Agenda 04/26/2016 Item #11A 4/26/2016 11.A.
EXECUTIVE SUMMARY
Recommendation to award Bid #15-6484 to Quality Enterprises USA, Inc., for the "New Market
Road Sidewalk Improvements" project for construction of sidewalk improvements on both sides of
New Market Road from North 15th Street to East Main Street in the amount of $1,468,940.26,
Project 33423,and authorize the necessary budget amendment.
OBJECTIVE: To provide sidewalk improvements in Immokalee on the both sides of New
Market Road from North 15th Street to East Main Street.
CONSIDERATION: On June 9, 2015, Item 16A20, the Board of County Commissioners
(Board) approved a Local Agency Program (LAP) Agreement with the Florida Department of
Transportation (FDOT) for New Market Road Sidewalk Improvements. This agreement set
aside funding to be reimbursable up to the amount of$1,186,348 for construction of this project.
On June 30, 2015, the Purchasing Department sent 2,209 notices to vendors for Bid#15-6484 for
the construction of sidewalks in Immokalee. This project includes six-foot wide sidewalks
together with driveway reconstruction. The driveway reconstruction is necessary throughout the
project in order to provide a sidewalk that will meet the Americans with Disabilities Act (ADA)
requirements.
On July 30, 2015, eight bids were received and opened. The qualified and responsive bid results
are as follows:
Contractor Bid
1 Quality Enterprises USA,Inc. $1,468,940.26
2 Marquee Development $1,599,318.00
3 Wright Construction $1,646,311.77
4 Coastal Site Development $1,690,222.38
5 Stage Door II $1,695,082.30
6 OAK Florida $1,885,309.39
7 Tagerelli Construction $1,971,254.00
8 ZEP Construction $2,744,030.91
Staff and the design engineer reviewed the unit pricing on the bid tab, and Quality Enterprises
USA, Inc. was the lowest, qualified and responsive bidder with a bid of $1,468,940.26. The
design engineer's opinion of probable cost for the project was $1,684,010.82. The Quality
Enterprises USA, Inc. bid is 13% lower than the Engineer's estimate.
FISCAL IMPACT: The anticipated cost for the New Market Road improvements project is
$1,468,940.26. Funding from the Federal Highway Administration passed through FDOT in the
amount of$1,186,348 is available within Growth Management Grant Fund 711, Project 33234.
Budget amendments are required to appropriate local funds in the amount of
$282,592.26 within Growth Management Capital Fund 310, Project 33423. This pathway will
not be constructed in conjunction with a road construction or reconstruction project, as such a
General Fund transfer of$282,592.26 from the Countywide Pathways Program project 60118 is
required and available from within the annual FY 16 adopted budget.
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4/26/2016 11.A.
The estimated useful life of sidewalks is 30 years with minimal to no repair cost during that
duration of time.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: To award Bid#15-6484 "New Market Road Sidewalk Improvements"
to Quality Enterprises USA, Inc. in the amount of $1,468,940.26, authorize the Chairman to
execute the attached contract and authorize all budget amendments necessary to recognize and
appropriate funds for construction.
Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering Division,
Growth Management Department
Attachments:
1) Bid Tabulation#15-6484
2) Bid Tabulation with Analysis
3) Bid Analysis
4) Proposed Contract:
http://apps3.colliergov.net/agenda/ftp/2016BCCMeetings/AgendaApril2616/GrowthMgmt/15 6
484 QualityContractCAOApprovedFinal.pdf
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4/26/2016 11 .A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to award Bid #15-6484 to Quality Enterprises USA, Inc.,
for the "New Market Road Sidewalk Improvements" project for construction of sidewalk
improvements on both sides of New Market Road from North 15th Street to East Main Street in
the amount of$1,468,940.26, Project 33423, and authorize the necessary budget amendment.
Meeting Date: 4/26/2016
Prepared By
Name: Daniel Hall
Title:Project Manager, Senior,Transportation Engineering&Construction Management
3/14/2016 2:46:04 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering&Construction Management
Name: Daniel Hall
3/14/2016 2:46:06 PM
Approved By
Name: BrilhartBrenda
Title:Procurement Specialist,Procurement Services
Date: 3/15/2016 7:54:51 AM
Name: MarkiewiczJoanne
Title:Division Director-Procurement Services,Procurement Services
Date: 3/16/2016 6:45:13 AM
Name: AhmadJay
Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 3/16/2016 9:53:26 AM
Name: JohnsonScott
Title:Manager-Procurement,Procurement Services
Date: 3/18/2016 2:08:30 PM
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4/26/2016 11.A.
