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Backup Documents 10/25/2016 Item #16A29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPJ\4eP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT er THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR I't , IA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forr' arded tote orney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cou t orney Office no later than Monday preceding the Board meeting. ement **NEW** ROUTING SLIP SkMara9 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre�y complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2.complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the Office Initials Date Following Addressee(s)(In routing order) 1. Risk Risk Management qL C , 'l-4g i 6 2. County Attorney Office County Attorney Office CK)& i►• I• IL 3. BCC Office Board of County Commissioners mt: r Tiz k\k\k‘ke 4. Minutes and Records Clerk of Court's Office (' (I ! 2. �p,, 5. Return to Procurement Services Division Procurement Services �7 fl�\1�1� Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Camille Shim-Marinos for, Evelyn Colon Phone Number 239-252-2667 Procurement Staff . � ' Contact and Date Agenda Date Item was 10/25/2016 / Agenda Item Number 16.A.29 Approved by the BCC �/ Type of Document Contract Number of Original 2 / Attached Documents Attached �/ PO number or account N/A Solicitation/Contract Concrete Sidewalks, number if document is Number/Company Curbs,Floor .•. Other to be recorded Name Applicatio • / 16-6624 /Herita l :uilders LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ` ' 0h�-- 0,114-- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be essiq signed by the Chairman,with the exception of most letters,must be reviewed and signed c orlk by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CJSM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip f�gM should be provided to the Coity Attorney Office at the time the item is input into SIRE. itil Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made CJSM • tr during the meeting have been incorporated in the attached document. The County W + 1,% Attorney's Office has reviewed the changes,if applicable. ,'`; (1(9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the : V i iakic Chairman's signature. i a I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,12tevised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 A 29 MEMORANDUM Date: November 2, 2016 To: Camille Shim-Marinos Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6624 "Concrete Sidewalks, Curbs, Floor and Other Applications" Contractor: Heritage Builders Attached is an original of the document referenced above, (Item #16A29) approved by the Board of County Commissioners on Tuesday, October 25, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16 A 29 AGREEMENT 16-6624 for Concrete Sidewalks, Curbs, Floor and Other Applications THIS AGREEMENT is made and entered into this .2day of 0601ekr, 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Heritage Builders LLC., authorized to do business in the State of Florida, whose business address is 3725 31st Avenue SW, Naples, Florida 34117 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on Board Approval Date, and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Purchase Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for one (1) additional, two year renewal. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Concrete Sidewalks, Curbs, Floor and Other Applications services in accordance with the terms and conditions of ITB # 16-6624 and Exhibit A, Scope of Work, hereby attached and incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 The procedure for obtaining Work under this Agreement is as follows: Prior to the start of each individual job/projects or group of jobs/projects, the user division shall provide a description of Work to be performed to the Contractor. The Contractor shall have two (2) business days to respond that they are willing and able to complete the job(s)/project(s) in the Page -1- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applica Heritage Builder•e 16A29 required timeframe. The user division will then authorize the services, provided that there has been a Purchase Order established for the Work. 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees in Exhibit C — Price Schedule and the price methodology as defined in Section 3.1. 3.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Heritage Builders LLC 3725 31st Avenue SW Naples, Florida 34117 Phone: 239-325-7387; Fax: 239-348-1596 Attn: Neville M. Davies Email: Susie.heritagehuilders(a-},gmail.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page -2- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLco 16A29 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but 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. 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the Work in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. Page -3- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applicati Heritage Builders AO 16A29 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12.BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit «B„ C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 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, County 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 Page -4- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applicata; Heritage Builder rO 16A29 County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any deduction obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 17. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 18. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page -5- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LL 42) 16 A 2 9 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 22. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or Page -6- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Application " Heritage Builders 40 16 A 29 claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS. 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 to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -7- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders L 16A29 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Division. 28. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB # 16-6624 any addenda, Exhibit A — Scope of Work, Exhibit B — Public Payment Bonds Exhibit C — Price Schedule, and subsequent quotes, made or issued pursuant to this Agreement. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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 Agreement held by the individual and/or firm for cause. 