prises USA,.ln c. , · ·
,..,. I I I ~-...... --1"~ ,•
. . .-r<'~ ..--~ ~ .. Signature: ,/ ·~ __ )
. ' . · (....J,.ou is.J .,ea1Fcliq, Vice Pr~sl~ent , .
li'ORMS-STATEl\'IENTOF .EXPERTENGE()FDIDDER ' ,
T he Bidde1· is require d to state below wha l work or sim ilar magn itud e completed within th e las t
five (5) yea rs is a judge of its expe rie nce, sk ill and business s tanding and of its ability to co ndu ct
the work as complete ly and as rapidly as req uired under the terms of the Agr eemen t.
I.
2.
J .
.G.Qo.dlaod Pcive Wa termaio ReRtacement
(project name)
_Naplf).s._._. ________ _
(project locati on)
Watermain I nstall ation
(proj ect descripti on)
5/20 17-11 /20 17 $1,10 3.431.00
(p roject stait /com pl etion d111es) (co ntroct vrilue)
Border Road Watermaio Extension_
(project nam e)
_ Ven le,.....,_....._ _________ _
(project location)
Water main Install ation
(project descripi ion)
01/2016-07/2017 $ 687.166.70
(p rojcct :,tu ,t/cornplet ion dat es ) (contract value)
Jrop.erlaLG.ulLC.aurse Watecmaio Rep laceme.o.t
(project name)
~pies El
(project location)
Watermain Installa tion
(projec t description)
_.9/2017-4/2018 $ :l,124 529 90
(pr~jec t start/co mpletion dates) (contrac1 va lu e)
Collier County_E.ubli.c...Ut.iliw'li,:;e~s------
(project owner)
3339 Iaml.amL.Irall East Nap.las....EJ.M,~1~1-2 __
(Ow ner's ad<I rcss)
.Qs.caLM.ar:lluoei:.,2'------
( 0wner's co nt act person)
PrajecLManageL
(t it le)
239-252-62 14
(phone)
QSC.Afi.~EZ@COl.LIEfil:O.lJNTYFL.GOV
(ema il )
qty_oD!.eolce..Utiliti.esJL\Last.a.w.ater...IreatmenLP la nt
(projec t ow ner)
.200 Warfie ld Ave V..en.i.ce,.£L.3A28-5, ___ _
(Owner's addres s)
.8lephen MacEacbero
(Owner's contact person)
E.cQjec;t Engineer Stantec
(L i lie)
.9.4..1:.225-6 1 ZZ
(phone)
filEE1:1EN.MACEACHERM@STANTEC.COM
(email)
__co11tac..C.auoly_e_ubtlc..Uiilitie_,_ _____ _
(project owner)
3339 IarnLam.Lirail EasLNaple.s4_E.L.3..41.12_
(Owne r's address)
_Jte,n-8.ul.lu.ei.1..Jrt..______ Sr:..Rroject..Manager
(Owner's contact perso n) (titl e)
239-252-25.83_ BEN !AM IN aLILl.E.BI@C.QLLIERC.OUNTY.GOV
(p hone) (ema il)
FO RM 6-TRENCH SAFETY ACT
B idde r acknow ledges tha t included in th e vorious it ems of th e bid and in the Toto ! Bid Pr ice are co sts for com plying wit h the Fl ori da
Tre nch Snfcty Ac t (90-96, Lu ws of Flori do) effect iv e Oc tober I, 1990. The Bidder furt he r iden tifie s the cost to be summari zed below:
1 .
2.
3.
4 .
5.
Tr ench Safe ty
Mensu 1·c
(Descrip ti onl
Sloping
U1tit s of
Measure
(LF,SY l
LF
Unit
(Quai1ti!:Y.l
4 , l 50
Un it
Cos t
$ 6 00
Ex tend ed Qlli
$24 ,900.00
TOT AL S 2 4,90 0 .00
Pai lu re to compl ete th e above mny result in th e Bid bei ng dccllll'e d non-respons ive.
Compnny: ---°.~e.s...USA.,-J.Lln,.,..c..._ _______ ---
Date: -1Dl03L1.8 ___ , __ ,
KNOW ALL ME!\ BY THESE PRESENTS, that we Quality Enterprises USA, Inc. (herein
after called the Principal) and _ Fidelity and Deposit Company of Maryland-·······' (herein called the Surety), a corporation
chartered and existing under the laws of the State of Maryl~~-'! .... __ with its principal offices in the city of_ Schaumburg
and authorized to do business in the State of ______ Florida___________________________ are held and firmly bound unto the
Collier County Board _of County_ Commisioners (hereinafter called the Owner), in the Fu II and just sum of
-Five-Percent-of-Amount-Bid··· dollars (S 5%-of-Bid·· ) good and lawful money of the United States
of America, to be paid upon demand of the Owner, to which payment well and trnly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and
incidentals nc:cessary to furnish, install, urnl fully complete the Work on the Project known as Bid No. 18-7473.
NOW, THEREFORE, if the Owner shall accept the Biel of the PRINCIPAL and the PRINClP AL shall enter into the required Agreement
with the 0,rner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such
bond or bonds in rm amount of 100% the total Contract Amount as specified in lhe Bidding Documents or Contract Documents with
good and sufficient surety for the failhfol perfortnance of the Agreement and for the prompt payment of labor, materials and supplies
furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond
or bonds, and deliver lo Owner the required certificates or insurance, if the PIUNCIPAL shall pay to the OBLIGEE tlie fixed sum of
$_ 5%-o!_::-_13J!_I ________ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation
shall be null and void, otherwise to remain in full force and effect.
IN TESTI:\!OJ\Y Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this _27th day of
~tember ______ , 2018
BY
Quality Enterprises USA, Inc. -------------------,.,···,.=er-~~:-·· ·
--r-/_''_" ____ -c=-=--~---~"·-·"----·--·-------------
Louis-j;·-cai:i'd io, Vice President
Fidelity and Deposit Company of Maryland
Principal
(Seal)
Surety
(Seal)
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement fom1 attached to the Bidding
Documents within ten (I 0) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as requir~d by the Contract
Documents. The 'oid security attached is to become the proptJrty of the Owner in the event the Agreement, Insurance Certificates and
Bonds are nol exeeuted and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional
expense tn the Owner, it heing recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder
fails to execute and deliver to Owner the rcquired Agreement, Insurance Ce11ificates and Bonds within the required time period. In
the event of such failure, the total amount of Owner's damages, will he difficult, ifnot impossible, io definitely ascertain and quantify.
It is hereby agreed that it is appropriate and fair that Owner rec<:ive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, nnd Bonds as required hereund<Jr. 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 patties ugree represents a fair and reasonable estimate of'Owncr's actual damages at the time of bidding if the Successful
Bidder fails lo e.'i.ccute am! ueliver 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 stipulutecl in the written Notice to Proceed unless the Project lv!anager, in
writing, subsequently notifies the Contractor of a modified (_later) commencement elate. The undersigned further agrees to
substantially complete all work covered by this Bid within Two Hundred Thirty (230) con~ecutive culendar days, compmed by
excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance
by the Owner within Sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement elate
and including the last day of such period.
Z Ult lCJ I AM EHi C AN I NSlJIUNCI-: COM P1\NY
COLON IA L AMERI C AN C A SUALTY AND SU R F.TV COl\11'/\NY
Fll>ICLIT\' AN D IH;l'OS l'J' C O/l'l l'ANY o r MA n \II.AND
PO\>VF.:R or ATT ()RN£Y
KNOW /\I.I , MEN 13Y 'IH ES E Pll.ES I\NT~: Tllal th c ZU l<I CI I ,\M EIU CAN INSURANCE COlvl l'AN V, u corporation ol'lhc Sta te ofNuw
Yo rk . lhc COi ,Q NIA I. /\MEl~ICAN CJ\SlJAl.TY /\N I) SL/R l ffY COMPANY. n corpora tion of"tl1c Stntc ol" tvlar y lnnd, fllld th e FID l ::I.ITV
i\N () l)li l'OS l"I CO MP ANY OF MARY LAN D a corpora ti on or th e Stn tc of Murylund (hcrci n wllccl i vc l)' called the "C<11npanic~"), by
M t('II A F',1, RON O, Vic e l'r1>s l1lent , i11 pursunm:c u r uutlwri l y gn111 tl'd by /\niclc V, S~cl inn 8, 111" th e By-I ow ~ or sa id Compnnius, whic h
urc :;d forlh 011 the rcvcr$C side hm:o f nml nrc hereby cc rlili ccl to bi.: in li1II forllc and ~lli:ct 0 11 1111: date hereof, do hcn:by nomi nate,
co n~lill ll c, and 11 pp oi11t Ma1 •k C. UUNOY, Tum my A . WAR)), Terl'i I(, STRA W II AND, Daniel J, GHYGO and J<at hryn SNl'.:Ll,, ri l l of
Virg in in Beach, Vlrgi nin, ~AC M ils trn c 111HI lawth l agc111 1111d AltornO)'•in -Fncl, to make, execute, s eal und d el iver, fo r, un<I on i ts hclwlf'
ns s11rcty . und i1s its ncl nml deed: nn y nnd oil bonds n nd 11n<lcrta l<ir1gs, and lhc exec uti on n r such bonds or und ertak ings in p11rs uo11 cc of
th ese pre sent ~. shall be ns blml i11 g upun suid Co 111pnnics, us fu lly nnd amply, ll> all intents and ])Jtrpu scs, ns il"Lh cy hud bci:n duly cxceulcd nnd
ncknowlcdged by the rcglilariy elec ted ofli cc rs of the Z.U RI CI I AM ERI CAN INSU R/\NCF, COMl'AN Y at its offi ce i n New York, N1:w
York., the rcgularl)' elected ofl1c1:rs or th e CO LON IAL /\M rm 1<:AN Ci\SllAI.TY /\ND SllRl•:T Y CO MP ANY 111 its ol"li cc in Owings
Mill s, Marylund., and lh c rcgu lur ly t.:lcctcd ol'li ce rs of the P ID~LIT Y /\ND DIWOS I r COMPANY OF MARY LAND ~l its of'li c.: in Owings
Mills, Mnry lnnd ., in th eir c111·11 proper pcr~on s.
rht: s~id Vice P1·esidcnt do lls h,.m:by co rtl l'y tha t the i;::xtrticl sc i ll>nh on th e reverse siu c hcrcoris n true co py of Arti cle V, Sec t ion 8, n l'
rh c By-L nws of said Co mpnnk~. und i.~ 110 w i n lb rcc.
IN WITNESS WHEREOF, th e sni d Y ic~-J>rcsi cl cnt hns h.:n:unt o su bscr ibed his/her n :1in1,:s and nl'l i>:ccl l hc Co rporn tc Seal s of" th e snid
ZU RI C:11 AMER ICAN l NSURANC I~ CO MPANY. COLO NIAL AME RI CAN CASUALTY AND SU RETY COMPANY, and
FIDE:L ITY AN U DEPOS IT COMPANY Of MA RYLAND . lhi ~ 26th duy ul'Junc. A.D. 2017.
Secretm:v
J\1/c ha <'I McKihbe11
ATTEST:
i'.lJIU Cll ,\i\lEIU C/\N IN S LIHANC l i COM t'i\N\'
COLONl1\l. AMl.(Rl CAN C ASUAL'!"\' ANU SlJRETV COMl',\NY
FIDl~Lrl'\' ,\N U 1)1·:l'OS IT COMl',\NY OF i\l AHY L,\NO
Vice l'r1tsid,•11/
Mfdl(fe/ 1/rmd
Slat ~ of IV ll1rylnnd
County o l' Baltimo re
0 11 th is 2(,t h dny or June, I\.D. 2017, bd<1rc lhc subsc ri!Jer, 11 Notnry Puhli c Ill" the Stnte of Mnry lnnd, dul y co mmi ssiC1Jled one.I qun lili e<l, 1\I ICIJ /\E I,
llON n , Vlt•c l'rcsidcni , 111111 i\ll C:11,U :t. 1\ICK I IJUEN , Sccrc111t")', CJ I' the C:o mpn nics. 10 me p~rsounlly known lO he the l11div id11nls oml arnccr:; dc.~c rihod i11
111111 whu cxcc111cd 1hc prc cocli11 g instrurncnl , mid uck nowlcd gcc1 lhc cxc~111 i<111 t1f some, nnd l>dng by in c clul y sw11rn , dcposolh lllld sul 1h, th nt hdshc is the s;1irl
nl'licur of the Comp imy uliirusu ic.l, 1111d 1h11l th c seal~ nrtixcd ID th~ prc~"1:din y i11s1 111111c111 11rc lh e Corp orntc Sc11 ls 111" ~uid Cu 111pr111ics, and lhol lh ij said Corpt11'11I~
Sc 11ls uml the signnt nrc ns s11d 1 ollioc r we re du ly nlfotcd ;11111 suhscri bcu 1<1 lh c suid i11slr11111 c111 b)' th e auth or ity 1111d dire ction of th e snid Corpornt ions.
POA,F "176-3814A
Co nslnn cc A, 1)111111, No111r) l'ubl ic
My l\1111111is5 1011 l:-.:1>ircs· Ju ly,,, 20 19
EXTRACT FROM BY-LAWS OF THE COMPA NIES
11 /\J11i;I.: V, Scctio 11 8. i\ttorncys-in -Foct. T he Chief l~xoc ut ivc Officer , the flrcsid~n~ or nny i;xec utive Vh.:c Prcs id1ml or Vice Prc ~itl i::11t
muy, by wri11<:n instrumen t tinder the a1l es1ed corpo mte si:n l, nppoi nt 11uomcys-i n-f11 ct wi1h uutho ri ty lo execu lti bo nd s, policies,
ri:cogn iznncc s, sti pu lations, unde rt aki ngs, or other like i11s tn1 1m:n ts on behal f of th e Cornpn ny. nncl may outhor izc any officer or uny such
atrorncy-in -fnc t to affi x the co qio ra te sea l thcn:to; and may wit h or wi thout cause modify of rev oke nny such app ointmen t or nulhori ty nt nn y
time.''
C ERTIFICATE
I, tlu: uncler~ignt:d, Vice Pr.::si dc11t of th e ZUR ICH AM[IUCAN INSURANCE CO MPANY, th e CO I.ON IAL AM mUCAN
CASU ALTY AND SURETY COMPANY, And th e FIDE LI TY AND DEPO SIT COMPANY OF fvWlY LAND, do hereby cer tify that th e
foregoi ng Power of Attomey is still in fu ll force an d effect on the da le of thi s cc rti!i cate; and I do fu1t hcr certi fy that Art icle V, Sec ti on 8, of
th e Fly-Laws of' 1he Compunies is s ti ll in force .
This Power of A1tomey und Certifici1le may be signed by facsi mil e 11n der and by au th orit y of th e fo ll owin g re~o lot ion of the 13oard oF
Directo rs c1f lhi: ZUR ICH AMERICAN INSURANCE COM PAN Y at a mee ting dul y ca lled und held on Ille 15th day of Decembc1· 1998.
RESO LVED: "That th e signa tur e orihc President or u Vice Presidcnt nn cl the attest ing signa ture of u Secretary or an Assistan t Secre tar y
and the Si:11 t ot'th c Co mpany mny be nffixcd by fa cs imile on E.tny Power of /\Ltom cy ... Any such Pmvc r or any ce rt ifica te the reof bea ri ng such
facsi mil e sig-nuture and sea l shnll be valid nnd bindi ng on th 1;: Com pany."
T hi s Power of Allomcy and Ce rtificutt: 1m1y he s igned by facs imil e und er and by a uthority oflhe follow ing re so lution oJ' the 13oard or
Dire ~tnrs or the COLON IAL AMERICAN CASU ALTY AND SURETY CO MPANY at a meeting du ly cnll ecl und held on th e 5th duy of
May , 1994, und the rc,ll ow ing re so lmio n of the Board of Directors of tli o rIDELJTY ANO OP.POSIT COMPANY OF MARYLAND at a
meeting duly c11 ll cd and held on the 10th day of May , 1990.