Name:NauthRookmin
Title:Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal
Date: 3/21/2016 10:19:49 AM
Name: KhawajaAnthony
Title: Chief Engineer-Traffic Operations,Traffic Operations
Date: 3/21/2016 3:14:52 PM
Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 3/29/2016 11:38:48 AM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 3/30/2016 10:01:58 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/30/2016 10:18:56 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/31/2016 1:01:38 PM
Name: OberrathKaren
•
Title:Accountant, Senior,Grants Management Office
Date: 4/8/2016 9:14:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 1:37:37 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/19/2016 10:03:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/19/2016 11:09:29 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/19/2016 5:15:52 PM
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Lir, Cardno
March 14, 2016 Shaping the Future
Daniel G. Hall, PE, Senior Project Manager Cardno
Collier County Growth Management Division 380 Park Place Blvd
2885 South Horseshoe Drive Suite 300
Naples, FL 34104 Clearwater,FL 33759
USA
Phone: +1 727 531 3505
Re: Bid Analysis Review Fax: +1 727 539 1294
Contract No. 09-5262; County Wide Engineering Services
New Market Road Sidewalk Improvements www.cardno.com
LAP Project Number 429899-1
Dear Mr. Hall:
Cardno has reviewed and analyzed the bid for anomalies by comparing it to the engineer's estimate, the
average of the bid price and the low bid Contractor's unit price. Below are pay items in which the low bid
Contractor's price was significantly different than the Engineer's Estimate:
WAY I1 IN AJNIT qMSORIPTION COMMENT
T
101-1 LS MOBILIZATION ($34,741.54) Contractor lower the Eng. Estimate
102-1 LS MAINTENANCE OF TRAFFIC ($75.060.53) Contractor lower the Eng. Estimate
110-1-1 AC CLEARING&GRUBBING ($31,518.00) Contractor lower the Eng. Estimate
110 4 AC REMOVAL OF EXISTING CONCRETE
PAVEMENT ($22,813.65) Contractor lower the Eng. Estimate
425-1521 EA INLETS, DT BOT,TYPC C,<10' ($26,151.84) Contractor lower the Eng. Estimate
522-2 SY SIDEWALK CONCRETE,6"THICK ($116;309.52) Contractor lower the Eng. Estimate
Unit Prices for Engineer's Estimate were taken from historical pricing from County projects and FDOT
Area Averages. All pay items and associated quantities have been reviewed and deemed correct based
on the proposed plans. It looks like most of the bidders fell within a consistent range of the overall project
costs. The low bid contractor was approximately 6% lower in unit price for the concrete sidewalk 6"; the
unit costs was not significantly different, however due to the large quantity of sidewalk on this project,
this resulted in a significant cost difference for that pay item. Cardno has verified the plan quantities for
these items and find minimal risk to the county in awarding the bid.
Sincerely,
:*" . /<
Shan K. Barnwell, PE
Senior Project Manag 'r
Cardno
Direct Line +1 727-431-1604
Email: shari.barnwell @cardno.com
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1
ITB 15 -6484 New Market Road Sidewalk Improvements
New Market Road Sidewalk Improvements
COLLIER COUNTY BID NO. 15 -6484
COLLIER COUNTY, FLORIDA
LAP FUNDED
Project # 429899 -1 -58 -1
Brenda Brilhart , Procurement Strategist
Email: brendabrilhart @colliergov.net
Telephone: (239) 252 - 8446
FAX: (239) 252 - 6697
Design Professional:
Cardno TBE
1
ADDENDUM #1
Memorandum
Date: July 7 , 2015
From: Brenda Brilhart, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 – 15 -6 484 – New Market Road Sidewalk Improvements
The following clarification s are issued as an addendu m identifying the following changes for the
r eferenced solicitation :
C HANGE : Due to unforeseen conditions, the due date for this solicitation has been extended until
further notice. It is anticipated that this project will resume August/September.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Dan Hall , Project Manager
Email: BrendaBrilhart@colliergo v.net
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
1
ADDENDUM #2
Memorandum
Date: September 15 , 2015
From: Brenda Brilhart, Procurement Strategist
To: Interested Parties
Subject: Addendum #2 – 15 -6 484 – New Market Road Sidewalk Improvements
The following clarification s are issued as an addendum identifying the following changes for the
r eferenced solicitation :
C HANGE : The due date for this bid has been extended until 2:30 PM on October 13, 2015.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Dan Hall , Project Manager
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
1
ADDENDUM #3
Memorandum
Date: September 23 , 2015
From: Brenda Brilhart, Procurement Strategist
To: Interested Parties
Subject: Addendum #3 – 15 -6 484 – New Market Road Sidewalk Improvements
Financial Management Number 429899 -1 -58 -1
Th e following clarification s are issued as an addendum identifying the following changes for the
r eferenced solicitation :
C HANGE : The due date for this bid has been extended until 2:30 PM on November 4, 2015 . The
extension is necessary in order to solicit and execute contract with CEI firm.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Dan Hall , Project Manager
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
2
ITB 15 -6484 New Market Road Sidewalk Improvements
TABLE OF CONTENTS
Public Notice 3
Instructions to Bidders 5
General Terms and conditions 11
Construction Agreement 36
Exhibit A : Bid Submittal Forms (Submit with Bid Packa ge ) 42
A -1 Construction Bid 43
A -2 Bidders Affidavit 44
A -3 Bid Schedule & Personnel Assigned 46
A -4 Material Manufacturers 47
A -5 List of Major Contractors 48
A -6 Statement of Experience of Bidder 49
A -7 Trench Safety Act 50
A -8 Immigration Law Affidavit Certification 51
A -9 Collier County Solicitations Substitute W -9 52
A -10 Bid Bond 53
A -11 Bidders check List 54
A -12 Insurance 55
Exhibit B: Supplemental Terms and C onditions 58
Exhibit C: Technical Specifications 59
Exhibit D: Permits 60
Exhibit E: Standard Details 61
Exhibit F: Plans and Specifications 62
Exhibit G1: Granting Agency Requirements 63
C ontractors Certification (Appendices A&E) 77
DBE Legal Require ments 7 9
F HWA Form 1273 82
Davis Bacon Wage Rate Decision 9 7
Exhibit G2: Grant Forms (Submit with Bid Package) 10 3
3
ITB 15 -6484 New Market Road Sidewalk Improvements
PUBLIC NOTICE
INVITATION TO BID
New Market Road Sidewalk Improvements
COUNT Y BID NO. 15 -6484
Separate sealed bids for the construction of New Market Road Sidewalk Improvements ,
addressed to Ms. Joanne Markiewicz , Director , Procurement Services , will be received at the
Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 ,
until 2:30 P.M. LOCAL TIME , on the 30 th day of July, 2015 , at which time all bids will be
publicly opened and read aloud. Any bids received after the time and date specified will not be
accepted and shall be returned unopened t o the Bidder. The anticipated project budget is:
$1,263 million dollars .
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, New Market Road Sidewalk Improvements , Bid No. 15 -6484
and Bid Date of July 30 , 2015 . No bid shall be considered unless it is made on an unaltered
Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from
the Bidding Documents prior to submittal.
One contract will be awarded for all Work . Bidding Documents may be examined on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net/bid .
Copies of the Bidding Documents may be obtained only from the denoted websi te. Bidding
Documents obtained from sources other than the Collier County Purchasing Department
website may not be accurate or current.
Each bid shall be accompanied by a certified or cashier ’s check or a Bid Bond in an amount not
less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance
within ten (1 0 ) calendar days after the receipt of the Notice of Award. The Successful Bi dder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto and
incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance
Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds,
Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be
either executed by or countersigned by a licensed resident agent of the surety or insurance
company having its place of busin ess in the State of Florida. Further, the said surety or
insurance company shall be duly licensed and qualified to do business in the State of Florida.
Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each
bond a cert ified and effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such
contractor's and business licenses, certifications and registrations as required by State statutes
a nd County ordinances.
4
ITB 15 -6484 New Market Road Sidewalk Improvements
Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct
such investigations as it deems necessary to determine the performance record and ability of
the apparent low Bidder to perform the size and t ype of work specified in the Bidding
Documents. Upon request, the Bidder shall submit such information as deemed necessary by
the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within tw o hundred and
ten (210 ) calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and
purpose of the Bidding Documents, and to postpone the award of the contract for a period of
time which, however, shall not extend beyond one hundred twenty (120) days from the bid
opening date without the consent of the Successful Bidder.
Dated this 30 th day of June 2015 .
BOARD OF COUNTY COMMISSIONERS
COLLI ER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director , Procurement Services
5
ITB 15 -6484 New Market Road Sidewalk Improvements
INSTRUCTIONS TO BIDDERS
Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly
authorized representative.
1.2 The term "Pro ject Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refer s to the licensed professional engineer or architect
who is in privity with the Owner for the purpose of designing and/or monitoring the construction
of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced
in the Contract Documents may be assumed at any time by the Project Manager on behalf of
the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any
of his/her duties specified in the Contract Documents to the Design Professional .
1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in
response to this solicitation.
1.5 The term "Successful Bidder" means the lowest , qualified, responsible and responsive
Bidder who is awarded the contract by the Board of Coun ty Commissioners, on the basis of the
Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to
Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a com pleted Bid Schedule, bound in the Bidding Documents,
properly signed, providing the Owner a proposed cost for providing the services required in the
Bidding Documents.
Section 2. Preparation of Bids should
2.1 The Bids must be submitted on the standard form herein furni shed by the Owner (Exhibit
A - as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and
agrees that it shall execute the Agreement in the form attached hereto and incorporated herein.
The Bidder shall complete the Bid in ink or b y typewriter and shall sign the Bid correctly. Bid
Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid
Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains
any omission, alterat ion of form, conditional bid or irregularities of any kind. Bids must be
submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening
Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E,
Napl es, FL 34112 . If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the location
specified herein after the time specified for bid opening will be returned to the bidd er unopened
and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier ’s check, a cash bond posted with the County Clerk, a certified check
6
ITB 15 -6484 New Market Road Sidewalk Improvements
paya ble to Owner on some bank or trust company located in the State of Florida insured by the
Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the
bidder's maximum possible award (base bid plus all add alternates) (collecti vely referred to
herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages
if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails
to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within
ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with
conditions that the s urety will, upon demand, forthwith make payment to Owner upon said bond.
Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been
executed by the Successful Bidder and same has been delivered to Owner together with the
requir ed bonds and insurance, after which all three (3) Bid Deposits shall be returned to the
respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the
Bid Opening. No Bid including alternates, shall be withdrawn within o ne hundred and twenty
(120) days after the public opening thereof. If a Bid is not accepted within said time period it
shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the
Owner awards the contract prior to the e xpiration of the one hundred twenty (120 ) day period
without selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred twenty (120 )
days fr om opening, unless otherwise agreed by the Procurement Director and the Successful
Bidder.
3.2 The Successful Bidder shall execute two (2 ) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner sh all
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Pr oject requires additional
time, in which event the Owner shall have such additional time to execute the Agreement as
may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
neg otiate with the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons.