RESOLVED: "Timi the fn csi mi lc or mcc hani cn ll y reproduced seal of th e com pany nnd fa csi mi le o r 111cc hanicnlly repro du ce d signa ture
o r any Vice-Pres ident, Secre tary, or Assistan t Sccretnry of the Co mpo11 y, whether mad e hcrc tolbre or hen;n ll cr, wh erever nppcnring upon u
certilicd copy of any power of 11ttomey issued by the Co mp~ny , s hall be vn li d nnd binding upo n the Comp11ny wit h the snnic force and effect
us though man uall y nffi xcd.
n rN TEST IMO~)' WHEREOF, I have hrr;:un to sub sc ribed m>' nnme 1111d affixed th e co rp orate seals of th e snit! Companies,
thi sL'"l.1.bct ay or __Q!,(Jl.c 11 1 l ,.._I(_, 2o jj[_.
t,·. ) ;/fj' I
(j ,...Jl· y\ I L / I,..,"\
David McVi cker , Vice Presiden t
TO REPORT A C LAIM WITH REGAR D TO A SU RET Y BO ND, PL EAS E SU.RM IT ALL R EQU IRED
l NFORMATI ON TO:
Zuric h American ln st1 ra 11ce Co.
A ttn: Surety C laims
1299 Zuri c h Way
Schaumburg,, IL 60 196-1056
Co~er County
~
Administrative Ser/ices Dopartment
Pmcurement S13r,,1ces Div1skm
FORM 9 -CONFLICT OF L'>'n:REST AFFIDAVIT
The Vendor certifies that, to the best or its knowledge and belief, the past and cunent work on any Collier County project affiliated
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground l'ulcs -The film has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical
direction for the procurement) which appears to skew the competition in favor ofrny firm.
Impaired objectivity -The firm lrns not performed work on an affiliated past or cunent Collier County project identified
above to evaluate proposals/ past performance of itself or a competitor, which calls into question the contractor's ability to
render impartial advice to the government.
Unequal access to information -The firm has not had access to nonpublic information as pati of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in cunent or future solicitations and contracts.
In addition to this signed affidavit, the contractor I vendor must provide the following:
l. All documents produced as a result of the work completed in the past or cunently being worked on for the above-mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), docurnent(s) andior other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above b~ identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the furn (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 cuITently planned interest or activity ( financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
Finn: Quality Enterprises USA, Inc.
Signature and Datc=~J~~-----_______ 1_0_/_0~L1§_ _____________ .. ___ _
Print Name: ____ Louis...J_Gaud.io _______________________ _
Title of Signatory: Vice President ______________ ....
co1t'er County ~-Adminisb-ative Services Department
Procurement Sef',ices Oi 1,1sion
FORM I 0-VENDOR OECL,\IUTION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 341 J 2
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without coll us ion or fraud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a
formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation
pe11uins. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the
vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, snbmit a
proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this~-day of ____ Q_Q\ob_e,_r _, 20jl3in the County of
_____ _C_pllier , in the State of _.f_[Qfld~a __ .
Firm's Legal Name:
Address:
City, State, Zip Code:
Fl01ida Certificate of
Authority Document
Number
Federal Tax
Identification Number
*CCR# or CAGE Code
*Only if Grant Funded
Telephone:
ouanty Enterprises USA Inc
3494 SbeaoNAter St
Naples El 34117
F59000002550
54-0947002
239-435-7200
Signature by: ....----"~"':::-.:~:>-i a11is ,J Gal 1dia (Typed and w1itt~nL------~---""--=-.....a;;.... __ ............. ....,, ...... ...,.,. ................ ___________________ _
Title: Vice President
Se nd pn y mc n1 s to:
(required ifdiR'ercn1 from
nbove)
Con1uc1 num c:
Title:
Address:
City. S tale, ZIP
Tele ph one:
Emnil :
Ofncc serv icing Colllcr
Co unty to pl ace orders
(requi red if di ffere nt from
nbove)
Conta ct name:
Tille:
Address:
Ci ty, Stn te, Z IP
Telephon e:
Ernuil:
Scco ncl ury Contac t for thi s
S0lici111 t ion:
Ema il:
Ph o11c:
Addllio11ul Co 11t nd Jnf'ornrn tl on
CumpHn y name use d us puycc
LGAUDIO @O EUSA CO M
Sa l Mejia
SMEJ IA@QEUSA.COM
239-435-7200
Co~e;r County ~-Admnistrc1tivo Sorvicos Dep.,rtrnen t
Procurcmoot Seiv l«is D,vl'liotl
FO RM 11 • (Ml\llGRATIOl'I AH'lllt\ V IT CERTIFICATI ON
This Affidavit is required uml ~ho u Id be s ig ned, no tarized by nn author ized pri ncipal oflhc fir m and submil1 ed with for mnl so lici taiion
s ub111 ill als. Further, Vendors arc required to enro ll in the E-Verify program, an d prov ide acceptab le ev id ence of their enrol lrnc nt , a1
the time of the submi ss ion of the Vendor 's proposa l. Acceptab le eviden ce consists o r a copy of th e properly compl cte tl 11-Verify
C'orn pnny Profi le page or a copy o f the fully executed E· Ve rify Memora ndum o f Und er~tn ndi ng for th e co mpa ny . Failure to lnclnd u
thi ~ Affldnvit nnd ncccptnblc cviclcncc of cnrollmcnr in th e E-Vel'lfy progrnm may deem t he Vcndqr's proposn l ns 11911 .
l'es pon slvc.
Colli er Co unty will not inten 1ionally awa rd Co unty contra cts to uny Vendor who knowingly empl oys unauthor ized al ien workers,
constitutin g a violation of the emp loyment prov ision co nt ain ed in $ U.S.C . Secti on 1324 a(c) Sec ti on 274A(e) of til e Jrnmigrnlion
nncl Nationa lity Act ("INA'').
Col lier Co unty may cons id er lh e e mp loyme nt by a ny Vc11do 1· of unauthorized aliens R vio lati on ofSec1ion 274A (e) o flh e INA. Suc h
ViQ!ntion by the recipi ent of lhe Empl oy menl Prov isions con to im:d in Se c ti on 274A (e) of the IN A shall be gro unds tor unil atcrnl
terminat ion of1he contrac t by Cc>ll ier Co unt y.
Vendor all ests th at th ey are full y com pliant wi 1h all ap pli cab le immi grn tio n lnws (s pecifically to th e 1986 fmmigrn ti on Act and
s ub st:qttc nt Amcmlment(s)) nnd ngrecs to comp ly with lh c prov isions of the Memorandum of Un dcrs ta11di11 g with E-Verily uncJ lo
provide pro o f of enroll ment in Th e Ern ploymcnl Eli gib ili ty Ver i fi cali on Sys tem (E -Veri fy), opern ted by th e Depo rtment t1 i'l lo1nclan d
Security in pa rtnership w ith thi: Soclu l Security Adrnin is t rntion nt the lim e of s ubm iss ion of th e Vendor's pro posa l.
Compa ny Name Qualily£oterp.r..ises.ilS A, In c .. _________ _
l'rinl Nnme Loujs J Gaud jo
(
___ ,.,~
Signa ture ~ _;;:::t::::.. ........._ ___ _.
Stntc of Fl orjda
C ounty of Go lli er
Tille __ v'i.ce_e.r..e.s.id enL_
Dn te _1.QLQ3.L18..._ __
The sig nee of th ese Aflidnv it g1inra11tces, as evidenced by th e swo rn nffidnvit requ ired herein. th e truth and accuracy of thi s
nflidnvil to interroga tories hereinafter mnde.
Comm ission No .: GG1288
FORM 12 • Vrnt)OH SU!lSTlTUrn W -9
Rc11u cs1 for Taxpayer lclc n ti11 c11 tl o11 Number nnd Cc 1·tl l1 c11!10 11
In nccordnnc e wit h the lnlern nl Reve nue Serv ice regulutions , Co ll ier Co unt y is re quired to co llect the fo ll owing inform at io n
fo r tnx report in g purposes from individunl s nnd co mpanie s who do business wi th lhe C'()unt y (including social securi ty nu mbe rs
if used by th e individual or co mpa ny for tax n:p ortin g purpos es). Flor ida Statu te 119.071(5) r~q uires th al the oounty
uot i fy you in wr iting of the renson for collect in g this infomrnli on, which wi ll be use d for no other purpo se lh nn he rein st al ed.
Pl ease com pl e te nll inform atio n that applies to you r bu si ness and re turn with yo ur qu ote or prop osa l.
I. Ge nera l l n fo1·ma tlun (prov ide al l info1111ntion)
Taxpayer Na me ____Qu.aliiy Ent.srp.cis.es_USA,Jnc.
(a s shown on income la x return)
13usin ess Name (ifdifterent fi'om taxpayer na me) Naples, FL Addres s 3494 Shearwater St City
Stnte Florida Zip 34117
Telephone 239-435-7200 Email LGAUDJO@QEUSA.COM
O r de r ln for mntlo n (M ust be tlll ccl out) Re mit / l'oy me nt lnfo r mfltio n (Mus t he llllcd ou t)
Address 3494 Shearwater st Address 3494 Sh earwater st
City Naples Stntc El Zip 341 17 City Naples Stnte FL Zip __ 3.itl.11_
Email LG8UD1Q@QEU...Sh.CQM Emnil 1:LIIILEI QN@.QE.USA.c_QM
2. Compn ny Status (c heck onl y one )
___ Indi vidual / So le J>rnp ric101· I ...1L.Coqioralio n 1-P11rt11crship
_Tax Ex empt (Fecl ero l incom e tnx-e:<em pl entit y ,____ Limited Liability Co mpa ny
und er Interna l Rcv cnt1c Sl!rv iccguidel in es lR C E nt er t he t11 x classlfico t lo n
50 I (c) 3) (l) = Di sregu rded Entity, C = Corpora lion, r = Partnership)
3 . 'ro)q rnyrr ld cntl flcnt ion Number (for tnx reporting purposes only)
Fed ti rul Tux ld en tili c~tinn Number (TIN) _5__4.:.09 ~[Z.00,L---------------------
Vendors wh o do not hnve a T IN, will be re~ uired to rovide fl socia l sec urit number ri or to 1111 award).
4. Sign nnd Dute Fo l'm: Cc1·tl fl catio11 :
Uncle r ucna lti es ofocriury. 1 certifv that the information shown on thi s form is correct to nw knowledge ,
Signnt~ Date
jQL03Lj8 .1-.-)-
Got1iS-.J:'Gaudlo
Title Phone Numbe r
'.'ilic_e.ELe.s.Ldent --2.aH3.5-I2QQ
IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should
check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed in Bidsync:
1. Constmction bid instmctions form
2. Constmction services agreement
3. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
1. BidForm(Form 1) 10. VendorDeclarationStatement(Form 10)
2. Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification
3. Material Manufacturers (Form 3) (Form 11)
4. List of Major Subcontractors (Form 4) 12. Vendor Substitute W-9 (Form 12)
5. Statement of Experience (Form 5) 13. Bidders Checklist (Form 13 -this form)
6. Trench Safety Act (Form 6) 14. Business tax Receipt (Collier County
7. Bid Bond Form (Form 7) Businesses Only)
8. Insurance and Bonding Requirements (Form 8) 15. Signed Grants Provisions Package (if
9. Conflict oflnterest Affidavit (Form 9) applicable)
9. Copies ofrequired information have been attached
1. 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
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
10. If required, 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 acknowledgement form attached and included.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise
the Bid cannot be considered.
Quality Enterprises USA, Inc.
Bidder Name
~Lo11is,/
Signature & Title
Ga11dio,Vice President
Date 10/03/18
State of Florida
Department of State
I certify from the records of this office that QUALITY ENTERPRISES USA,
INC. is a Virginia corporation authorized to transact business in the State of
Florida, qualified on May 25, 1995.
The document number of this corporation is F95000002550.
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 24, 2018, and that its stah1s is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Gi11e11 1111der my hand and the
Great Seal of the State of Florida
at Tallalwssee, the Capital, this
the Tive11ty-fo11rt!, day of Ja11t1£IIJ',
2018
~()~_
Secretary of State
Tracldng Number: CC5094720198
To authenticate this certificatc,visit the following sitc,cntcr this number, and then
follow the instructions displayed.
h ttps: I /se rvices.s 1111 biz. o rg/Fil in gs/Ce rti lie a tcO fS t:1 tus/Cc rtilica teA u then t ica tio n
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 001263
COLLIER COUNTY TAX COLLECTOR· 2800 N. HORSESHOE DRIVE· NAPLES FLORIDA 34104 • (239) 252-2477
VISIT OUR WEBSITE AT: www.colliertax.com
LOCATION 3494 SHEARWATER ST
ZONED: COMM/PUD
THIS RECEIPT EXPIRES SEPTEMBER 30, 2019
~ ,-~ ....... ~
/"/\€}" . C-Q//··,,
, \., ~'F-» VA;
DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION ..
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
BUSINESS PHONE: 435-7200
STATE OR COUNTY UC#: CB CA57231
/ V ,,...""'" LEGAL F?RM°"' " ; y 'I,~··\ .,/0 ,/ . Cor'..~~~tipn ·•.· :, ; j. .. \, QUALITY ENTERPRISES USA, INC.
i (J I r-~:.. <h ', I \ \MURRELL, HOWARD J JR
' I ·/ '1
" 1 1
3494 SHEARWATER ST r t NAPLES, FL 34117 • ')j •.,.1'.',· • t :
• \ I ,< .;"' • I 4 j ~ ~ • ~ ~:J1·~~ "';._ Jl"''. 4 'l"
31-40 EMPLOYEES ' ." '\ 1 ' , r • · } .<l \' ' "4 .. / \ ;f !Jr'' .. ';
CLASSIFICATION: OS-BUILDING CONTRACTOR 1
"' ' fl ·
CLASSIFICATION CODE: 05104801 ~~ '\,.,,"*: .., .... ," Q~/'
This document is a business tax only. This is not certification that lic~ns~!rs ~fie9. -., ~ . C"'
It does not permit the licensee to violate any existing regulatory zoning lawsof:t~~@ee~w~ntas
nor does it exempt the licensee from any other taxes or permits that may be required by-law:-.....
-THIS TAX JS NON-REFUNDABLE-
DATE 08/28/2018
AMOUNT 72.00
RECEIPT 500-19-00067943
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830
COLLIER COUNTY TAX COLLECTOR. 2800 N, HORSESHOE DRIVE· NAPLES FLORIDA 34104 • (239) 252-2477
VISIT OUR WEBSITE AT: www.colliertax.com
LOCATION: 3494 SHEARWATER ST
ZONED: COMM/PUD
THIS RECEIPT EXPIRES SEPTEMBER 30, 2019
,.,.,·"'{Ft c'cs·--, DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION.
FAILURE TO DO SO JS CONTRARY TO LOCAL LAWS.
BUSINESS PHONE 435-7200
STATE OR COUNTY LIC #: CUC 057398
,"V .··--..... VA·. / 'v .,.,,,.. LEGAL FOR~t' ' . V '· ' / 0 ,/ "" Cor~~r_a,\ip~ .. ·• .. ~-~. /"),.~\ QUALITY ENTERPRISES USA, INC.
V I ',\" 4(h '• l \. ',MURRELL, HOWARD J JR.
J v' ' 3494 SHEARWATER ST
t 1 r:,JAPLES, FL 34117
t :~ :,i;;,--~.. f '
.. 1' ~ • 1 < .. lo: • '
31-40EMPLOYEES \ \. .·"7;,_~;:'f""';r··. , I
CLASSIFICATION: UNDERGROUND UTIUEXCAVfTINJ~ONTRAGTbR ," ~ ....
CLASSIFICATIONCODE: 05102801 ''<~ ',,,,,._.,...--""'p~·O.
This document is a business tax only. This is not certification that licens~ffs ~lied: . "· r /' /
It does not permit the licensee to violate any existing regulator; zoning laws,o~~~@e~~~r~ilfes·'
nor does it exempt the licensee from any other taxes or permits that may be required by law:-· ··
-THIS TAX IS NON-REFUNDABLE-
DATE 08/28/2018
AMOUNT 72.00
RECEIPT 500-19-00067943
~~~~ij%.~ ~~ ~-~
~.:)A.~~~,tS! . ::ii"· ... ~~-:t.m"a:: ~ r:,~. I• 'J
l..!:.I ;. JII: .. J.t,. • ':
RICKSCOTT, GOVERNOR ,
·sf ATE OF'FLORIDA •
DEPARTMENr;oF,8us1Afess;iN:0;~,ii:Ess1a·NALR~tt1LAT1dN-..
c' _,,,,-~,i; _, ---··="'" --> • '-'fil-d'"'• • •
THE UNDERGROUND Y5:
PROVISlr ' , /,'
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.. Do not alte,)his_documentin'any to~JTI;:•.