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized repres entative. The corporate address and state
of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official addre ss of the
partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general partner of
partnership, a properly notarized power of attorney must be submitted with the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
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5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the B id as
irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the
Bidder and r eceived by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice
the right of a Bidder to file a new Bid prior to the time specified for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specifie d in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents
shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be
without legal effect. All requests for interpretations or clarifications shall be in writing and
addressed on the County’s Online Bidding System to be given consideration. All such requests
for interpretations or clarification must be received a s direct ed in the Online Bidding System
instructions and prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued via the
Online Bidding System at their respective emai l addresses furnished for such purposes no later
than three (3) working days prior to the date fixed for the opening of Bids. Such written
addenda shall be binding on Bidder and shall become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it
has received all addenda issued and it shall acknowledge same in its Bid.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. E xamined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of the Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that
may be encountered in the execution of the Work pursuant to these Bidding Documents as a
result of failure to make the necessary examinations and investigations shall be accepted as an
excuse for any failure or omission on the part of the Successful Bidder, nor shall they be
accepted as a basis fo r any claims whatsoever for extra compensation or for an extension of
time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with this
Project available to any Bidder requesting them at cost; provided, however, the Owner does not
warrant or represent to any Bidder either the completeness or accuracy of any such surveys
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and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such
additional surveys and investigations as may be necessary to determine its Bid price for the
performance of the Work within the terms of the Bidding Documents. This provision shall be
subject to Section 2.3 of the General Conditions to the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space is
provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in
the Project. The Owner may declare any Bid non -responsive or irregular if such materials are
not specifically named by Bidde r.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared o n the basis of number of units
stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be
multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement
may be rejected. Special atten tion to all Bidders is called to this provision, because if conditions
make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such
increased or decreased quantities. Compensation for such additive or subtractive chan ges in
the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a
notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to
re -negotiate any unit price(s) where the actual quantity var ies by more than twenty -five percent
(25%) from the estimate at the time of bid.
11.2 Alternate Bid Pricing : In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as li sted. The omission of a
response or a no -bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
invi tation (including the form of the bid documents or bid procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s
then current purchasing ordinance and policies .
12 .2 Statemen t of Award : The Award of Contract shall be issued to the lowest, responsive
and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the
Owner's investigations of the Bidder. In determining the lowest, responsive and quali fied bidder,
the Owner shall consider the capability of the Bidder to perform the contract in a timely and
responsible manner. When the contract is awarded by Owner, such award shall be evidenced
by a written Notice of Award, signed by a Purchasing profes sional of the Owner’s Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to awardee
at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing Departm ent
generally on Wednesdays or Thursdays prior to the presentation to the Board of County
Commissioners. Award of Contract will be made by the Board of County Commissioners in
public session. Any actual or prospective bidder who desires to formally protes t the
recommended contract award must file a notice of intent to protest with the Procurement
Director within two (2) calendar days (excluding weekends and holidays) of the date that the
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recommended award is posted. Upon filing of said notice, the protesti ng party will have five (5)
days to file a formal protest, said protest to strictly comply with Owner’s then current purchasing
ordinance and policies . A copy of the purchasing ordinance is available at
http://www.colliergov.net/Index.aspx?page=762 .
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such
copies.
12.6 Certi ficate of Authority to Conduct Business in the State of Florida (FL Stat 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of
State Divisions of Corporations in accordance with the requirements of Florida S tatute 607.1501
and provide a certificate of authority (www.sunbiz.org/search.html ) prior to execution of a
contract. A copy of the document may be submitted with the solicitation response and the
document n umber shall be identified. Firms who do not provide the certificate of authority at the
time of response shall be required to provide same within five (5) days upon notification of
selection for award. If the firm cannot provide the document within the ref erenced timeframe, the
County reserves the right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost t o
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner’s policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwis e known as “The Public Bid
Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection fees
applicable to this Work through an int ernal budget transfer(s). Hence, bidders shall not include
these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the
responsibility to initiate and complete all necessary and appropriate actions to obtain the
required per mits other than payment for the items identified in this section. Owner will not be
obligated to pay for any permits obtained by Subcontractors.
14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary
permits not issued by Col lier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work on this
Project sh all be “qualified” as defined in Collier County Ordinance 2013 -69 , meaning a person
or entity that has the capability in all respects to perform fully the Agreement requirements and
has the integrity and reliability to assure good faith performance. A Sub contractor’s
disqualification from bidding by the Owner, or other public contracting entity within the past
twelve months shall be considered by the Owner when determining whether the Subcontractors
are “qualified.”
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15.2 The Owner may consider the past performa nce and capability of a Subcontractor when
evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement
within the time required. Owner reserves the right to disqualify a Bidder who includes
Subcontractors in its bid o ffer which are not “qualified” or who do not meet the legal
requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have been
disqualified from submitting bids to the Owner, d isqualified or de -certified for bidding purposes
by any public contracting entity, or who has exhibited an inability to perform through any other
means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall
identify the subco ntractor(s) it intends to use for the categories of work as set forth in the List of
Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and
agree that the subcontractors identified on the list is not a complete list of the subcontractors to
be used on the Project, but rather only the major subcontractors for each category of Work as
established by Owner. Bidders further acknowledge that once there is an Award of Contract,
the Successful Bidder shall identify, subject to Owner’s review and approval, all the
subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor
shall be removed or replaced without Owner’s prior written approval.
Per CFR 23 Ch I (635.116) Awarded firm must self -perfor m at least 30% of th e total original
contract price excluding any identified specialty items.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, Collier County Ethics Ordinance No. 200 4 -05 , and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a . Prohibition by the individual, firm, and/or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited
to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by
the individual and/or firm for cause.
Section 17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a response . Firms and their agents are not to contact members of the County
Commission for such purposes as meeting or introduction, luncheons, dinners, etc. Dur ing the
process, from solicitation closing to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this solicitation, or the vendor’s response, with
the exception of the Procurement Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
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GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a fu nctionally 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 sha ll 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 l atest 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 in terpretation 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.
Drawings are intended to show general arrangements, design and extent of Work a nd 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 determi ned 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
a nd 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 .
Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfyin g 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; ava ilability 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 surfac e 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 Co ntractor 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.
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Contra ctor 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". Co ntractor 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 in terfere
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).
Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encou ntered 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 tho se 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 investigat ive 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
acknowledg e 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, th e dispute resolution procedure set forth in the Contract Documents shall be
complied with by the parties.
3. SCHEDULE.
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 exped itious 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.
The Progress Schedule shall be updated monthly by the Contractor. All month ly 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 approv al of the submitted Progress Schedule
updates shall be a condition precedent to the Owner's obligation to pay Contractor.
All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in e ffect. Unless otherwise specified, work will generally
be limited to the hours of 9 :00 a .m . to 3 :00 p .m ., Monday through Friday . No work shall be
performed outside the specified hours without the prior approval of the Project Manager.
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4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative.
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 submi tted with its Bid showing
the work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors
submitted with Contractor’s Bid and any subsequ ently identified Subcontractors are subject to
Owner’s prior written approval. The first Application for Payment shall be submitted no earlier
than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the
contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any
required Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premiu m paid by
Contractor for the bonds.
4.3 Contractor shall submit all Applications for Payment to the County’s Project Manager and/or
his designee.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner’s
sole discretion , Owner is not required to make any payment for materials or equipment that
have not been incorporated into the Project. If payment is requested on the basis of materials
and equipment not incorporated into the Project, but delivered and suitably stored a t the site or
at another location, and such payment and storage have been agreed to by Owner in writing,
the Application for Payment also shall be accompanied by a bill of sale, invoice or other
documentation warranting that the Owner has received the mate rials and equipment free and
clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other
arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's
satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record.
4.5 Contractor shall submi t three (3 ) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). After the date of each Application for Payment is stamped as received
and w ithin the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design
Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its
approval of only a portion of the requested payment, stating in writing its reasons therefore; or
(3) return the Application for Payment to the Contractor indicating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Sectio n 218.735, F.S. and the administrative procedures
established by the County's Purchasing Department and the Clerk of Court’s Finance
Department respectively.
4.6 In the event of a total denial by Owner and return of the Application for Payment by the
Pro ject Manager, the Contractor may make the necessary corrections and re -submit the
Application for Payment. The Owner shall, within ten (10) business days after the Application
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for Payment is stamped and received and after Project Manager approval of an Ap plication for
Payment, pay the Contractor the amounts so approved.
4.7 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request
or ten percent (10%) of the portion thereof approved by the Project Manager for payment,
which ever is less. Such sum shall be accumulated and not released to Contractor until final
payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute
255.078. The Project Manager shall have the discretion to establish, in writing , a schedule to
periodically reduce the percentage of cumulative retainage held throughout the course of the
Project schedule. Owner shall reduce the amount of the retainage withheld on each payment
request subsequent to fifty percent (50%) completion sub ject to the guidelines set forth in
Florida Statute 255.078 and as set forth in the Owner’s purchasing ordinance and policies.
Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Paym ent, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, acknowledging Contractor’s receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by Owner with
respect to the current Application for Payment. Further, to the extent directed by Owner and in
Owner’s sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form 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 Ap plication for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a
detailed Project Funding Schedule, which shall be updated as necessary and approved by
Owner to reflect approved adjustments to the Contract Amount and Contract Time. No
voluntary acceleration or early completion of the Work shall modify the time of payments to
Contractor as set forth in the approved Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Cont ractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Own er continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non -payment under the legal doctrine of “laches” as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not
accept any additional surcharges (credit card transaction fees) as a result of using the County’s
credit card for transactions relating to this solicitation
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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 pa yments
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 o f 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 w ritten 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 Agr eement or any other agreement between Contractor
and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made
arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to
the County by applying the amount owed to the vendor or contractor for services performed of
for materials delivered in
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Purchasing Department and the
Clerk of Court’s Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished
Owner with a properly executed and notarized copy of the Release and Affidavi t 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 a nd the Project Manager shall jointly
complete the Final Payment Checklist.
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 t o 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 sh all 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.
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7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by
the Contract Documents in sufficient time to prevent any delay in the delivery of such materials
and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item
is intended to establish the type, function and quality required. Unless the name is followed by
words indicating that no substitution is permit ted, 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 Con tractor, 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, certifyi ng 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 sta te 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 Doc uments (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 a ll 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 pr oposed 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 deter mine 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 pri or written acceptance which
shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved
Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
record time required by the Project Manager and the Project Manager's consultants in
evaluating substitutions proposed by Contractor and making changes in the Contract
Documents occasioned thereby. Whet her or not the Owner accepts a proposed substitute,
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Contractor shall reimburse Owner for the charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS -BUILTS A ND MEETINGS .
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The daily log shall do cument all activities of
Contractor at the Project site including, but not limited to, the following:
Weather conditions showing the high and low temperatures during work hours, the amount of
precipitation received on the Project site, and any other weath er conditions which adversely
affect the Work; Soil conditions which adversely affect the Work; The hours of operation by
Contractor's and Sub -Contractor's personnel; The number of Contractor's and Sub -Contractor's
personnel present and working at the Proj ect site, by subcontract and trade; All equipment
present at the Project site, description of equipment use and designation of time equipment was
used (specifically indicating any down time); Description of Work being performed at the Project
site; Any unu sual or special occurrences at the Project site; Materials received at the Project
site; A list of all visitors to the Project . Any problems that might impact either the cost or quality
of the Work or the time of performance.
The daily log shall not con stitute 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 limit ed 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 m ade 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 Chan ge Orders, Work
Directive Changes and Field Orders, and all concealed and buried installations of piping,
conduit and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in relationship to not
less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated
drawings shall be clean and all changes, corrections and dimensions shall be given in a neat
and legible manner in a contrasting color. The "As -Built" record documents, together with all
approved samples and a counterpart of all approved shop drawings shall be available to the
Project Manager or Design Professional for reference. Upon completion of the Work and as a
c ondition 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, including
specifically those contractual requirements in F.S. § 119.0701(2(a) – (d) and (3) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required b y the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chap ter or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law.