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.This isyourlicense. It is unlawf_tJlfc:>ranyone other than the.licensee fo~s~this document:
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: RICK SCOTT, GOVERNOR JONATHAN2.'\CHEM,SECRETARV d oa
STATE OFFLORIDA
[>EPARTMENT,(>F::eustNESS::ANB;R
•••• f ••• •••• •••••••. ·• ••• •• • •• •·••·••• • • •• : :)-.·tp~:~~~;t~·,3::f J'.:t .
CONSTRUCT;l(f.
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;;UNDER THE 't.r,.\ .. :'> -' . .. . ~ '
''tuTES
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Al.:Vays·~eiify lite~ses ()nline at MyFloridali~~;r,se.com .·
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Do not alterJhis ,documentin anyfo·rrri.
'· "·.· J • • ,, .-••• ,. ' ·, -· ' , .. ,·,, •• ', / • '· • ----··,, .....
This is your li~~nse. ltis unlawful for an yon~ other thanthe. lic:e11see to usethis document . .... ,~.· .. --... ·, .. -:~:-./, .. , .~· ,,.... ',,/ ', ,.·. , .. ·-.,--,,. ~·--··-__ -. ~· ... , · .... .,
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Emrlnycr\Vizard
liR r1
Employment Eligibility Verification
lbrno
My Pn,lilB
f.:Ji1 Pqf1le
Cornpany lnfonnation
Con1pn11y Nam~:
Company ID Nu111bor:
Doing Business As (OBA)
Name:
DUNS Number;
Page 1 of 1
Wt:lt.:inH, (hc1m LJ'Jt LQ!tlll
EILEH! l IHI Cl OM fU f(Hif; I 11):23 AM li)!JD/2010 Lo9 O!it
OU/\LJ lY ENTERPRISES USA. INC
234219
My Cornpany
Edi! C;nrnpsny P{t:,filn
Physical Location;
Addross 1:
M;iiling Address:
V,ew Exisilng U~ers
C1oso Corrparry /v:.on.:nt
My R:esourt:C'S
Vif.rw Esuwtt,at r~r.1$t)urr.t:$
Ta~,e Tvlonal
C<inl,1c1 Us
Address 2:
City:
Stato:
Zip Code:
County:
Additional Information:
:we Tl~JTEf<N CT
CHES/\Pl'/\KE
V1\
2'.l320
CHES/\Pb\KE CITY
Addrnss 1:
Address 2:
City:
State:
Zip Code:
Employer ld<rnlification Number: 540947002
l'otill Numbor of Employees: 100 to ,\\19
PMont Organizatlon:
Admin1strntor: OUt\LI TY t;NTERPHISES USA INC
Organization Designation:
Employor C~tegory; Federal Contrador without F i\R E-Vmify Clause
NAICS Godo: 238 • SPECl1\L TY TH1\DE CONTR/\CTORS
Tot-11 Hiring Sitos:
Tot~I Points of Co1,tact: :1
ht!ps:/ le-vcri f'y. uscis. gov/cmp!ErnployerW izard. aspx 10/1912010
10/4/2018
(
\
Detail by Entity Name
Dermllm@t of State / Div[sion of Corporat_ions / Se!lffih_Recqrds I Detail By.Document Nurnhfil /
Detail by Entity Name
Foreign Profit Corporation
QUALITY ENTERPRISES USA, INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
.e.rinciP-al Address
F95000002550
54-0947002
05/25/1995
VA
ACTIVE
3494 SHEARWATER STREET
NAPLES, FL 34117
Changed: 11/04/2016
Mailing Address
3494 SHEARWATER STREET
NAPLES, FL 34117
Changed: 11/04/2016
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301
Name Changed: 12/04/2017
Address Changed: 12/04/2017
Officer/Director Detail
Name & Address
Title PD
MURRELL, HOWARD JJR.
3494 Shearwater Street
NAPLES, FL 34117-8414
Title ST
DiV!SlON OF COHPOHATION~)
MURRELL. STACEY
http://search.sunbiz.org/lnquiry/corporationsearch/SearchResultDetail?inquiry1ype=EntityName&directionType=lnitial&searchName0rder=QUALITYEN... 1/3
10/4/2018
3494 Shearwater Street
NAPLES, FL 34117-8414
Title Officer/ Assistant Secretary
Murrell, Allison B
3494 Shearwater Street
NAPLES, FL 34117-8414
Title VP
Gaudio, Louis J
3494 SHEARWATER STREET
NAPLES, FL 34117
Annual ReP-orts
Report Year
2017
2017
2018
Document lmag~
Filed Date
02/06/2017
05/02/2017
01/24/2018
01/24/2018 •• ANNUAL REPORT
12/04/2017 •. Reg~.6@nt Cl1!ll}gg
Q7f21/201.7 •• .AMENDED ANNUAL REPORT
05/0212017 ·• AMENDED ANNUAL REPORT
02106/2017 ·• ANNUAL REPORT
01/25120.16 ··.ANNUA.1...RffORT
01/29/2015 ·~J'lli~£PORT
01/08/2014 •• ANNUAL REPORT
01/09/2013 ·· ANNUAL REPORT
01/06/2012 •• ANNUAL REPORT
11./08/201.1 •· .. Req._Agent Change
01/2712011 •• ANNUAL REPORT
02/05/2010 ·• ANNUAL REPORT
O 111412009::cAN~illAlfilfi)RT
09/26/2008 •· ANNU&_B~PORT
01124/2008 ·· ANNUAL REPORT
02/05/2007 •• ANNUAL REPORT
01123/2006 ·· ANNUAL REPORT
Q.1L1_2/200L..£1,}iN UAL_Fi!;;PORT
01/?.912004 --.. ANNUAL RJ;PQRT
02/06/2003 ·· ANNUAL REPORT
06/1312002 •• ANNUAL REPORT
0110612002 •• ANNUAL REPOF~T
04/03/2001 •• AN~t'.\L REPORT
08/28/2000 ·• ANNUAL REPORT
04/30/1999 •• ANNUAL REPORT
Detail by Entity Name
View image in PDF format
View image in PDF format
http://search.sunbiz.org/lnquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnltial&searchNameOrder=QUALITYEN ...
10/4/2018 Detail by Entity Name
IJ?JO;llH19lJ •· ANNUAL REPORT Vlow ln1000 lri PDF rormal J
04121l1907 •• A@UAL RECOBI View lmag~o~ot j
05/0111006 ·· ANl)I\IAI REPORT ~ Image In PDF r~_J
!l.f,[2511!lf)'i •· DOCUMENTS PRIQB TO )997 Vlow lmag~~n PDF r~al j
http://search.sunblz.orgllnqulry/corporatlonseerch/SearchResultDetell?lnqulrytype=EntltyName&dlrecllonType=lnltlal&searchNameOrder:.QUALITYEN... 3/3
EXHIBIT A-3 : CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Chris Speros
Matt Casey
Personnel Ca te gory
Constru ct ion Superintendent
Project M anager
10
Construction SeNlces Agreement: Revised 072118
FXH1s11. a~1: r>uauc PA vMer:tt soNo . . . .. .. . .. 1(\.747~1-. . . '•
·Bohd No. 9299684,
,¢cJntriilcl No.,_ .... 18,_,-7.....,1...,.] ..... 3 __ ~~
KNOW AL,L MEN BY THE$!; PRE'SENtS; 1h~~ Quality Enterprises USA, ln~,
-===-~--,,..,,....-,,..,...,,-=,,...-~~,...........,....,,.......-----·-·..,.,...._· ___ , as 'Prlncrpalt and
Fidelity and Deposit Compa_ny"of M~ryland . ' ' _. ' .. , T ·.as ' $U(~t~,
•lpcated 8.t. · 1299 ZJJrich Way, Schamburgrll.:&0196 . -. ... . (~Usfn!'~.
'/\ddr~ss) ate held :c1M firmly b.o'lfrid' tgsoa!d of CQunty Commission~rs,Collier ~ounty, FL as Ol;>flgee In ·the
'$UJ"(l_ qr Two Million Fi~ Eight Thous11nd One Hundred Tw~ny One Dollars a11d ,90(1,00 J~. 2,pss,121.00. ',): for .t~~
, p~yment wnereot we plnq ~UrseWes1 .our heirs, l:}xeCUtors, pel'$qMI .rfJpresentatlves, su¢c~ss9f~
arid as~l~n$! Jointly. and s(Wera!ly. ·
'W~E~l;AS I P,rl~oip~! h;as entere(j lnl.? fl l';oi){f~ct,dated a.s.of t9~ ·2.6th.'dt:iY Qt .!:'ovember .
~~ 18 " w1(tf Obl(gee. . fQr., MPS 308 Force Main Improvements. . ,· . .tn
' . ' . . ' ' ' abgqi'dantiES Witt, draW!ligiuifid :speclflcatJ~ns. I Whlt:11 c~ntr~at ls
qhq:irp9f~ted };iy fef€1r~hce and mae,Je a, part h~teof, and Is fe(~rrep:to h$relh ·as,th6',\Q6Qlf~¢t, . .
1HE COND1r101'J oP'.rJ-J1s.s~N(>'!~tMt ff i:>tinc111~1:
Promp\iy 11)~~(1~ pay,\,etit. to all blajmaht$ ~$. <!Elfin~~ .ih .~9fl9fl itss:o~,(1). Floi'id~ '$t~.\u,lesl
~ypplying P.rin~f paJ wit~ labor1 material~ ~r ~uppllesi· used tjirectly o( ii'\dlrectly bye ~rlnc;lp~l In, tna· Pt7ec~tion of the W91k 'provld~d W In th~. QQntr?m, 'than tnis ~9nd Is v9ld; otfterwlse It temaln'a iti 1yll force. · · · ·
Aj1,}, ~ft~r,ges ln pf unaer lhe Oontrc1ct .. and coipp!iaijce or n6.~tlornptia~oe wl~h a,w fdr~IJlief>
·.~onne6ted With the Contr~9t or the cnfJnges do:n.ot ~ff ect SL1rebt:1.s>ob1igat1i:>n. 11.nder this 0Qno •
• ' • • • t ,_,, • • ' • . ~ ' ~ • • • • ~ • • •
Jh.e pr<>vlslons of 1hl$ bol')d .are $Ubject.to the tirne,1lirnitaUons or $eC,ti~n ~U,6,09{2). In nO: ~vent
villi the $urefy b<:i liabk) in t11e ~ggreg(lte t9 cfalni~'u'lts fi:>r rnot(;l tt,an the ,:ienal s1.1m pf thl.s P~Yh1ent
;8on<j; rt':lgartjl~s~ of(he f1Ut}1bE31' ofs\.iits (hat m~y'oe file~ by blililYH:-i~ts. . . . . .• .
IN WITN8$S WHEREOF-, th~ above parties have, ~x,eclt.,~ tnis in.$~rurfie~f thh, 26th. day .ot
,. November . ', ·2018 , /the name of each party being l:lfftxed arid' th~se present$ cf uly J>lgf!Eid
by·tts Ut'lder:srgned representative; plirsuimt to auth¢rlW of Its go\ternlng body. . '
$Jgned, .sealed .rJrid dE!liY~r~·d
tri t~~ pr~sen · r: ·
STATE OF _Fl~rida ..
·COU~ffY OF Collier-·· .· . ·-
,,.•'ir,~~~-MARCIEL. COHEN t:f:&\:~ MYCOMMISSION#GG 152066
~~. .~ff EXPIRES: February 11, 2022 .. ~~ ~ ..... ····,,flr.r.t~···· Bonded Thru Notary f>ubMc Underwriters
Witnesses to ,sweiy ,
,~~INQ IPA~
\
\Quality Enterprises USA, Inc._
BY !~·~
NAM :.Lou is JI Gaudio
IT$: V-ice President
NAM~;_M_a_r_ci~e_L_.___,C~o~he_n ___ -,.-
.(Leglbly Ptlnied) . '
·SURETY:
(Pri bte d Name). -
(AiJth orize(l Signature)
,(Printed Name)
STATE OF
COUNTY OF
Virginia
Virginia Beach
OR
Kathryn Snell
(Printed Name)
1299 Zurich Way
Schaumburg, IL 60196
(Business Address)
804-287-1167
(Telephone Number)
The foregoing instrument was acknowledged before me this~ day of November
20 18 , by Kathryn Snell , as
Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on
behalf of Surety. He/She is personally known to me OR has produced
----------------~as Identification and who did (did not) take an
oath .
My Commission Expires: September 30, 2022 \».Md/ )6 {)Ji_~
(Signature)/'
(AFFIX OFFICIAL SEAL)
r 1ERRI K S1RAvyHAND
Notary Pub\lC . . .
commonwealth of Virginia
# 247448 Reg . . s g/30/2022 My commission Expire
L.
i
Name: Terri K. Strawhand
(Legibly Printed)
Notary Public, State of: Virginia
Commission No.: 247448
13
Construcllon Services Agreement: Revised 072118 0
exH1e1r a-2i fJuaua P~f3FORl\liANce BQNR · ·· 1a~r4r~ ·· · · · ·· ·
l~NbW -ALL rvfl=N BY THESE PRESJ;NTS: . . . . .. , aS Pifiiclp~I.
Maryland . .. . _ 1 as
Bore,! No. 9299684
Con.tract No. 18~7473
That Quality Enterprises USA, Inc.
ai1~ Fidelity and Deposil <;ompany of
surety, Jo¢af,:ig· · · at
~299 Zurich Way, Schaumburg, IL 601f)6.
(l:3t!slne~ ~tjp,:ess) ~t~ held' .and' · · :flrmly, bound to
Ji'oard of County Commi~ners, Collier County, FL , as Obllge,e ln th~ $llh1 of
Two Million Fifty Eight Thousand One Hund!Ji!d _Twent£orie Dollars and OQ/100 .. ,
($ 2,os8, 1,i1.og0 , . )for the peiytneQ~ whereci,f We bong ourselves, ottr helrs,· exeollfots, person~!
represt:ihtativ~s. i,;_c,cessors ani:J a_ssig11s, jolr')tfy·qO,Q severally. . .
:WHER~AS:i ,Ptir\Clpal has entered into ;,t epntr~ct datecl as Qf the 26th -. day of
N~vember ' ' I 20 18 I Wit~ '.OJJ!IQee for
MJ'$ 308, Forc'r Main Improvements _ . _ . .. . . , . _ _. . .. . 1~
~¢.~Or~~nt;e With drawl~ aii<l $pe¢1Jfca~ions,. Whic{) . COt)tract itJ i110QrporatE1g by ref~renc:e ~n9
made a part Mr~or, ~tid Is fefef(~d to Mreln as the :pootra¢t. . . ' " '
n11=, CONPITtON bf'. THIS e.dNb rs th~ \f Prlnclpil:
~ ' . ' . ' .
t Perf9f!)'.l$ thf Contract at th~ tlrpoo and kt the m~rtner prest,';rlbeci in thl;? Q(lt1hot; ~nd
:t •, R~ys OblJ~~e,.tiny ~ml _allio~~lS, da.niages, c6${~latid a.~or~~Y.$lfee~ tnafQQlfge~ sustal!)S
b~aaus~ \'.>f ~IW. d<:3fa.lll.t ~y PrlnclP,af \md~r the ·Con~ract, lncludlng, · ~ut noJ llrnlted to, .a.II detay
dc1~9g'~$l wh~th~r liquldated or act~al, ln04rred by Obl!gee! and
$,. , fertorrns;the sv.ara~tee or: ali ,~oit and rnateri~I~ turhi$he~ un.ctl.'l.tt~{C9r1tra~t for t11e time
speclfieq ln Jhe Gonuact, then thl~ bond Is void; otherwi~ it rel,lialos.ln full force. Any changes In
'o'rurider "the Coriti;M~ and cornpllanoe or riorioom~lla.nce ¥ilth any fo'rni~llties connectei'.f with the
C~:intr~ot 9r the·ct1atl{1es do not affect Sureties 61;,hgiltlon under tt,is 13oncl. . '
The.Surety, for value receive~, jiereby stipulates ahd agrees that no changes, extensldns of lime,
altereiU.ons or'tlddlt!cu,s to the terms of the_ co·ntract or 'at.her work b;> b~ pert'Qrmed hereunder, o(
the spetlficl;ltipns refElrre<l to therein shall In anywise affeot Jts obli~~tlQris ~n9ex this bond. and It
does Mreby waive ilptlce of arw such chtmges, exten$ions of time; alteratlons or additions to the
terms of the C9nt(Mt or to ~ork or to the speciOoalions.
This instrumen.t slla(l be construed In all resper,ts as a <;orrftnon law bond, It is expressly
understood tllaf the time provisions ~nd statute of limitations under Sediph 255.05, Florida.
Statule$j shall i;9t r.1ppiyto this bond. . .
ln no event will tM surety be liable In the'. aggregate to Qbligee for mcire th~n the .penal sum of
thls Rerformabc~ 8,0!1~ feg~rdless of l~e nvm,ber of suits th~t m~¥ ,be filed by Obllgee.
IN WITNESS WHEREOF, the above parties have executed this Instrument this~ day of
November , 20 18 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of Its governing body.
STATE OF Florida
COUNTY OF Colli er
PRINCIPAL
Quality Enterprises USA, Inc.
NAME: Louis J. Gaudio
ITS: Vice President
The foregoing Instrument was acknowledged before me this -2..6._ttiay of November
20 18 , by Louis J. Gaudio , as
Vice President ~ Quality Enterprises USA, In~. a
Virginia corporation, on behalf of the corporation. He/she is pe ~ally k~
to me OR has produced NIA -Known as
identification and did (did not) take an oath .
My Commission Expires: 2/ 11 /22
/~1~~~\ MARCIEL. COHEN =•/JJ;,'\*, MY COMMISSION# GG 152066
lj-~·~i EXPIRES: February 11, 2022 ··~Rr.~~.t-· Bondod ThN Nota,y Publlc Utldlllwriteta
( \F'FIX OFFICIAL SEAL)
(Signature)
Name:Marcie L. Cohen
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: GG J 52066
Conslrucllon Services Agreement: Revised 0721 i~ 0
ATTEST:
Witnesses as to Surety
Witnesses D
SURETY:
(Printed Name)
(Bus iness Address)
(Authorized Signature)
(Printed Name)
Kathryn Snell
(Printed Name)
1299 Zurich Way
Schaumburg, IL 60196
(Business Address)
804-287-1167
(Telephone Number)
STATE OF _V_i_rg-i_n_ia _______ _
COUNTY OF Virginia Beach
The foregoing Instrument was acknowledged before me this 26th day of November
20 18 , by Kathryn Snell ,as Attorney-in-Fact of
Fidelity and Deposit company of Maryland ,a Surety, on behalf of
Surety. He/She is personally known to me OR has produced
as idertificatp r ,,and who ~·?~ not) ta ~e an ocjt h.
My Commission Expires : September 30, 2022 "=j_)LJ,.._N...,,'µµ~1
(Signature)
(AFFIX OFFICIAL SEAL)
TERR I K STRAWHAND
Notary Public
commonwealth of Virginia
Reg . # 247448
My Commission Expires 9/30/2022
Name : Terri K. Strawhand
(Legibly Printed)
Notary Public, State of: Virginia
Commission No.: 247448
16 Ll
Construction Services Agreemenl: Revised 072118 ~
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Mark C. BUNDY, Tammy A. WARD, Terri K. STRA WHAND, Daniel J. GRYGO and Kathryn SNELL, all of
Virginia Beach, Virginia, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf
as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of
these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of June, AD. 2017.
Secreta,y
Michael McKibben
State of Maryland
County of Baltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Michael Bond
On this 26th day of June, AD. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL
BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in
and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 176-3814A
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
,,,,\1111,,,,
14-t~i:1~/
11 1111t\\'''
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal , appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings , or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time ."
CERTIFICATE
I, the undersigned , Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do futiher certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED : "That the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I 0th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this'2Jpl . .h day of N OV:GIY) Q:r: , 20~.
,\\ ) 1r'1· \ I / ;'( (X ' ! { .... , .. ' L--"'\ (.~·-,/ ,~--..... ~,
David Mc Vicker, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
EXHIBIT B-3 : INSURANCE REQUIREMENTS
The Contractor sha ll at its own expense, carry and maintain insurance coverage from respo nsible
companies duly authorized to do business in th e State of Florida as set forth In EXHIBIT B of this
soli citation . The Contractor shall procure and maintain property i nsurance upon the entire proj ect,
if required, to the full insurable value ci the scope of work.
Th e County and the Contracto r waive against each other and the County's separate Contractors,
Contractors, Design Consult ant, Subcontractors, agents and empl oyees of each and a ll of them,
al l 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 Consu ltants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Co llier County shall be responsib le for purchasing and maintaining Its own liability insurance .
Certificates issued as a result of the award of thi s soli citation must identify "For any and a ll work
performed on behalf of Collier County", or, the specific solici tation number/contract number and
titl e.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation
shall name Coll ier Cou nty, Florida, as an additional insured as to the operations of Contractor
under this so licitation and shall contain a severability of interests provisions .
The Certificate Ho ld er sha ll be named as Colli er County Board of County Commissioners, OR,
Board of County Commissioners in Co lli er County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specifi c Project descri ption, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage sha ll conform to the minimum requirements set
forth in EXHIBIT B with the use of In surance SeNices 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 cove rage, Contractor must identify on the Certificate of Insurance
the nature and amount of such self. insured retentions or deduct ibles and provide satisfactory
evidence of financial responsibi llty for such obligations . All self-insured r etentions or deductibles
will be Contractor's so le respohsibility .
Coverage.(fil sha ll be ma intained without interruption from the date of commencement of the Work
unti l the date of completion and acceptance of the scope of work by the County or as specifi ed In
this solicitation~ whichever is longer.
The Contractor and/or it s insurance carrier sha ll provide thirty (30) days written notice to th e
County of policy cancell ati on or non-renewal on the part of the insurance carrier or th e Contractor.
The Contractor sha ll al so notify the Cou nty, in a like manner, within twenty-four (24) hours after
rece ipt, of any notices of expiration, cancellation, non-renewal or mate ria l change in coverage or
limits received by Contractor from its insurer and nothing conta ined here in shall relieve Contractor
of this requ irement 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 reinst ated to the fu ll extent permitted under such policy.
17
Construction Services Agreement: Revised 07211 8 0
Should at any time the Contractor not maintain the insurance coverage.(§} required herein , the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage!fil and charge the Contractor for such coverage.(§} purchased. If Contractor f ails
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 coverage.(§} purchased or the
insurance co mpany or companies used. The decisio n of the County to purchase such insurance
coverage!fil 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 ren ewal or replacement Certificate(s)
of Insurance not later than ten (1 O) calendar days after the expiration date on the certificate.
Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered
j ustification for th e County to terminate any and all contracts.
18
Construction Services Agreement : Revised 072118
Insurance) Bond Type
l. [;gj Worker's Compensation
2. [;gj Employer's Liability
3. [;gj Commercial General
Liability (Occurrence Form)
patterned after the current ISO
form
4. [;gj Indemnification
5. [;gj Automobile Liability
6. D Other insurance as noted:
Collier County Florida
Insurance and Bonding Requirements
R.equjred Limits
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/bocexempt/
s >tooo,Ooo . · .. single limit per occurrence
Bodily Injury and Property Damage
$ 'f;oOo:Oob' , ---: single limit per OCCUlTence, $2,000,000 aggregate for Bodily Injury
Liability and Properly Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual Liability.
To the maximum extent pennitted by Florida law, the Contractor/Vendor/Consultant 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/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement.
$ /(i,o@:o66f.i Each Occurrence: Bodily Injury & Property Damage,
Ov.rned/Non-owned/llired; Automobile Included
D Watercraft $ Per Occurrence ----
D United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
S Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of
the work.
$ _____ .. _ Per Occurrence
D Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occtmence
D Pollution S Per Occurrence -----
D Professional Liability $ Per claim & in the aggregate
• S 1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
D Project Professional Liability
D Valuable Papers Insurance
D Cyber Liability
D Technolo1,,y EtTorn & Omissions
$ _____ Per Occull'ence
$ _____ Per Occurrence
$ _____ Per Occurrence
·-.. _. ___ ......................... -... Per Occurrence
19
Construction Services Agreement: Revised 072118
7. ~ Hid bond
8. [Z] Perfonnance and Payment
Bonds
Shall be submitted with proposal response in the form of certified funds, cashiers' check or an
in·evocable 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 trnst company located in the State ofFlorida and
insured by the Federal Deposit Insurance Corporation.
For projects in excess of $200,000, bonds shall be submitted with the executed contract by
Proposers receiving award, and wiitten for I 00% of the Contract award amount, the cost borne
by the Proposer receiving an award. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general
policy holders rating and Class V or higher rating us to financial size category und the amount
required shall not exceed 5°1., 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. [Z] Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Consultant shall provide County with certificates of insurance meeting tbe required insurance provisions.
10. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available for the benefit of, the Additional Insured and the Contractor'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 uny and all work performed on behalf
of Collier County.
12. ~ Thirty (30) Duys Cancellution Notice required.
8/14/18 -cc
Contractor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence ofinsurability may be required within five (5)
days of the award of this solicitation.
Name of Firm
Contractor Signature
Print Name
Insurance Agency
Agent Name
Qualit,i_Enterprises USA. Inc. Date _ __,_1""'0,._,/0=3"-/1.,_,8"------
/,/···· ----g:·:-_s-··--_--------·
----.:,~ , .-~ ,,.,,,•
I rn1is ,l.J3au.d~i.ce_Ereside.nL._ .. _. _________________ _
Rutherfoord
Herb Moss or Heather Garrett Telephone Number --157-456-0577 ..... .
Construction Services Agreement: Revised 072118
CO UN TY OF (COLLIER)
STATE OF (FLOR IDA)
EXHIBIT C : RELEASE AND AFFIDAVIT FORM
Before me, the und ersign ed a uthority, personally appeared-----------------
who after being duly sworn. deposes and says:
(1) In accord a nce wi th the Contract Documents and in consideration of $ to be
received, ("Contracto r") releases and waives for itse lf and It's
sub contractors, material -men, successor s and assig ns, all claims demands, damages , costs and expenses,
w hether in con tract or in tort, against the Board of County Commissioners of Coll ier Cou nty, Florid a, rela t ing in
any way to the performance of the Ag reement between Contractor and Owner, dated
_______ ,20 __ for th e pe riod from to . This
partial waiver and rel ease is con diti oned up on payment of t he consideration described above . It Is not effective
unti l said payment is received in paid funds.
(2) Contractor certifi es for itself and its sub co ntractors, material-men, successors and assigns, that all charges
for la bor, materials, suppli es, lands, licenses and other expenses for which Ow ner might be sued or for which a
lien or a de mand against any payment bond might be fil ed, shall be fully sa ti sfied and paid upon Owner's paymen t
to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Ownedrom all demands or suits, acti ons, claim s
of li ens or ot her charges filed or asserted against the Owner a ri si ng ou t of the performance by Contractor of th e
Work covered by th is Release and Affidavit.
(4) This Release and Affid avit is given in connecti on with Contractor's [monthly/fi nal] Application for Payme nt
No. __ .
Witness
President
W itn ess
STATE OF
COUNTY OF
CO NTRACTOR
BY: ------------
ITS:
DA TE :
[Corporate Sea l]
The foregoing instrument was acknowledged before me this __ day of _______ _
~--·~ ,as ~
---------· a corp oration, on behalf of the corporation. He/she is personally
known to me or has produced as Identification and did
(d id not) ta ke a n oath .
My Commission Expires ;
(AFF IX OFFICIAL SEAL)
(Sig nature of Notary)
NAME : ------------
(Legibly Printed)
Notary Public, State of---------
Commissioner No.:--------
21
Construction Services Agreement: Revised 072118
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier Countv Board of County Commissioners (the OWNER) or Collier Countv Water-Sewer
Owner's Project Bid No.
Manaqer's Name:
County's Division Name Project No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name & Payment Application No.
Address:
Oriqinal Contract Time: Oriqinal Contract Price: $
Revised Contract Time: Total Chanqe Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed & $
Stored to Date:
Retainage @10% $ Retainage@ 10% through [Insert $
through [Insert Date] date]
Retainage @ __ % $ Less Retainage $
after [Insert datel
Total Earned Less Retainaqe $
Less previous payment(s)
Percent Work Completed % AMOUNT DUE THIS $
to Date: APPLICATION:
Percent Contract Time %
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance $
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWN ER 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 OWN ER 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: I
Type Title: Shall be signed by an authorized
reoresentative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Desian Professional's Name:
Sianature: Date: I
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Proiect Manaaer Name:
Sianature: Date: I
22
Construction Services Agreement: Revised 072118
EXHIBIT D (Conlln ued)
ProjHt N1m1 :
lfEM DESCRIPTION SCHEDULED
NUMBER VALUE
TOTALS
SCHEDULE OF VALUES
ProJtctHu mbtr.
0.lt:
P,~od To:
WORK COMPLETED
PREVIOUS APPLICATIONS THIS
THRU DATE SINCE CATE PERIOD
STORED TOTAL PERCENT BALANCE 10% _•t. TOTAL
MATERIALS ~O MP LETEC COMPL ETE TO FINISH RETNNAGE RETHNAGE RETNNAGE
& STORED (,c411CtdUlt) \\ITHHElD
TO DATE
• Explanation fo r the lwo columns under Previo us AP!)llcallons: The Thru Dile Is where you will place all lnformallo n untll lhe contract Is complete unless a rel ease or reduclion of retalnase Ism cor
Into play. II this happens, all lnlormatlon up lo the dale of the% chanse In ret alllil1e Is placed In lhe Thr u Dale column. Information a Iler lhal dale Is placed In the Since Dale column. This slates
whal has happened since th e change In ret ainage.
23
Const ruction Services Agreement: Revised 072118
Date
Ex hibit D
(Con tinued)
Descrlotion Suoolier
Stored Materials Re cord
A
Invoice Previously
Number Received
Formu la· A + B • C • D = E
B C D E
Rec eived Previously Installed Balance To
This Pe riod Installed This Period
24
Co nstructi on Services Agreement: Revised 072118
Install
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01/Site0irectory/ASD/Purchasing/Forms1/Forms/Default.aspx
Change Ord~r Form
Con1Jact~~1----~
Contractor/Firm Name:
Change#:D PurchaseOrder#:
Project Name:
Project Manager Nam;;.__ ____________ __, Department:
(hginal CcntracFWc,k Ode! Amount
Current BCC Approved Amount
Current Contrsct,Vv'ak Order Amcunt
Dcl13r Anuunt of this Change #DIV/0!
Re,ised Contracf•N crl: Order Total I s o.ool #OIV!O!
Cumulative Chanoes I s 0.001 #DIViO!
Project#:!~-----~
Q\ginsl BCC Apprcvsl Date; Agenda Item#
Last sec Approval Dste; Apends Imm#
SAP CcniJact Expiration Date {Master)
Tctsl CharQe frcm Cdginsl An-.:J!Jnt
ChsngefromCurrent BCC Approted Amount
Change from Current Amoont
Completion Date, Description of the Task{s) Change, and Rationale for the Change
Notice to ProceJ Original I J Last Approved J J Revised Date
Date "];:· =====: Completion Date!~---~. Date ~. ---~{ltte":!i!stn:~c:r,ar>;l~I
#ofDaysAdded ~I--------~ SelectTasks D Add newtask(s} D DeletetaskM D Change task(s) D other {l¥-i.l;'.·~.VI
Provide a response to the following: 1.) detailHI and specific explanation/rationale of the requested change(s) to thetask{sl and/ or
the additional days added (if requested}; 2.}why this change was not included in the original contract; and, 3.) describe the impad if
this change is not processed. A11ach a.:fi~ional irJomia.tion fr.om 1~,;; D;;;jgn Prof;;ssional a.m!ior Comra:tor if nee:ie:!.
Prepm,d by:-=----,-,---,.,----,-,,----.----------------(Proj:,=t t,1ar,a,;;;r Name and Dei-an men1}
Dale: ______ _
.&.ccep1anceof this Cnan,;11: Or,:ier sha!lcons1nu~a mooif;cati=>n 10 contract/workorn·er \:IH.tifi:-:! at::i,•e an,:iwill t-e sut,jec1 to alllh-esamc
1errns and corr~irtions as containt":f in the c,ontract i worY. ord~r irkdi.ca.ted a~:+ve, ;; fuHy as if ti;l: s~tni:'IHHC st;1E,3 1?1. this a,::cep-tar.:e. Th~
a:ljustn,;;r,1. if any, to1h-eComract shallc,msliluHea full ar.d finals;;ttlen~nt of any and alida.ims of !he Contraclor /Ven-:ior.' ConsultaM/
Diesi',n Prcfessional arisin9 0~1 of or rela1~:f 1oth11:,::han9e set fo!1h herein, lnduding daims for imp.,1.,:1 and delay-costs.