(d) Meet all requirements for retaining public r ecords and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
req uirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems
of the public agency.
(3) If a contractor does not comply with a public records request, the public agency
s hall enforce the contract provisions in accordance with the contract .
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Wo rk being
done on the Project by its subcontractors and material -men, as well as coordinating its Work
with all work of others at the Project Site, so that its Work or the work of others shall not be
delayed or impaired by any act or omission by Contractor. Contractor shall be solely
responsible for all construction means, methods, techniques, sequences, and procedures, as
well as coordination of all portions of the Work under the Contract Documents, and the
coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.
Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a
result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the
Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the
cause or causes thereof, or be deemed to have waived any right which Contractor may have
had to request a time extension.
9.2 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from a ny 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 a grees that it shall receive no damages for delay. Contractor's sole remedy, if any, against
Owner will be the right to seek an extension to the Contract Time; provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as to claims based on late completion.
9.3 In no event shall any approval by Owner authorizing Contractor to continue perfor ming
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 t he 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 endan gering life or property, or as expressly set forth herein, no
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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 o fficer, 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 witho ut 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 bu t rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order shall be issued and executed promptly after an agreement is reached
between Contractor and Owner concerning the requested changes. Contractor shall promptly
perform chang es authorized by duly executed Change Orders. The Contract Amount and
Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor
shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a
written Work Directive Change. In that event, the Contract Amount and Contract Time shall be
adjusted as directed by Owner. If Contractor disagree s 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 resul ts in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and material
costs and reasonable actual equipment costs as a result of the change (including allowance for
labor burden costs ) plus a maximum ten percent (10%) markup for all overhead and profit. In
the event such change Work is performed by a Subcontractor, a maximum ten percent (10%)
markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct lab or
and material costs and actual equipment costs shall be permitted, with a maximum five percent
(5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum
markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or
sub -subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub -Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and s hall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify
the accuracy of the Contractor's claim wi th 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 Contrac t 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 complianc e with the County purchasing
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
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interpre tation 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 aris ing 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 whe n 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 th e
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 pr oceed 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 Co ntract Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utility owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents, written notice thereof will
be given to Contractor prior to starting any such other work. If Contractor believes that such
performance will involve additional expense to Contractor or r equire 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 s hall 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 en danger 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
Contract or 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 deficiencie s 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 IN SURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold
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harmless Owner and its officers and employees from any and all liabilities, claims, damages,
penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited
to, reasonable attorneys’ fees and paralegals’ fees, whether resulting from any claimed breach
of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or c onsequential damages, or economic loss, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor’s
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance unde r the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit A -12 to the
Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions,
requirements and obligations set forth under Exhibit A -12 .
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing wi th taxation, worker's compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify P roject Manager in writing. To the extent any law, rule, regulation, code,
statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinances, rules or regulations
subsequent to the date this Agreement was executed that increases the C ontractor’s time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
14.2 By executing and enterin g into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regul ations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately .
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers i n the United States; it is
not a substitute for any other employmen t eligibility verification requirements. The program will
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be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services. Exceptions to the program:
Commodity based p rocurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors /Bidders are required to enroll in the E -Verify program, and provide acceptable
evidence of their enrollment, at the t ime of the submission of the vendor’s/bidder’s proposal.
Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile
page or a copy of the fully executed E -Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the
solicitation documents. If the Bidder does not comply with providing both the acc eptable
E -Verify evidence and the executed affidavit the bidder’s proposal may be deemed non -
responsive.
Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all
purchases not covered under the “Exceptions to the program” clause above. For additional
information regarding the Employment Eligibility Verification System (E -Verify) program visit the
following website: http://www.dhs.gov/E -Verify . It shall be the vendor’s res ponsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immi gration 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 referenc ed 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 Pro ject 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 improvement s
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
writi ng of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this
Agreement or any part thereof, it shall require that its assignee be bou nd to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
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17. PERMITS, LICENSES AND TAXES .
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
in cluding license fees, permit fees, impact fees or inspection fees applicable to the Work
through an internal budget transfer(s). Contractor is not responsible for paying for permits
issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier County
agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any
permits obtained by Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not
issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
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 t he Agreement, in whole or in part, as further set
forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
within the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Proj ect 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 pr osecution of
the Work; or (5) fails to resume Work which has been suspended within a reasonable time after
being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or (7) allows any final judgment to stan d 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 o f said written notice or such longer period of time as may be consented to
by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or
waiving its rights and remedies against the Contractor's sureties and without prejudi ce 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 de ems 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, incl uding all
management, administrative and other overhead and other direct and indirect expenses
(including Design Professional and attorneys' fees) or damages incurred by Owner incident to
such completion, shall be deducted from the Contract Amount, and if such expenditures exceed
the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on
demand the full amount of such excess, including costs of collection, attorneys' fees (including
appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid
balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by
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the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to
be paid to the Contrac tor 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 amou nt 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, material s, equipment, supplies, and other
items therefore or re -letting the Work, and in settlement, discharge or compromise of any
claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein, then the
termin ation will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contracto r within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of rece iving 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 A greement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contr act
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
giving written notice to Owner of Contractor’s intent to terminate this Agreement. If Owner does
not cure its default within fourteen (14) days after receipt of C ontractor’s written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be ent itled to payment for Work not performed or any
other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contra ctor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination exp enses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to
seek an extension of time t o its schedule in accordance with the procedures set forth in the
Contract Documents. In no event shall the Contractor be entitled to any additional
compensation or damages. Provided, however, if the ordered suspension exceeds six (6)
months, the Contrac tor shall have the right to terminate the Agreement with respect to that
portion of the Work which is subject to the ordered suspension.