Acc'!!pted by: Dale:-------
{Cor,tractor {\lender/ ConsuHant I Desi;n Prc,fesional an,:i Name of Firm. if project applicable)
Approved by: e;a---.,-,--,--,,-=--=--,,.-,-,--:,--.,.-,-.,.-----------(Desi;n Professbnal an,:! Name of Firn,, if prc,j:,=1 applk:able}
Approved by:----~---------------------------(Procuri:men1 Profess"iorval
Oat:: ______ _
Date: ______ _
25
Construction Services Agreement: Revised 072118
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:
To
And
To
OWNER
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 072118
RESPONSIBILITIES:
OWNER:
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
Design Professional
By: ________________ _
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on ----------
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on----------' 20
OWNER
By:
Type Name and Title
27
Construction Services Agreement: Revised 072118
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: ________ Project No.: _______ Date :----· 20
Co ntractor:
The following items have been secured by the------------------
for the Project known as----------------------------
and have been re viewed and found to comply with the requirements of the Contract Documents .
Orig inal Contract Amount: Final Contract Amount: ------
Commencement Date:
Subs tantial Completion Time as set fort h in the Agreement: Calendar Days.
Actual Date of Substantial Completion : ___ _
Final Completion Time as set forth In the Agreement: Calendar Days .
Actual Fi nal 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 th is form).
5. As-Built drawings obtained and dated : ___ _
6. Owner personnel trained on system and equipment operation .
7. Certi fi ca te of Occupancy No .:--------------
Issued on (attach to this form).
8. Certificate of Substantial Comp letion issued on --------
9. Final Payment Application and Affidavits received from Contractor on :
10 . Consent of Surety received on --------------
11 . oi:,erating Department personnel notified Project is in operating phase .
12. All S pare 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 NIA.
explanation .
If NO is checked for any of the above, attach
Acknowledgments :
By Contractor: --------------------(Company Name)
By Design
Professional:
By Owner:
----------------------(S ignature)
---------------------(Typed Name & Title)
----------------------(Firm Name)
-----------------------(S ignature)
---------------------(Typed Name & Title)
-----------------------(Department Nam e)
-----------------------(Signature)
---------------------(Name & Title)
28
Construction Se rvi ces Agree ment: Revised 072118
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 072118
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 ONner'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 072118
limited to the hours of 7 a .m. t o 7 p.m., Monday through Sa turd ay. No work shall be performed
outside the specified hours without the prio r approval of the Project Manager.
4. PROGRESS PAYMENTS .
4 .1 Prior to submitting its first monthly Application for Payment, Contractor shall submit t o Project
Manager, for their rev iew and approva l, a schedule of values based upon the Contract P rice , listing
the major elements of the Work a nd the dollar value for each e lement. 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 th e Appli cation for Payment form signed by the Contractor's auth orized
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 subm itted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purcha se order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors su bmi tted
with Contracto r's Bid and any subsequently identified Subcontractors are subject to Owne r 's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date . Notwithstandirg 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 pri or 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 i s 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
a lso shall be accompanied by a bi ll of sale , invoice or other documentation warranting that the Owner
has received the materials and equipme nt free and clear of a ll liens, charges, security int erests and
encumbrances, together with evidence that the materials and equ ipment are covered by appropriate
property insurance and other arrangements t o protect Owner's interest therein , all of which sha ll be
subject to the Owner's satisfaction . Th ereafter, with each Appli cation 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 subm it its monthly Application for Paym e nt to the Project Manager or his or
her designee, as directed by Owner (w hich designee may incl ude the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218. 73 5 F.S., the Project Man age r, 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 w riting its reasons therefore; or (3) return the Application for Payment to the
Con tractor indicating, in writing, the reason for refusing to app rove payment. Payments of proper
invoices in the amounts approved shall be p rocessed and paid in accordance with Section 218 .735 ,
F .S. and the administrative procedures established by the County's Procurement Services Division
and th e 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 App li cation for
Payment. The Owner shall, within ten (10) business days after th e Appl ication for Payment is
31 (71\
Co nstruction Services Agreement : Revised 072118 \V
stamped and received and after Project M anager 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 perce nt (10%) of the portion thereof approved by the Project Manager for payment, whichever
is less . Such sum sh all be accumulated a nd 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 Relea se and Affidavit , in the form attached as Exhibit C, acknowledging Contractor's recei pt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respe ct 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 refle ct
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 Fundi ng 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 req uired 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. T he County may not accept
any addition al surcharges (credit card transaction f ees) as a result of using the County's credit card
for transactions relating to this solicitation
32 /?A.
Co nstruction Se rvices Agree ment: Revised 072118 \'l-)
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off-set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
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 072118
7. SUBMITTAL$ AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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
Construction Services Agreement: Revised 072118
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 evalu ating
each proposed substitute .
8. DAILY REPORTS , SIGNED AND SEALED AS -BUil TS AND MEETINGS .
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The dai ly 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 adverse ly 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 th e 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 visi t ors to the Project
8 .1.1 O Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log sha ll 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 concea led items , both inside and outside the Project site, shall be accurate ly located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
35
Con st ru cti on Se N lces Ag ree ment: Revise d 07211 8
(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 Pubic 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 072118
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 Contracto r 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
re ceive 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 , howei.er, 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 cla i ms 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 express ly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items . Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed : (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contra ctor and Owner concerning the
requested changes . Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract T ime 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
37 ~
Co nstruction Se rvices Ag reement: Revise d 07211 8 ~
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 Amouni the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner 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
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
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Construction Services Agreement: Revised 072118
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice,. the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant 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 ContractorNendor/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.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement.
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Construction Services Agreement: Revised 072118
Further, t he Contractor shall at a ll 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 comp ly, at its own expense, with a ll federal , st ate and loca l laws, codes ,
sta t utes, ordina n ces, ru les , regulations and requirements applicable to the Project, including but not
limited to th ose dealing with taxatio n, 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 Document s are at variance therewith , it shall promptly notify Project
Manager in writing . To th e exte nt any law, rule, reg ulation , code, statute , or o rdin ance requires the
inclusion of certain terms in th is Agreement in order for this Agreement to be enforceable, s uch terms
shall be d eemed In cluded in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, It is understood and agreed th at in the event of a change in any applicab le laws,
ordinances , rules or regulations subsequent t o the date this Ag reement was executed that increases
the Contractor's time or cost of performan ce of the Work , Co ntra cto r is entitled to a Change Ord er
for such increases, except to the extent Contractor knew o r sh ould have known of such changes
prior to the date of thi s Agreement.
14.2 By executing and entering into t his agreement, the Contractor is forma lly acknowledging
withou t excepti on or stipulation that It is fully respo nsible for complying with the provisions of the
Immig ra ti on Reform and Control Act of 1986 as lo ca ted at 8 U .S .C . 1324, et seq . and reg ulati ons
relating t hereto, as either may be amended . Failure by the Contractor to comply with the laws
ref erenced herein sha ll co n stitute a breach of this ag reeme nt and th e Count y sha ll h ave the
d iscretion to unilaterally terminate thi s agreement immediately.
14.3 Sta tutes and execu tive orde rs require employers t o abide by the im m igration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Emp loyment E ligibility Verificati on System (E-Verify) operated by the Dep artment of Homeland
Secu rity (OHS) In partnership with the Social Security Administration (SSA), provides an Int ernet-
based means of verifying employment eligib ility of workers in the United States; it is not a substitute
for any other employment elig ib ility verification requireme nts . The program will be used fo r Collier
County formal Invitations to Bid (1TB) and Request for Proposals (RFP) including professional
serv ices and construction se rvi ces .
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 I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enro llmen t, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence co nsist s of a copy of the properly comp leted E-Verlfy 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 Coll ier Co unty Procurement Services Division an executed affidavit certifying
they sha ll comp ly with the E-Verify Prog ram. The affidavit is attached to the solicitatio n documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verlfy
evidence and the executed affidavit the bidd er's / Contractor's proposal may be deemed non-
responsive.
40 ~
Co nstructio n Se rvi ces Agre ement: Revi se d 072 118 0
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 regard ing the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify . It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation , any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq . and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work , Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs , sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work . Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work .
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without th e Owner's consent, shall be void . If Contractor does , with approval , assign this Agreement
or any pa rt thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17 . PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80 , F.S ., Owner will pay for all Collier County permits and fees,
including license fees , permit fees , impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Coll ie r 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 pro secution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
4 1 0
Constructi on Ser'.llces Agreement : Re vise d 0721 18 'V
17 .3 Contractor sha ll 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
thls Sectl on , if Contractor: (1) fails to begin the Work under the Contract Documents within the tirre
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so ; or (6)
becom es 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
ahd 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 ex penses (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 a ppeals) 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,
a nd Judgments pertaining to or arising out of the Work hereunder.
41p
Co nstructi on Se rvices Agreement: Revised 07 211!JV
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusab le, 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 remed ies aga in st Owner sha ll 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 fai led 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 th e Contractor or Its Subcontractors or their agents or employees or any o th e r persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may term i nate 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 Agreeme nt and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled t o 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)
ca lendar days written notice to Contractor. In the event of s u ch termination for convenience,
Contractor's recovery agalnst Owner sha ll be limited to that portion of the Co ntract Amount earned
through the date of termination, together with any retainage withheld and reasonable te rmination
expenses incurred, but Contractor shal l 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 portion s 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 so le and exclusive remedy shall be to seek an extension of
time to its schedu le in accordance with the procedures set forth in the Contract Documents. In no
event sha ll 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
termin ate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension .
20. COMPLETION.
20 .1 When the entire Work (or any portion thereof designated In writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete . Within a reasonable time thereafter , Owner, Contractor
and Design Professional sha ll make an inspection of the Work (or designated portion thereof) to
determine the status of comp letion . If Owner, after conferring with the Design Professional, does
not consid er the Work (or de signated portion) subst antially 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
43
Co nstru ction Servic es Agree ment: Revised 07 211 8
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 unleffi 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: Revised 072118
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 opportuniti es with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS ANO INSPECTIONS.
22 .1 Owner, Design Professional, their respective representatives, agents and employees, and
governm ental agencies with jurisd iction over the Project shall have access at all times to th e Work,
whether the Work Is being performed on or off of the Project site, for their observation, inspection
and testing . Co ntractor 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 f or
observation . Such uncovering s hall be at Contra ctor's expense unless Contractor has given Proje ct
Manager timely notice of Contractor's Intention to cover the sa me and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
di rections 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 sha ll cha rge 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 th e co nstruction p eriod 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 th e 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 co nforming to th e requirements of the Contract Documents or any warranti es made
or assigned by Contractor to Owner sha ll be deemed defective Work. If requi red by Project Manage r,
Contractor sha ll as directed , either co rrect all defective Work, whether or not fabri cat ed , installed or
completed, or if the defective Work has been rejected by Project Manager, r emove it from the site
and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential
45 ~
Conslrucllon Se rvices Ag reemenl : Re vised 07211 8 o
costs of such correction or removal (including, but not limited to fees and charg es 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 in spected or tested by others and such Work is n ot oth erwise required to
be inspected or tested, Contractor, at Proje ct Manager's request, shall uncover, expose or otherwise
make availabl e for observation , inspection or tests as Project Manager may require, that portion of
th e Work in question , furnishing all necessary labor, material and equipment. If It is found that such
Work is defective , Contract or shall bear all direct, indirect and co nseq uential costs of such
uncovering , exposure, observation, inspection and t esting and of satisfactory reconstruction
(including, but not limited to, fees and charges of eng ineers, architects . attorneys and other
professionals), and Owner shall be entitled to an appropriate d ecrease in the Contract Amount. If ,
however, such Work is not found to be defective, Contra ctor shall be all owed an increase in the
Cont ract Amount and/or an extension to the Contract Time , directly attributable to such uncovering ,
exposure, observation , inspection , t esting 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 f ails to finish or perform the Work in such a way that the completed
Work w ill 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, sole ly for Own er's benefit and nothing herein
shall be co nstrued as obligating the Project Manager to exercise this right for the benefit of Design
Eng ineer, Contracto r, or a ny other person.
23.4 Sh ould th e Owner determine, at its sole opi nion, it is in t he Owner's best interest to accept
defective Work, th e Owner may do so. Contractor shall bear all direct , indirect and consequential
costs attributable to the Owner's eva lu ation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Cha ng e Order shall be executed evidencing such
acceptance of such defective Work , incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease In the Contract Amount. If the Owner accepts
such defective Work after final payment, Contractor sha ll promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the d efect ive Work.
23.5 If Contractor fails, with in a reasonable time after th e written notice from Project Manager, t o
correct defective Work or to remove and replace rejected defective Work as requlred by Project
Manager or Owner, or if Contractor fails to perform th e Work in accordance with the Contract
Documents, or If Contract or fails to comply with any of th e 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 remedia l action , Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
a nd suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
c onstruction equipment and machinery at the Project site and incorporate in the Work all materials
and equ ipment st ored at the Project site or for wh ich Owner has paid Contractor but whi ch are stored
e lsewhere. 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
e xercise the rights and remedies under th is paragraph. All direct, indirect and conseq u ential 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 Co ntract Amou nt. Such direct, indirect and conseq uenti al costs shall
46 ~
Co nstructi on Serv ices Agreeme nt: Revi se d 07211 8 V
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 , r emoval 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
attribu table to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION ANO 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 skill s and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsib le 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. A ll communications given to the superintendent sha ll be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent w ith or without cause . Attached to the Agreement as Exhibit A-1
is a li st identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to th e 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 ONner.
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 w ith the Project. Should the Contractor fai l to comply
with the above condit ion, 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 liq uidated damages, separate from the liquidated damages
described in Section 5 .8, for services not rendered .
25 . PROTECTION OF WORK.
25 .1 'Contractor sha ll immediately notify Project Manager and Design Professional. The Owner
or Design Professio nal shall re-establish the benchmarks and Contractor shall be liable br all costs
incurred by Owner associated therewith .
26. EMERGENCIES.
26 .1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or authorization
f rom 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 a ny
significant changes in the Work or variati ons from the Contract Documents have been caused
thereby. If the Proj ect Manager determines that a change in t he Contract Documents is required
because of the action taken in response to an emerg ency, 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 t o have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Co ntract Time.
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Co nstruction Services Agreeme nt: Revise d 072 11 8 ~
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 unreaso nably 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 s hall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection w ith the Work. Contractor shall take all necessary
precautions for the safety of, and sha ll 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 there by;
28.1.2 All the Work and materials and equipment to be incorpora ted therein, whether in
storage on or off the Project site ; and
28 .1.3 Other property on Project site or adjacent thereto, in cl uding trees , s hrubs, walks,
pavements, roadways , structures, utiliti es and any underground structures or Improvements not
designated for removal , relocation or replacemen t in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws , ordinances, rules and regulations of
any public body ha ving jurisdiction for the safety of person s 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 thei r property.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue unti l
such time as th e 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 de termined by th e engineer.
All electrical installation s sha ll be labele d with appropriate NFPA 70E arch flash boundary and PPE
Protective la b els.
28 .3. Contractor shall designate a responsibl e repre se ntative located on a full time basi s at the
Project site whose duty shall be th e 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 ill ega l substances are strictly prohib~ed on any Owner property. All
employees of Contractor, as well as those of all subcontrac tors and those of any other pers on or
entity for whom Contra cto r is legally li ab le (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
46
Co nstru cti on Services Ag reeme nt: Revised 072116 0
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
49
Construction Services Agreement: Revised 072118
Design Professiona l. The Co ntractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-constru ction con fere nce) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Ev aluation System for all contracts awarded in
excess of $25,000. To th is end, vendors will be eva lu ated on their performance upon
comp leti onAermination of thi s Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all pr oj ects th at are co ndu cted withi n a Collier Cou nty 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 (M UTCD), where applicable on local roadways and as prescribed in the
Florida Department of Tra nsportation's Design Standard s (OS), w here appli cable on state roadways .
These projects sha ll also comply with Co ll ier County's Maintenance of T ra ffic Policy, #5807 ,
incorporated herei n by reference . Copies are available through Risk Management and/or
Procurement Services Division, and is ava il ab le on-lin e at co lliergov.net/purchasing .
The Contractor will be responsible fo r obtaining copies of a ll required manuals, MUTCD, FOOT
Roadway & Traffic Design Standards Ind exes, or other related documents, so to become familiar
with their requirements . Strict adherence to t he requirements of th e Maintenance of T raffic ("MOT")
policy will be enforced under this Contract.
All costs associated wi th the Main tenance of Traffic sha ll be included on the line item on the bid
page. If MOT is required , MOT is to be provided wi thin ten (10) days of receipt of Notice of Award .
32 . SALES TAX SAVINGS AND DIRECT PURCHASE.
32 .1 Contractor shall pay all sa les, consumer, use and other simi lar taxes associated with the
Work or portions th ereof, wh ich are appl icab le during the performance of the Work. No markup sha ll
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Co ntractor sha ll comply with and fully Implement the sales ta x savings program with respect to the
Work, as set forth in section 32.2 below:
32 .2 Notwithstanding anything herein to the contrary, becau se Owner is exempt from sales tax
and may wish to generate sa les tax savings for the Project, Owner reserves the right t o make direct
purchases of various construction materials a nd equipment inclu ded in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contracto r, fo r execution by Owne r,
on forms provided by Owner. Co ntractor shall allow two weeks for execution of all such purchase
orde rs by Owner. Co ntracto r represents and warrants that it wi ll use its best efforts to cooperate
with Owner in implementing t his sales tax savings program in order to maximize cost savings for th e
Project. Adjustments to th e Contract Amo unt will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase , plu s th e saved sales taxes. A Change Order shall be
p rocessed promptly after each Direct Purchase, or g roup of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to a ll Di rect
Pu rchases by Owner, Co ntracto r s hall remain respon sib le for coordinating, ordering, in specting,
accepting delivery, storing, handling , installing , warranting and quality control for all Direct
Purchases. Notwithstanding a nythi ng herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included with in and cove red by Contractor's warranty
to Owner to the same extent as all oth er warranties provided by Contracto r pursuant to the t erms of
50 ~
Construction Services Agreement : Revi sed 072 118 ~
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 Bi dder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for Its responsibiltties 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 s hall take into consideration such
factors as natural and practical lines of severabiltty, 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 responsi ble
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 perform ing any portion of the Work on this Project must be
0 qualified " as defined in Collier County Ord ,nance 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 re mains 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 require d 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 te rm s of the Contract Documents,
as those t e rms 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
Cons tru ction Services Agreement: Revi sed 07211 8 8
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies requ ired to be provided by the Subcontractor
except workman 's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound . Each Subcontractor shall similarly make copies of such documents available to its sub-
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years . The Subcontractor shall include a resume of experience for each
employee Identified by it to supervise and schedule its work.
33 .6 Unless otherwise expressly waived by Owner in writing , all subcontracts and purchase orders
shall provide:
33 .6 .1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control , including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute Its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for cl aim for increase in the contract
price, damages, losses or additional compensation . Further, Contractor shall require all
Subcontractors to similarly Incorporate the terms of this Section 33.6 into their sub-subcontracts and
purchase orders.
33 .6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional oost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims .
34 . CONSTRUCTION SERVICES.
34 .1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34 .1.1
34.1.2
Subcontracts and Purchase Orders
Subcontractor Licenses
52
Construction Services Agreemen t: Revised 072118
34.1.3
34 .1.4
34 .1.5
34 .1.6
34 .1.7
34.1.8
34.1.9
34 .1.10
34 .1.11
34.1.12
34.1.13
34 .1.14
34 .1.15
34 .1.16
34.1.17
34 .1.18
34 .1.19
34.1.20
34 .1.21
34 .1.22
34 .1.23
34 .1.24
34.1 .25
34 .1.26
34 . 1.27
34 .1.28
34 .1.29
34.1.30
34.1.31
34.1 .32
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs ·
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Bui lt" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Uprntes
Suspense (Tickler) Flies of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
deslgnees 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
forma t. 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. SECUR ITY.
The Contractor is required to comply with County Ordinance 2004-52 , as amended . Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Co ll ier
County Facilities Management Division for all employees that shall provide services to the County
53
Con stru cti on Servi ces Ag reement : Revised 072118
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 v erifications 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 t echnicians shall have on their shirts the name of the contractor's busin ess.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from th eir
employment. This notificat ion 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 finge rprinting prior to work b e ing performed in any of their location s. This
will be coordinated upon award of the contract. If there are additional fees for this process, th e
Contractor is respon si ble for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against th e other party relating to or
arising out of this Agreement mu st be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exdusive jurisdiction on all such matters.
37. VALUE ENGINEERING .
All projects with an estimated cost of $10 million or more shall be r evi ewed for consideration of a
Valu e Engineering (VE) study conducted during project de v elopment. A "project11 shall be defined as
t he collective contracts, which may include but not be limited to : design, construction , and
construction, engineering and inspection (CEI) services. Additionally, any proje ct with an estimated
construction value of $2 million or more m ay be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA reg ulations: specifically 11 O & 30/30A;
FDEP chapter 62 regul ations: specifically 761 , 762 , 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards p ertaining to the storage of
hazardous materials and petroleum products.
38.2 T he co ntractor 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
p rovide a 1 O day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The co ntracto r shall provide the plans pertaining to the storage tank systems containing hazardous
materials/ petroleum p roducts to the SHWMD prior to plans submittal to a permitting entity and th en
SHWMD must approve th e plans prior to contractor's submittal for permitting .
54
Cons lructlon Se rvices Agreement : Revised 072118
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 exdusive jurisdiction on all such matters.
55
Construction Services Agreement: Revised 072118
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
"A ttac hed h ereto, following this page"
56
Construction Services Agreemen t: Revised 072118 e
-z ca,
INNOVATIVE ENGINEERING SOLUTIONS
Report of Geotechnical Exploration
PROPOSED MPS308.00 FORCE MAIN
IMPROVEMENTS
COLLI ER COU NTY PROJECT N O.: 70044.13.1
A irport-Pu lling Road & Davis Boulevard
Naples, Co lli er Co unty, Florida
Forg e Engineering Project Number 135-04 5.01
Apri l 20 18
Table of Contents
Table of Contents .......................................................................................................................... ii
Li st of Tabl es ................................................................................................................................. ii
Li st of Figu res ............................................................................................................................... ii
Li st of Sheets ................................................................................................................................ ii
Purpose ......................................................................................................................................... 1
Project Information ........................................................................................................................ 2
Site Cond itions .............................................................................................................................. 2
Field Exploration s ......................................................................................................................... 3
Laboratory T estin g ........................................................................................................................ 3
Results Summary .......................................................................................................................... 5
Evalu ation a nd Re comm endations ............................................................................................... 5
Soil Parameters ......................................................................................................................... 6
Utility Excavations ..................................................................................................................... 6
Oewatering ................................................................................................................................ 7
Site Preparation Recommendations .......................................................................................... 8
Opti ona l Services .......................................................................................................................... 8
Closing .......................................................................................................................................... 9
List of Tables
Table 1: Generalized Subsurface Profile ............................................................................................... 3
Table 2: Laboratory Test Results Summary Tab le .. , ............................................................................ 4
Tabl e 3: Corrosion Classification Summary Table ................................................................................ s
Table 4 : Soil Paramet ers S ummary Tabl e ............................................................................................. 6
List of Figures
Figure 1: Site Loca tion Map
Figure 2 : Overall Site V icin ity Ae ria l Photographs & Soil Boring s Loca tion Plan
Figure 3: Site Vicin ity Sectio n Ae ri a l Photograph s & S ite Section Aeria ls
List of Sheets
S heet 1 of 1: Report of Soil Borings (B-1 t hrough 8-4)
fl
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INNOVATIVE ENGINEERING SOLUTIONS
April 26, 2018
AGNOLI, BARBER, & BRUNDAGE, INC.
Attn : Mr. Dominick J. Amico, P .E .
President
7400 Tamiami Trail North
Naples, FL 34108
Phone: 239 .597.3111
Cell : 239.566.2203
E-mail : Amico@abbi nc.com
Subject: Report of Geotechnical Exploration
PROPOSED MPS308.00 FORCE MAIN IMPROVEMENTS
CO LLI ER COUNTY PROJECT NO.: 70044.13.1
Airport-Pu lling Road & Davis Bou levard
Naples, Colli er Co unty , Florid a
Forge Engineering Project No. 135-045.01
Forge Engineering In c. (FORGE) is pleased to present this report of geotechnical exploration for
t he proposed project. We have completed in genera l the services outlined in our proposal
number 135-045 .01 P dated October 10, 2017 and authorized by you through you Supconsu ltant
Agreement on January 29, 20 18. T hi s report presents the project information provided to us,
th e findings of our exploration, t ogeth er with o ur geotechnical eva lu ation and recommendations .
Purpose
The purpose of t his geotechnical study was to explore the genera l soil co ndition s over th e
project area for the proposed MPS 308.00 20-i nch HDPE Force Main Installation project a nd to
p rovid e geotechni ca l recommendations for utility construction at th e subj ect site. Environmental
assessments or oth er studies were beyond the scope of our services.
This report has been prepared fo r Collier County, Agnoli, Barber, & Brundage, In c., oth er project
consu ltants for s pecific appli catio n to the proposed utility des ign and construction at th e subject
s ite . FORGE has endeavo red to co mply wi th the generally accepted geotechnical engineerin g
practice common to the local area. FORGE makes no other warrant s, expressed or implied .
PO BOK 113040 -Nep/os. FL 34108 -239 514 .4100 -rf/X 239 5 '11.4 / 6'1
www.Forg eEng.com
Pag e 1 of 9
Proposed MPS300.08 Improvements -Airport-Pulling Road & Davis Boulevard April 26, 2018
Project Information
Our understanding of this project is based on several discussions with you, together with some
assumptions that we have made based on our experience in the area. You have also provided
FORGE with civil plan set titled, "Collier County MPS 308.00 20-inch HOPE Force Main
Installation" prepared by your firm dated November 2017. We understand that the proposed
project includes designing a sanitary sewer force main utility from Francis Avenue to Lakewood
Boulevard.
The provided plans indicate that the force main is designed to be a 20-inch High-Density
Polyethylene Pipe (HOPE) sanitary sewer connecting to the existing utility on Shadowlawn Drive
to an existing utility just north of Davis Boulevard on the west side of Lakewood Boulevard. The
provided plan set indicates that the current site elevation ranges from +5.5-to +9.0-feet National
Geodetic Vertical Datum of 1929 (NGVD). FORGE has been informed that most of the utility is
currently designed to be constructed using open trench methods. The majority of the utility
invert elevations are designed to range from 5-to 7-feet below existing grade (+1.0-to -1.0-feet
NGVD) when being installed using the open trenching method.
The current project design also includes utilizing Horizontal Directional Drilling (HDD) to install
portions of the utility pipe line by boring under existing roadways. The first segment of the HDD
is proposed to be completed under Airport-Pulling Road, with the proposed utility to be installed
to an approximate depth of 13-feet below existing grade (elevation -6.5-feet NGVD).
Additionally, HDD is being considered to bore under Davis Boulevard with the proposed utility
HDD to be completed to an approximate depth of 21-feet below existing grade (elevation -10.5-
feet NGVD). The entry/exit pits are proposed to be located to the south side of Francis Avenue
and extending to north side of Glades Boulevard. Additionally, the second HDD entry/exit pits
are proposed to be located to the north and south sides of Davis Boulevard near the intersection
of Davis Boulevard and Lakewood Boulevard.
Site Conditions
The majority of the project area can be described as an un-divided two lane roadway with turn
lanes, concrete sidewalks, and varying landscaping. All borings were completed in the right of
ways of the roadway, near to the proposed entry and exit pits shown in the provided civil plan
set. The Site Location Map (Figure 1) and the Site Vicinity Aerial Photograph (Figure 2)
provided in the Appendix of this report present the site relative to its surroundings.
PO Box 113010-Naplos. FL 31108 -239.514.4100 -Fax 239.5'14.4·/G·/
www.ForgeEng.com
Page2of9
Proposed MPS300. 08 Improvements -Airpott-Pulling Road & Davis Boulevard
Field Explorations
(};
April 26, 2018
The subsurface soil and groundwater conditions along the utility pipeline alignment, were
explored with four (4) Standard Penetration Test (SPT) borings. SPT tests were performed in
general accordance with ASTM Procedure D-1586-11, "Standard Penetration Test (SPT) and
Split-Barrel Sampling of Soils". The SPT borings were extended to depths of 20-to 25-feet
below the existing ground surface along the proposed utility pipeline alignment near the entry
and exit pits of the HOD. The quantity and locations of the SPT boring locations were selected
by you while the depth of the borings where determined by FORGE. A representative of
FORGE located the boring in the field based on both above and below ground utilities present in
the vicinity of the work area.
An engineer from FORGE classified soil samples taken from the borings. The boring logs
summarizing our findings are presented on Sheet 1 in the Appendix of this report. Below we
present a generalized profile of the subsurface conditions encountered.
Table 1: Generalized Subsurface Profile.
GENERALIZED SUBSURFACE PROFILE
DEPTH (FT) SOIL DESCRIPTION usc(11 AASHT0<2l
FROM TO
0 8 Brownish-Gray Very Loose to Medium Dense Fine SP A-3, A-2-4 SAND, Some gravel pieces
8 12<3) Hard LIMESTONE (Caprock) N/A N/A
12 25 Very Soft to Soft LIMESTONE N/A N/A (Severely Weathered to Weathered Limestone)
(1) Unified Soil Classification
(2) The American Association of State Highway and Transportation Officials Classification
(3) B-3 did not encounter the Hard LIMESTONE stratum.
The groundwater level was encountered at approximate depths ranging from 3.0-to 4.0-feet
below the existing grade at the time of drilling. We anticipate the groundwater level will fluctuate
due to seasonal rainfall variations, surface water runoff patterns, water levels in nearby bodies
of water, construction operations, and other interrelated factors. The designers should
anticipate that the seasonal high ground water level will rise to about one foot below the existing
ground surface.
Laboratory Testing
To aid in identification and classification of the soils encountered, laboratory testing was
conducted on representative soil samples obtained from the borings. Specifically, in house
f-00 Box 113040 -Naples. FL 34108 -239.5H41DO -Fax 239.5H4161
www.ForgeEng.com
Page 3 of 9
" I I )/ ,, ' (/•{"/, ( ' I //i i •/I FV,1-!GI I 0,(1, fl/r, 1 ·1 ·, I 1 J
Proposed MPS300.08 Improvements -Ai rp ort -Pu/1/n g Road & Davis Boulevard April 2 6, 201 8
testing consisted of v isua l classification, moisture conten t , -200 sieve washes, and g rain size
analyses. Outside soil laboratory testing consisting of corrosion series testing (p H, resistivity,
chlo ride, and su lfate) were also comp leted.
Table 2: Laboratory Te s t Re s ults Summary Table.
LABORATORY TEST PERFORMED
Moisture Fine Chloride Sulfate
Sample* Content Content pH
Resistivity
Content Content
(%) (%)
(ohms-cm)
(ppm) (ppm)
B-1 , 4.0' -6 .0' 29.2 2.2 ----
B-1, 6.0' -8 .0' 12.4 -8 .7 3,714 0.6 2.7
B-2, 4 .0' -6 .0' 20.0 -8.02 2 ,142 1.9 9.9
B-2, 6 .0' -8 .0' 2 3.9 8.0 ----
8-3, 4.0' -6 .0' 24.3 2.2 -. -.
B-3, 13.5' -15.0' 21 .5 . 8 .53 2,570 2.1 4 .6
B-4, 4.0' -6.0' 17.7 . 8.21 2 ,295 1.6 12 .0
B-4, 6 .0' -8.0' 13.9 19.1 . ---
*Boring number and sample depth
The soils obtained are generally classified as Fine SAND, with occasional gravel fragments and
trace small roots that is non-plastic in nature, therefore Atte rb erg Limits t esti ng was not
conducted . The results of our laboratory testing and grain size distribution curves are Included
in the Appendix.
According to gu idelines of the F.0 .0 .T. "Fl orid a Concrete Design, Environmental Classification
and Construction Criteria" there is a three-tier scale of sli ghtly, moderately, and extremely
aggressive environments. The test results completed on the soils sampled from the site
classified the soils to range from Slightly-Aggressive to Moderately-aggressive for both steel
and concrete. The corrosion classification of the aggressiveness of the soils are presented on
the fo ll owing page.
PO Bo)( f 13010-Nllpfos. FL 31108 2305111100-Fax 239 511.4 f G1
www.ForgeEng.com
Page 4 of 9
r ,o/ I/ )/ (,. P.('/ 1rn1/ / ~/),dlll /,')I!