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20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for
its inten ded use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing givi ng the reasons therefore. If Owner, after
conferring with the Design Professional, considers the Work (or designated portion)
substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of
Substantial Completion which sha ll 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
fro m the Work and Project site (or designated portion thereof) after the date of Substantial
Completion, but Owner shall allow Contractor reasonable access to complete or correct items
on the tentative punch -list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly 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 Cont ract 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: (all related construction administration forms are available on
www.colliergov.net/purchasing )
1. Receipt of Contractor’s Final Application for Payment.
2. The Release and Affidavit.
3. Consent of surety to final payment.
4. Receipt of the final p ayment 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 the o wner.
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 re serves 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 payme nt
nor the retainage shall become due and payable.
21. WARRANTY.
Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified,
and that all Work shall be of good quality, free from all defects and in conforma nce 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,
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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 .
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
govern mental agencies with jurisdiction over the Project shall have access at all times to the
Work, whether the Work is being performed on or off of the Project site, for their observation,
inspection and testing. Contractor shall provide proper, safe conditio ns 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 r equired 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 r equested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reason able promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
Project Manager, be uncovered for Project Manager's observation and be replaced at
Contractor's sole exp ense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor
all engineering and inspection expenses incurred by Owner in connection with any overtime
work. Such overtime work consisting of any work during the construc tion period beyond the
regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall re lieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties
made or assigned by Contractor to Owne r shall be deemed defective Work. If required by
Project Manager, Contractor shall as directed, either corrects all defective Work, whether or not
fabricated, installed or completed, or if the defective Work has been rejected by Project
Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear
all direct, indirect and consequential costs of such correction or removal (including, but not
limited to fees and charges of engineers, architects, attorneys and other professio nals) made
necessary thereby, and shall hold Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise
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req uired to be inspected or tested, Contractor, at Project Manager's request, shall uncover,
expose or otherwise make available for observation, inspection or tests as Project Manager may
require, that portion of the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and
consequential costs of such uncovering, exposure, observation, inspection and testing and of
satisfactory reconstruction (including, but not limited to, fees and charges of engineers,
architects, attorneys and other professionals), and Owner shall be entitled to an appropriate
decrease in the Contract Amount. If, however, such Work is not found to be defective,
Contractor shall be all owed an increase in the Contract Amount and/or an extension to the
Contract Time, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fail s to supply sufficient skilled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents, Project Manager may order
Contractor to stop the Work, or any porti on thereof, until the cause for such order has been
eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for
Owner’s benefit and nothing herein shall be construed as obligating the Project Manager to
exercise th is right for the benefit of Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, in direct and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order shall
be executed evidencing such acceptance of such defective Wo rk, incorporating the necessary
revisions in the Contract Documents and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
promptly pay Owner an appropriate amount to a dequately compensate Owner for its
acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager,
to correct defective Work or to remove and replace rejected defective Work as required by
Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract
Documents, Owner may, after seven (7) days written notice to Cont ractor, correct and remedy
any such deficiency. Provided, however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor fro m any or all of the Project site, take
possession of all or any part of the Work, and suspend Contractor's services related thereto,
take possession of Contractor's tools, appliances, construction equipment and machinery at the
Project site and incorporate in the Work all materials and equipment stored at the Project site or
for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow
Owner, Design Professional and their respective representatives, agents, and employees such
a ccess to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change Order
shall be issued, incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs
shall include, but not be limited to, fees and charges of engineers, architects, attorneys and
other professionals, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allow ed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
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24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedu le, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents. Contractor shall keep on the Work at all times during its progress
a competent resident superintendent, who shall be subject to Owner’s approval and not be
replaced without pr ior written notice to Project Manager except under extraordinary
circumstances. The superintendent shall be employed by the Contractor and be the
Contractor's representative at the Project site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if given to
the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project
superintendent , with or without cause. A list identifying the Contractor’s Pr oject Superintendent
and Project Manager shall be included in Exhibit A -3 and all of Contractor’s key personnel who
are assigned to the Project; such identified personnel shall not be removed without Owner’s
prior written approval, and if so removed must b e immediately replaced with a person
acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engage d in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall, at his discretion, deduct from the
Contractor's monthly pay estimate, sufficient moneys to account for the O wner's loss of
adequate project supervision, not as a penalty, but as liquidated damages, separate from the
liquidated damages described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from los s or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any moneys necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Desi gn
Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone
for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks,
Contractor shall immediately notify Project Manager and Desi gn Professional. The Owner or
Design Professional shall re -establish the benchmarks and Contractor shall be liable for all
costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection o f persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give P roject Manager written notice within forty -eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
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Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been c aused thereby. If the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Con tractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREM ISES.
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 p ermitted by law, rights of way,
permits and easements, and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof, or any land or areas
contiguous thereto, resulting from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Wo rk and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs,
walks, pavements, roadw ays, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for
such safety and protection. Contractor shall notify owners of adjac ent property and of
underground structures and improvements and utility owners when prosecution of the Work may
affect them, and shall cooperate with them in the protection, removal, relocation or replacement
of their property. Contractor's duties and res ponsibilities for the safety and protection of the
Work shall continue until such time as the Work is completed and final acceptance of same by
Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical
installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible repres entative located on a full time basis at
the Project site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property.
All employees of Contractor, as well as those of all subcontractors and those of any other
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person or entity for whom Contractor is legally liable (collectively referred to herein as
“Employees”), shall not possess or be under the influence of any such substances while on any
Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or
other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply
with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 A ll 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
C ontractor 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 Emp loyees 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 regulat ions 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 Employ ees 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 sha ll 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. Friend s, 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 faciliti es, 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 a nd 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 prosec ution of the Work, the Contractor shall attend any and
all meetings convened by the Project Manager with respect to the Project, when directed to do
so by Project Manager or Design Professional. The Contractor shall have its subcontractors and
suppliers at tend all such meetings (including the pre -construction conference) as may be
directed by the Project Manager.
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30 VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31 MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall
provide and erect Traffi c Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as
prescribed in the Florida Department of Transportation’s Design Standards (DS), where
applicable on s tate roadways. These projects shall also comply with Collier County’s
Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available
through Risk Management and available on -line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become
familiar with their requirements. Strict adherence to the requirements of the Maintenance o f
Traffic (“MOT”) policy will be enforced under this Contract. All costs associated with the
Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required,
MOT is to be provided within ten (10) days of receipt of Notice of Award.
32 SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup
shall be applie d to sales tax. Additionally, as directed by Owner and at no additional cost to
Owner, Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anyt hing herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make
direct purchases of various construction materials and equipment included in the Work (“Direct
Purchase”). Contractor shall prepare purchase orders to vendors selected by Contractor, for
execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for
execution of all such purchase orders by Owner. Contractor represents and wa rrants that it will
use its best efforts to cooperate with Owner in implementing this sales tax savings program in
order to maximize cost savings for the Project. Adjustments to the Contract Amount will be
made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or
group of similar or related Direct Purchases, unless otherwise mutually agreed upon between
Owner and Contractor. With re spect to all Direct Purchases by Owner, Contractor shall remain
responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling,
installing, warranting and quality control for all Direct Purchases. Notwithstanding anything
herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases
shall be included within and covered by Contractor’s warranty to Owner to the same extent as
all other warranties provided by Contractor pursuant to the terms of the C ontract 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 t o Contractor any and all warranties and
Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase
by Owner.
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32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapt er 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the br eakdown and composition
of bid packages for award of subcontracts, based on the current Project Milestone Schedule,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
for their review and approval prior to submitting its first Application for Payment. Contractor
shall take into consideration such factors as natural and practical lines of severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditi ons, availability of labor and materials, community relations and any
other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
affected Subcontractors a nd shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner’s best interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
por tion of the Work on this Project must be “qualified” as defined in Collier County Ordinance
2013 -69, meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor’s bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses,
li censing 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 modi fied, 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 contin uously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for
every Subcontractor and sub -subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner’s approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders s hall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
be performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owne r, Collier County Government, will be an additional
insured on all liability insurance policies required to be provided by the Subcontractor except
workman’s compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6 ) identify Owner as an intended third -party beneficiary of the subcontract or
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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 Subcontr actor will
be bound. Each Subcontractor shall similarly make copies of such documents available to its
sub -subcontractors.
Each Subcontractor performing work at the Project Site must agree to provide field (on -site)
supervision through a named superinten dent 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
scheduli ng 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 leve l 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.
Unless otherwise expressly waived by Owner in wri ting, all subcontracts and purchase orders
shall provide:
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.
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.
The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly
agree that the foregoing constitute it s sole and exclusive remedies for delays and changes in
the Work and thus eliminate any other remedies for claim for increase in the contract price,
damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to simila rly incorporate the terms of this Section 33.6 into their sub -subcontracts
and purchase orders.
33.5 Each subcontract and purchase order shall require that any claims by Subcontractor for
delay or additional cost must be submitted to Contractor within t he time and in the manner in
which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis,
all Project files and records, including, but not limited to, the following administrative
records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34 .1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
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34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost -Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Per mits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As -Built" Marked Prints
31.1.24 Operating & Maintenance Instruction
31.1.25 Daily Progress Reports
31.1.26 Monthly Progress Reports
31.1.27 Correspon dence Files
31.1.28 Transmittal Records
31.1.29 Inspection Reports
31.1.30 Punch Lists
31.1.31 PMIS Schedule and Updates
31.1.32 Suspense (Tickler) Files of Outstanding Requirements
The Project files and records shall be available at all times to Owner an d Design Professional or
their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commis sioners, “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 sha ll meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
35. SECURITY.
If required, Contractor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Department for all employees that shall provide ser vices
to the County under this Agreement. This may include, but not be limited to, checking federal,
state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications an d other related records.
Contractor shall be required to maintain records on each employee and make them available to
the County for at least four (4) years.
36. V ENUE .
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING .
All projects with an estima ted cost of $10 million or more shall be reviewed for consideration of
35
ITB 15 -6484 New Market Road Sidewalk Improvements
a Value Engineering (VE) study conducted during project development. A “project” shall be
defined as the collective contracts, which may include but not be limited to: design, construct ion,
and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The c ontractor shall ensure compliance with all NFPA regulations: specifically 110 &
30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida
Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertai ning
to the storage of hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day
tanks for g enerators, storing / will be storing petroleum products or hazardous materials. The
contractor shall provide a 10 day and 48 hour notice to SHWMD 239 -252 -2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank sy stems containing
hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor’s submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISO R , 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 perfor ming 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 sh all 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 comm encement 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 s hall 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 t his Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.