Proposed MPS3 00.08 Improvem ents -Airpo/1-Pul/lng Road & Davis Boulevard
Tabla 3: Co rrosion Classification Summary Table.
I IC;/('f .r Ni) ) j '(J 1', (lf
April 26, 2018
Sample* SOIL CORROSION CLASSIFICATION
Steel
B-1, 6.0 ' -8.0' Moderately Aggressive
B-2, 4 .0' -6 .0' Moderately Aggressive
B-3, 13.5' -15.0' Moderately Agg ressive
B-4, 4 .0' -6.0' Mod e rately Aggressive
*Boring number and sample depth
Results Summary
Concrete
Slightly Aggressive
Moderately Aggressive
Moderately Aggressive
Moderately Aggressive
The borings generally encountered various combinations of fine granular soils (Stratums 1) until
encountering a hard LIMESTONE stratum (Stratum 2). The hard LIM ESTO NE stratum ranged
from 0-feet to 6-feet in thickn ess and was underlaid by a very soft to soft LIMESTONE stratum
(Stratums 3) to the termination depth. In all the boring loca tions, a highly weathered to
weathered LIMESTONE (Severely Weathered Limestone comprised of a sand, silt, and gravel
matrix; Stratum 3) was encountered at an approximate depth of 12-feet below th e ground
surface and extending to the termination of th e borings.
Evaluation and Recommendations
Our evaluation and recommendations are based on the project information provided to us, the
findings of our field exploration program, and our experience in the area. The subsurface
conditions will vary across the site. Shou ld new information become available during design or
t he co nd itions encountered during co nstr uction be substantially different from the information
presented in thi s report, please contact us so we may evaluate th e new information.
/"0 Box 1 f30•10 -Naples. FL 31t108-239 5114100 -Fa>: 239 5·1t1 .1·1G'f
www.ForgeEng.com
Page 5 of 9
,'t•/'fll/ ')ft' il r,u• • ")'('r1/ J 11.1mnf1011
Proposed MPS300. 08 Im pro vements -Airport-Pulling Road & Davis Boulevard
Soll P ara m et ers
I II • ,I I IOJWI /1/(J /'/1J·0.J'i.UI
April 26, 2018
Th e foll ow ing table pro vid es so il paramet ers th at may be assig ne d to th e strata encounte red
durin g ou r ex pl oration are presented be low:
Table 4 : Soil Param eters Summ ary Table.
SOIL PARAMETERS
Passive Allowable
Stratum Dry Unit Friction Cohesion Saturated Earth Bearing
Wt. Angle Soil Unit Wt. Pressure
Number (pcf) (<!>) (psf) (pcf) Coefficient Capacity
(Ko) (psf)
1 105 32 0 125 3.3 2,5 00
2 135 34 0 160 3.5 3,0 00
3 120 30 0 14 5 3.0 2,000
Utility Exca vations
T he s urfi cial st ra t a across the s ite consists of very loose to med ium den se re latively cl ea n fin e
SAND with occ asional grav el pi eces with sma ll root s from exi sting vegetation . T he SAND
should be easily excavate d but w ill offer littl e open tren ch sid ewa ll stability , th eref ore
excavations may requi re shorin g to st ab ili ze the s id ewa ll s. FORGE reco mmend s that all
exca vat ions are done in accord ance with OS HA 1926 S ubpart P -Excav ations regulations.
The sand st ra tum encountered in our test bo rings fr om ex isting ground s urface t o approximat e
depth s ranging fr om 6-to 7-feet belo w grad e ls suitabl e for backfillin g of utility exca vations . A
stratum of Slightly Sil ty t o Silty SAND was encou ntered ju st above th e hard LIM ES T ONE
formation. In order to use th is stratum for backfillin g of utility excavati ons, it sho uld be bl ended
w ith clea n SAND in order to re du ce th e amount of fin es in th e ma t erial to less th an 12 percent.
If utiliti es are designed to bea r w ithin th e very soft t o hard LIM ES T ON E stratum , utilities should
bea r on a well tamped 6-in c h lay er of be dd ing mat eri a l such as No . 57 or 89 stone. Th e
LIME ST ONE stratum i s not s uita bl e for backfi ll of utiliti es and whe re th is stra tum is encounte red ,
th e SANO sh ould be use d as back fill ing materi al. Additionally, the shallow hard
LIMESTONE stratum will likely require large specialized excavat ion equipment to
e xcavate the LIMEST ON E stratum to allow for the installation of the utilities.
PO Box 113010 -Nf.1/IIOS. FL 34108 -239 51'! 1100 -Fe >r 239 514.4 '161
www.ForgeEng.com
Pa ge 6 of 9
' I If uw / \ • J}1 , / , I r 'v-J i·'i • I
Proposed MPS300.08 lmprovem ents -Airporl-Pulllng Road & Davis Boulevard April 26, 2018
We understand that Horizontal Directional Drilling (HOD) is being considered to install a sanitary
sewer force main util ity line under Airport-Pulling Road and Davis Boulevard. The entry/exit pits
on the east and west sides of Airport-Pulling Road are on the south side of Francis Avenue and
the north side of Glades Boulevard and the entry/exit pits on the north and south sides of Davis
Boulevard are on the west side of Lakewood Boulevard . The SAND will be easily excavated but
wi ll require shoring to stabi lize the sidewa lls for excavation depths greater than th e water table
depth .
We recommend that the HOD construction comply with the latest ed ition of the F.D.O.T Road
and Brid ge Construction specifications In Section 555 titled Directional Bore and loca l
regulati ons included in Co llier County's handbook titled , "Construction Standa rd s Handbook for
Work within the Public Right-of-Way Collier County, Florida". If overcutting during the boring
process occurs, the voids should be remediated by pressure grouting the entire length of the
install ation.
Dewatering
With the water table enco unte red at depths ran ging f rom 3.0-to 4 .0-feet below existing grade
within the vicinity of th e proposed construction, dewatering w ill li ke ly be required to install the
utility pipe lines . Water level s should be maintained at least two feet below the bottom of a ll
excavations . Depending on the size of the excavation and length of time required for
construction, various dewaterlng techniques could be employed . Dewatering methods such as
sumps may be suitable for small and qu ic k excavation work while larger and longer excavations
will likely require well points. Mud slabs or compacted crushed stone base may also be
required at the bottom of the HOD excavation to provide a stab le working platform.
Any proposed construction below the water table wi ll req uire dewatering and shou ld be
performed prior to the construction of any above ground structures and allow for the water table
in the area to recharge . If construction of stru ctures begins prior to the water table being
recharg ed, soils may encounter greater pressures and increased settlement may occur.
PO 80'>( f 13040-Nll/lles. F·L 34108 -239.51'1 4100 -I-ax 239 514 4 /61
www.ForgeEng.com
Page 7 of9
'j •• I / 1 ll,' . / I J'I! / I, 011
Proposed MPS300.0B Impro vements -Airp o/1-Pullln g Road & Davis Boulevard
Site Preparation Recommendations
1 OJ ' , r , 'J ,, t f J[ J 'b•(M !> O I
Apr/I 26, 2018
We recommend your earthwork specifications Incl ude site preparation sections similar to those
presented below:
1. All excavation and placement work shall be completed in general accordance with
Section 125 of the current issue of F.D.O .T , Standard Specifications for Road and
Bridge Constructio n.
2. Soil shall be moisture conditioned to +/-3% of th e materials optimum moisture
content defined by the maximum dry density.
3. Soi l bedding and backfill shall be select sand with a Unified Soil Classification of SP
or SP-SM, SP-SC, or SW.
4 . When backfilling under wet conditions , procedures for section 125-8.3.4 sha ll be
fo ll owed.
5. A ll soil backfill shall be placed in lifts not exceeding 12-inches in thickness. Lift
height sh all be reduced to 6-inches or less for material compact ed with walk behind
rollers or plate compactors . Each lift shall be compacted until a density of at least 95
percent of the modified Proctor maximum dry density is uniformly obt ai ned.
6. Field density tests shall be conducted after compaction of the existing grade, at the
bottom of all excavations, and in all backfill or fill locations to verify the specified
degree of compaction is obtained .
7 . The test frequency should be a minimum of one t est per lift , per 100 linear feet.
Optional Services
FORGE should be engaged to review the project foundation plans and earthwork specifications.
We would then suggest changes in the specifications so ou r recommendations are properly
Interpreted and Implemented. FORGE should also be employed to complete the construction
materials testing on this project and visit the project during construction to observe the site
conditions encountered and the construction techniques used. Our observations would then be
compared with the parameters used in our evaluation. Soil samples obtained during this
exploration wi ll be available for contractor review for a period of 120 days following the bid date.
PO f:3o)( I 13040-Nlipf&S. FL 34108 -239 5111100 ~ Fe>-: 239 5'/4 ,i ·16·/
www.ForgeEng.com
Page 8 o f 9
I , HI al ,1. •, /1111<'•11 I , IOI 1/, 11
Proposed MPS300.08 /mprovem ents-Afrport-Pul/ing Road & Davis Boulevard
f OOOE 'IC/!ld Ni' I l'J fl.lb() I
April 26, 2018
Closing
We appreciate working with you as your geot echnlcal consu ltant and look forward to working
with you on the remainder of this and futu re projects. Please contact us when we may be of
further assistance, or if you have any questions regarding this report.
Sincerely,
Forge Engineering, Inc.
Certificote of Authorlzot/011 No. 7544
Robert"J. Mcti~
Robert J . McGinnis, E.I.
St aff Engineer
Matt H . Nolton , P.E.
CEO/Principal Engineer
Florida Registration No. 44081
nu s ITEM flAS BEE N ELECTRONICALLY SIGNED AN O SEALED BY MATHIEW H. Nolton. P.E. ON APRI L 26, 2018 USING A DIGITAL SIGNATURE . PRINTED
COPIES OF THI S DOCUMENT ARE NOT CONSIOEREO SIGNED AND SEALE D ANO THE SIGNAT URE MUS T OE VERIFIED ON ANV ELECTRONI C CO PIES.
Distribution : 1 -Addressee (via emai l),
1 -File
Appendix: Figure 1: Site Location Map
Figure 2: Overall Site Vicinity Aeria l P hotographs & Soil Borings Location Plan
Figure 3 : Site V icinity Sect ion Aerial Photographs & Site Section Aerials
Sheet 1: Report of Soil Borings
Generalized Subsurface Profile
Boring Logs
Key to Boring Logs Classification
Grain Size Curves
PO Box / •f 3040 Nfl{JIVS FL 34108 -239 51 •I 4 ,00 -J-ax 239 511. t! '161
www.ForgeEng.com
Pag e 9 of 9
APPENDIX
Figure 1: Site Location Map
Naples
Munir:ipill
Aitp(Jfl
SUBJECT SITE
(Approximate location)
Image from Google Maps.
Hd
PROPOSED MPS308.00 FORCE MAIN IMPROVEMENTS
COLLIE COUNTY PROJECT NO.: 70044.13.1
Airport-Pulling Road & Davis Boulevard
Naples, Collier County, Florida FORGE -::z
C';t FORGE Project Number 135-045.01
April 2018
INNOVATIVE ENGINEERING SOLUTIONS
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PROPOSED PS 308,00 FORCE MAIN IMPROVEMENTS
COLLIER COLNTY PROJECT NO. 70044.13.1
AIRPORT-PULLlr,,13 ROAD SOUTH & DAVIS BOULEVAIRD
FRANCIS AVENUE, GI.ADES BOlA.EVAIRD, & LAKEWOOD BOULEVAIRD
NAPLES, COLLIER COLNTY, FLORIDA
FORGE PROJECT NO. 135-045.01
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CERT. AVTH.: 27836
WWN.forgeeng.com
P 239.514.4100
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COLLIER CCU.TY PROJECT NO, 70044.13.1
AIRPORT-PULLII\G ROAD SOUTH & DAVIS BOULEVARD
FRANCIS AVENUE, GLADES BOULEVARD, & LAKEWOOD BOULEVARD
NAPLES, COLLIER CCU.TY, FLORIDA
FORGE PROJECT NO. 135-045.01
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MO\IAl1VE81/G/£ERIIG9JWIIONl
Drwn By: RJM I Date 01/30/1B
P.O. Box 113040,
Nl'l'LES, FLORIDA 341 OB
CERT. AUTH.: 27B36
WWN.forgeeng.com
P 239.514.4100
F 239.514.4161
Revised:
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GENERALIZED SUBSURFACE
SOIL PROFILE
B-3 N B-4
B-2
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LEGEND
LIGHT BROWN TO BRO\/v'N SAND TO SLIGl-ffl Y SILTY
SAND, OCCASIONAL WlTH SHELL FRAGMENTS (SP)
HARD LIMESTONE (CAPROCK)
SOFT LIMESTONE (Vv'EATHERED LIMESTONE)
VERY SOFT LIMESTONE (SEVERELY WEATHERED LIMESTONE)
INITIAL GROUNDWATER LEVEL AT TIME OF BORING
INDIC\ TES THE NUMBER OF BLO/'JS OF A 140 POUND
HAMMER, FEELY FALLING A DISTANCE OF 30 INCHES,
REQUIRED TO DRIVE A 2-INCH DIAMErER SAMPLER 12
INCi-ES
NOTES
BORINGS WERE DRILl..ED ON MARCH 14, 2018
USING A DIEDRICH DRILl.. D-50 RIG.
ALL ELEVATIONS REFER TO NATIONAL
GEODETIC VERTICAL DATUM 1929 (NGVD)
PROVIDED ELEVATIONS ARE INTERPOLATED
+/. 0.5 FEET FROM THE PROVIDED CIVIL
PLAN SET TITLED "COLLIER COUNTY
MPS308.00 20" HDPE FORCE MAIN
INSTALLATION" PREPARED BY AGNOLI,
BARBER & BRUNDAGE, INC. DATED
NOVEMBER 2017.
STRATA BOUNDARIES ARE APPROXIMATE
AND REPRESENT SOIL STRATA AT EACH
TEST HOLE LOCATION ONLY. SOIL
TRANSITIONS MAY BE MORE GRADUAL THAN
IMPLIED.
GROUNDWATER ELEVATIONS SHOWN ON
THE SUBSURFACE PROFILE REPRESENT
GROUNDWATER LEVELS AT TIME OF
BORINGS. GROUNDWATER LEVELS
FLUCTUATIONS SHOULD BE ANTICIPATED
THROUGHOUT THE YEAR.
GENERALIZED SUBSURFACE SOIL PROPERTIES
Range of Unit Weight> (PCF) Friction Angle Effecth.•e Earth ?ressure Coe.ff icients
SPT-N Values 1\fcist Submerged (Degrees) Cohesion (PSF) Ka Kp
Str.ttuml 3--38 105 43 32 0 0.31 3'.25
Stratum 2 '50/2"·'50/4" 135 73 34 0 0.28 '1.54
5trat'um3 11-17 120 SB 30 0 0.33 '1.00
Strat-um 4 6-7 120 SB 30 0 0.33 3-.00
WESTERN SECTION SITE AERIAL PHOTOGRAPH AND BORING LOCATION PLAN
FROM GOOGLE EARTH
T abl!! Qf ~trenQtt! ~crim!Q:'1"5
t:! Sarnf/Gravel ~ !,,imestone ; S3ndst::me
a Very Loose Ver-1Scft Very Sett
Ver7loo""...e Very Sett Very Soft
Vefyloose Soft Yer/ So1t
VerJL~ Soft Ver/ Soft
5 Loooe Finn Very Soft
8 Loose Firm Ver/ Soft
9 Loose Stiff Very Solt
10 Loose s,Jff Very Soft
11 M,e·tiiurn Cense Stiff So1t
15 Medium Dert9e s,Jff Solt
16 Meclum Dense VerySbff Soft
30 Medium Dern.e VeryStiff Soft
31 D<w.se Hard Soft
5(] De-nse Hard Sod
51 VeryDen5e Haro Harn
60 VeryO~ Hord H<,\j
EASTERN SECTION SITE AERIAL PHOTOGRAPH AND BORING LOCATION PLAN 100 Very Dense HJrd Ver/ Hord
100+ :i_ert. Dense Haro \!ery H.rd
FROM GOOGLE EARTH
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B-1 B-2 B-3 B-4
Depth.ft N, bpf Depth.ft N, bpf Depth.ft N, bpf Depth.ft N, bpf
0.5 TTT 0.5 TTT 0.5 TTT 0.5 TTT
... .. . . .. ...
. .. .. . 2.0 ... . ..
2.0 . .. 2.0 . . . . .. TOB ...
... .. . . .. ... TOB
. . . .. . . .. . ..
... TOB ... TOB . .. 9 4.0 . ..
... ... 6.0 . .. : I:
. .. 4 .. . 3 ... : I: 8
6.0 ... 6.0 ... . .. 3 6.0 : I:
: I: . . . ... : I :
: I: 7 . . . 3 ... : I: 14
: I: 8.0 ... . .. 3 8.0 : I :
8.5 : I: :*: ... #ii# 50/3"
### 50/4" 9.0 :*: ... ###
### ### 50/0" 12.0 ... ###
### ii## #1# ii##
### ### #!# ii##
### ### #1# 2 #ii#
### 12.0 ii## #1# 12.0 ###
13.0 ### #1# #1# #1#
#:# #1# #!# #1# WOR/24"
#:# 12 #1# 6 #1# #1#
#:# #1# #1# #1#
#:# H# #1# #1#
#:# #1# #I# 2 #1#
#:# #1# #1# #1#
17.0 #:# #1# #1# #1#
#1# #1# #1# #1#
#1# WOR/24" #1# WOR/24" #1# #1#
#1# #1# #1# #1# 4
20.0 #1# 20.0 #1# #!# 20.0 #1#
#1# 10
25.0 #.1#
Generalized Subsurface Profile
TTT Topsoil, Trace Small Roots
: : : Very Loose to Loose SAND PROPOSED PS308.00 FORCE MAIN IMPROVEMENTS
: I : . Loose to Medium Dense Silty SAND
COLLIER COUNTY PROJECT NO.: 70044.13.1 : *: Very Loose Gravely SAND with Silt
### Hard LIMESTONE (Caprock) Airport-Pulling Road South & Davis Boulevard
#: # Soft LIMESTONE (Weathered Limestone) Francis Avenue, Glades Boulevard, & Davis Boulevard
# I# Very Soft LIMESTONE (Severely Weathered Limestone) Naples, Collier County, Florida
LOSS Loss of drilling fluid Forge Engineering Project No. 135-045.01
TOB Groundwater depth at Iime Qf .§oring March 2018
WOR J!'l/.eight Qf Rod
Depth
(feet)
0.5,
'"i
Strength
jVery Loose
6.01
!Loose
Material Description
Primary
>50%
iTQE'SOIL
iSAl',ID
1SAND
Secondary
>12%
Tertiary
>5%
Color
:bro_wn_
1-
~bro~
Remarks
Elev.
(feet)
+6.
Trace Small Roots :+5.5
;+4.
Trace Small Roots_ l:t:_~
s.5l iSAND lSilt :gravel :tan =-2.5
1-
13.01 1LIMESTONE l l ;gray ; Caprock i-7.
I'~
17.0! iUMESTONE lSand l lgray l Weathered_Limestone~::11..
!Very Soft
· ]LIMESTONE lsm l ;gray l Severely Weathered Limestone l-14.
Hand Augered From O To 4
Feet Below Existing Grade
Boring Terminated at 20.0 ft.
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Forge Engineering, Inc.
Naples, Florida
Sheet 1 of 1 Project Name:
Job Number:
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N (blows per foot)
].Q 20 30 40
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»»»»>»>
PS 308.00 F.M. Improvements
135-045.01
soj
Laboratory Test Results
;is
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Boring Number:
Date Drilled:
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13:00
15:00
10:00
B-1
3/14/2018
Depth
(feet) Strength
Material Description
Primary
>50%
Secondary
>12%
Tertiary
>5%
Color Remarks
Elev.
(feet)
+6.2
0.51 iTOPSOIL i i ibrown i Trace Small Roots 1+5.7
2.oj SAND ra :+4.2
,ry Loose \Very
6.01 SAND i i ibrown _l_ __i±,.2
\very Loose
8.01 . lSAND lsilt ib_mwn i::1..s
s.oj iSAND iGravel isilt i1ight gray i i-2.B !"~~-
12.01 iUMESTONE : :gray Caprock__ __j-5.B
;very Soft
rery Soft
' 1LIMESTONE iSilt i igray ~ Severely WeatheLed Limestorut
Hand Augered From O To 4
Feet Below Existing Grade
Boring Terminated at 20.0 fl.
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Forge Engineering, Inc.
Naples, Florida
Sheet 1 of 1 Project Name:
Job Number:
0
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N (blows per foot)
0 10 20 30 40
»
>»>»
PS 308.00 F.M. Improvements
135-045.01
soi
Laboratory Test Results
#
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23.9
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Boring Number:
Date Drilled:
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B-2
3/14/2018
Material Description
Depth)
(feet)l
0.5,
2.0,
Strength
~Loose
6.01
rery Loose
rery Loose
12.QI r~,~
i-~·
/Very Soft
Primary
>50%
iTQPSQIL
iSAND
]_$_AND
]SAND
Secondary
>12%
\JMESTQNE ism
Forge Engineering, Inc.
/r:··D Naples, Florida
( \.--
\,!,,::V
S_ilt
Tertiary
>5%
Color
=brown
!lli!b!..!l!fil'
(brown
j!l@Y.
:!l@Y.
Remarks
Elev.
(feet)
l+1.
Trace Small Roots___ ;+6.5
:+5,
Trace Small Roots i+1.
With Shell Fragments i,5.
Severely Weathered Limestone 1-18.
Hand Augered From O To 4
Feet Below Existing Grade
Boring Terminated at 25.0 ft.
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9
3
3
2
2
10
N (blows per foot)
10 20 30 40
>»»»>
»»»»»
Sheet 1 of 1 Project Name: PS 308.00 F.M. Improvements
Job Number: 135-045.01
soj
Laboratory Test Results
#
c
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24.3
21.5
#
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0 ()
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2.2
Boring Number:
Date Drilled:
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o 8
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B-3
3/14/2018
Material Description
Depth[
(feet)!
0,'5_)
4.01
Strength Primary
>50%
iJOPSOIL
!SAND
~Loose .
6.0i !SAND
\Medium Dense !
8-J!j !SAND r··~·
1_~1 iUMESTQNE
Secondary
>12%
!S_il!
lsm
/very Soft • •
Tertiary
>5%
shell
9.@_Vel
Color Remarks
Elev.
(feet)
+7.5
=bro_l,\fil_ i__ Trace _$.mall Roots )+L
i!ight browr,____l________ ----···---____ !+3.5
!gray i Shell Fragments __ _i+1.5
~~ ! ~
:gray Caprock :-4.5
'""i !LIMESTONE !s;lt ; ;g-, i s,-w,,.,,,,.,u~""" ,_,,,
Hand Augered From O To 4
Feet Below Existing Grade
Boring Terminated at 20.0 ft.
a; .;
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B/F
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N (blows per foot)
0 10 20 30
»»»»
1:: :1 14
»»»»»»»
)H j 50/3"
ltul
)tu!
ltttl
\tu!
)H/
lHtl
)tit!
\t I tjWOR/24"[ »
1:::1 I
If ~I I
it1ti 4 i »»
40 50!
Laboratory Test Results
;f!.
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0
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a;
~
17.7
;f!.
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Q) c
0
0
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C ;:;:
13.9 ; 19.1
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Sheet 1 of 1 re (orge Engineering, Inc. ~ Naples, Florida II
Project Name:
Job Number:
PS 308.00 F.M. Improvements
135-045.01
Boring Number:
Date Drilled:
B-4
3/14/2018
Depth!
(feet)j
i
Strength
!::!
0
2
3
4
5
8
9
10
11
Primary
>50%
Material Description
Secondary
>12%
Tertiary
>5%
Color
Primary soil type· Qver 50% of soil by visual estimation or laboratory test
Remarks
i
l
[
~ I i !
§ ;
0 ' Elev. CJ i
(feet) I
!
Secondary soil type: Between 12% and 50% of soil by visual estimation or laboratory test
" ~ ·2
:::,
8 0 I .c
W E
" >,
" Cl)
Tertiary soil type: Between 5% and 12% of soil by visual estimation or laboratory test
Table of Strength Descrigtions
Sand/ Gravel Sill/ Clay Limestone I Sand_stone
Very Loose Very Soft Very Soft
Very Loose Very Soft Very Soft
Very Loose Soft Very Soft
Very Loose Soft Very Soft Symbol Key
Loose Firm Very Soft GRAVEL *
Loose Firm Very Soft SAND
Loose Stiff Very Soft SILT I
Loose Stiff Very Soft CLAY I
Medium Dense Stiff Soft LIMESTONE #
N
8/F 0
N (blows per foot)
10 20 30 40
I
I ~
i I ! 0 ; (_)
I I
sci
!
Labo~tory T~st Results
ilili i
I I
N: Standard Penetration Resistance.
Number of blows to drive a standard spfit-spoon sampler
one foot using a 140 pound hammer dropping 30 inches
woh: Split•spoon penetrated soil
under weight of 140 pound hammer only.
wor: Split·spoon penetrated soil
under wejght of drilJ rc,tj§___Q_nfy.
Water Content:
Laboratory Test Summary
Weight of Water
Weight of all Dry Soil
"' 6
15 Medium Dense Stiff Soft
16 Medium Dense Very Stiff Soft
DEBRIS D
FILL F
Fines Content: Weight of Dry Soil Finer than No. 200 Sieve
Weight of all Dry Soil
30 Medium Dense Very Stiff Soft
31 Dense Hard Soft
50 Dense Hard Soft
51 Very Dense Hard Hard
60 Very Dense Hard Hard
100 Very Dense Hard Very Hard
100+ Ve_ry_ Dense Hard __ ~Very_ Hard
15.0 Depth of soil change. The transition between materials may be gradual.
Soil conditions will vary between boring locations.
All descriptions are based on the visual examination of the retrieved soil samples,
unless laboratory data is indicated. Therefore, estimates of material types
and concentrations should be considered approximate.
SAND
SILT
Representative Material Description Definitions
Material that pass a No. 4 and is retained on a No. 200 sieve.
Low plasticity material that passes a No. 200 sieve.
Moderate to high plasticity soil that passes a No. 200 sieve.
Natural occurring rock with at least 50% calcium carbonate.
PEAT -
ORGANIC -
LIMEROCK L
PAVEMENT p
CONCRETE C
WATER w
VOID V
Primary Soil Symb~
:I:
Secondary Soil Symbol, primary if no secondary is present LJ
AASHTO Soil Classification Symbo,
Unified Soil Classification Symbol":..~
SP A-3
Groundwater Symbols
TOB Initial groundwater level at time of boring
Organic Content:
Liquid Limit:
Plastic Limit:
Plasticity Index:
CLAY
LIMESTONE
SANDSTONE
LIMEROCK
ORGANIC
Natural occurring rock of hardened (not by calcium carbonate) sand-size particles.
Mined or processed limestone used as a fill or pavement base.
GWL Groundwater level measured a day or more after drilling
LOSS Drill fluid circulation loss
Containing partially decomposed material that can be ignited when dried.
Forge Engineering, Inc.
Naples, Florida
Key To Boring Log Classification
Weight of Organics Lost by Ignition
Weight of all Dry Soi
Moisture content of a soil at the transition
between liquid and plastic states.
(ASTM D-431 B)
Moisture content of a soil at the transition
between plastic and semisolid states.
(ASTM D-4318)
Liquid Umit-Plastic Umit
LABORATORY
TEST
RESULTS
FORGE ENGINEERING, INC.
Project: Proposed MPS308.00 FM lmporvements
Client: Agnoli, Barber, & Brundage, Inc.
FORENSIC, GEOTECHNICAL AND
CONSTRUCTION CONSULTANTS
Sample Location: B -1 · 4 -6-feet
Sample Description: Brown Fine SAND, Trace Small Roots
FORGE Project No.: 135-045.01
Date Run: 4/23/2018
uses Soil Classification: SP AASHTO Soil Classification: A -3
Moisture Content: 29.2%
Sampled By: Robert J. McGinnis, E.I.
-~ --C)
C: ·-u,
u, cu a..
~
C:
Cl)
0 a..
Cl) a..
100.0
90.0
80.0
70.0
60.0
50.0
40.0
30.0
20.0
10.0
I g
~
~
g
~
j:=_
I=
~
~
g
I
I
J
I
--
"""I
I
Ii
\
l
\
1
_i
\
\
I\
.. 0.0
100.00 10.00 1.00
Particle Size, (mm)
0.10
Sieve No. 1 1/2" 1" 3/4" 1/2" No. 4 No. 10 No. 40 No. 200
Sieve Opening (mm) 37.50 25.00 19.00 12.50 4.75 2.00 0.425 0.075 I
Percent Passing 100.0 100.0 100.0 100.0 99.8 99.2 94.8 2.2 I
P.O. Box 113040, NAPLES, FLORIDA 34108, (239) 514-4100, FAX (239) 514-4161
0.01
FORGE ENGINEERING, INC.
Project: Proposed MPS308.00 FM lmporvements
Client: Aqnoli, Barber, & Brundage, Inc.
FORENS~,GEOTECHN~ALAND
CONSTRUCTION CONSULTANTS
Sample Location: B -2; 6 -8-feet
Sample Description: Brown Slightly Silty Fine SAND
FORGE Project No.: 135-045.01
Date Run: 4/23/2018
uses Soil Classification: SP -SM AASHTO Soil Classification: A -3
Moisture Content: 23.9%
Sampled By: Robert J. McGinnis, E.I.
-~ 0 --C)
C: ·-u,
u,
('O a.. -C:
Cl)
(.)
:i...
Cl) a..
100.0 ~I I I I I 1• 1 • ~ • 111 1 I ~ I I T 11 I I I I ~ I I 11 I I I I I I
90 0 i= I I I\
. f \
so.o r I I \
~ I 70.0 ~ \
60.0 ~ I\
50.0 ; 1
\ i=
40.0 F \
30.0 ~ I \
20.0 = I I'~
1 10.0 F I I I I I• F
0.0 r
100.00 10.00 1.00 0.10 0.01
Particle Size, (mm)
Sieve No. 1 1/2" 1" 3/4" 1/2" No. 4 No. 10 No. 40 No. 200
Sieve Opening (mm) 37.50 25.00 19.00 12.50 4.75 2.00 0.425 0.075 I
Percent Passing 100.0 100.0 100.0 100.0 100.0 99.9 98.2 8.0 I
P.O. Box 113040, NAPLES, FLORIDA 34108, (239) 514-4100, FAX (239) 514-4161
FORGE ENGINEERING, INC.
Project: Proposed MPS308.00 FM lmporvements
Client: Agnoli, Barber, & Brundage, Inc.
FORENSIC, GEOTECHNICAL AND
CONSTRUCTION CONSULTANTS
Sample Location: B -3: 4 -6-feet
Sample Description: Brown Fine SAND
FORGE Project No.: 135-045.01
Date Run: 4/23/2018
uses Soil Classification: SP AASHTO Soil Classification: A -3
Moisture Content: 24.3%
Sampled By: Robert J. McGinnis, E.I.
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Particle Size, (mm)
Sieve No. 1 1/2" 1" 3/4" 1/2" No. 4 No. 10 No. 40 No. 200
Sieve Opening (mm) 37.50 25.00 19.00 12.50 4.75 2.00 0.425 0.075 I
Percent Passing 100.0 100.0 100.0 100.0 99.9 99.4 94.5 2.2 I
P.O. Box 113040, NAPLES, FLORIDA 34108, (239) 514-4100, FAX (239) 514-4161
FORGE ENGINEERING, INC.
FORENSIC, GEOTECHNICAL AND
CONSTRUCTION CONSULTANTS
Project: Pro12osed MPS308.00 FM lm12orvements Sample Location: B -4; 6 -8-feet
Client: Agnoli, Barber, & Brundage, Inc. Sample Description: Light Brown Siltv Fine SAND, with Gravel
FORGE Project No.: 135-045.01 USCS Soil Classification: SM -GM AASHTO Soil Classification: A-2-4
Date Run: 4/23/2018 Moisture Content: 13.9%
Sampled By: Robert J. McGinnis, E.I.
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Particle Size, (mm)
Sieve No. 1 1/2" 1" 3/4" 1/2" No.4 No. 10 No.40 No. 200
Sieve Opening (mm) 37.50 25.00 19.00 12.50 4.75 2.00 0.425 0.075
Percent Passing 100.0 100.0 100.0 92.6 83.3 72.9 56.4 19.1
P.O. Box 113040, NAPLES, FLORIDA 34108, (239) 514-4100, FAX (239) 514-4161