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page-8- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applicat'; Heritage Builder 1 6 A 29 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 36. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS(")a,colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 37. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County'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. Page-9- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LU0 16 A 2 9 38. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** Page -10- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" g Heritage Builders LLC 1: 6 A 2 9 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts 1d , . By: / Ai By: 14,140 lat. , . IT Dorhna Fiala, Chairman Dated: Y x A (Seal) Attest as to Chairman's signature only. 1 Heritage Builder, c. Contracto , / 44/-1 i -° By: First-Witness / Signature / r i Sf(it'll,' ,T_ Sehtt 1 ii_ Ai ' #'.t ilE IL,- kJ OLCI es Type/Print Witness Name Typed Signature -7-7--(:' a4-e& ei-C'' i ) )--eor )i)(• / Second it ss Tit e ----/ A-74,S (2,/A/:,g a Type/Print Witness Name pproved as to Form and Legality: 66-&-Gt--211A6C/ IL ssistant County Attorney Page -11 11;) - #16-6624"Concrete Sidewalks,Curbs, Floor and Other Applications Heritage Builders LLC,as Primary Contractor 16A29 Exhibit A- Scope of Work 1.1. Intent of Contract The intent of the Contract (also referred to as "Agreement") will be to provide for the repair, maintenance and/or construction services and the completion in every detail of the work described herein. A Vendor (also referred to as "Contractor") shall be responsible for all work assigned under this Contract. For Road Maintenance specific projects, upon issuing the Notice to Begin Work (NTBVV), the Vendor must respond to accept the work within two (2) business days. The Vendor shall furnish all labor, materials, mobilization, equipment, tools, transportation, Maintenance of Traffic (MOT) Intermediate Level, and supplies required to complete the work in accordance with the Scope of Work and specifications and Contract Documents. 1.2. Scope of Work(Portland Cement Concrete—Class 1) This project includes the management and performance of concrete services from a qualified Vendor that has the capability to perform all the services on an as-needed basis in accordance with the solicitation documents. 1.3. Full Restoration Full restoration is defined as bringing a disturbed area back to original or improved conditions. Areas that are disturbed due to the Vendor staging area will be restored by Vendor at no additional cost to the Department (also referred to as "Division"). 1.4. Guarantee All restored areas on private property within the public right-of-way shall be guaranteed for one (1) year. In the event of settlement of paved areas more than one-quarter inch (1/4") below the undisturbed adjacent permanent pavement, the Vendor shall make the necessary repairs to restore the pavement level within ten (10) calendar days after notification by the Division and the Contractor shall be responsible for the cost of such repairs. 2. Specifications The specifications are applicable to concrete designated as Class I (non-structural), hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials. The delivery of concrete shall be freshly mixed in an unhardened state to the work area site. All sidewalk slabs shall have a six (6) inches depth when abutting public roadways. Note: Proposed construction and any contractual requirements not covered by these Standard Specifications may be covered by Contract plan notes or by Supplemental Specifications or Special Provisions for the Contract. All requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522 Concrete Sidewalk when applicable. 2.1. Materials Must meet the requirements specified in section 520-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition including all revisions. Certify all materials used in concrete are from FDOT approved sources, and free from detrimental matter. Portland Cement Concrete Section 346 Chemical Admixtures Section 924 Grinding Concrete Pavement Section 352 Curing Materials Section 925 Coarse Aggregate Section 901 Pozzolans and Slag Section 929 Fine Aggregate Section 902 Embedded Items Section 931 Portland Cement Section 921 Joint Seal Section 932 Water Section 923 Page-12- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 Base Rock- Lime rock, shell rock, and local rock shall conform to FDOT Specifications, Section 911. 2.2. Sidewalks All sidewalks shall have a six inch (6") depth when abutting public roadways. No fiber shall be used in sidewalks. • Forms Contractor shall provide forms as specified in section 520-3 of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction latest edition including all revisions. • Excavation Excavate to the required depth and compact the foundation material upon which these items are to be placed as specified in section 120-9 of the FDOT Standard Specifications for Road and Bridge Construction latest edition including all revisions. Contractor is responsible for removing all roots, vegetation, unauthorized piping and other structures and items located in the footprint of where the work is to take place at no additional cost to the using Department; all cost should be included with the unit price of pay item being used. Upon discovery of active piping in the footprint the contractor will be responsible for capping off piping that may cause washouts or other damage to the location at no additional cost to the department. • Foundation Compact fill areas, including cut areas under the sidewalk that have been excavated more than six (6) inches below the bottom of sidewalk to a minimum of 95% of AASHTO T 99 density. The area to be compacted is defined as that area directly under the sidewalk and one foot (1') beyond each side of the sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material that may be required under sidewalk to be removed and/or added, to keep consistent or level with the existing sidewalk elevation(s) at no additional cost to the County. All costs should be included in the unit price of applicable pay item. • Joints Contractor shall use the FDOT Standard Specifications for Road and Bridge Construction, the most current edition including all updates for the section that applies to the work being performed. • Contraction Joints—The Contractor may use open type or sawed contraction joints. • Expansion Joints - Form '/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-1.1. • Open-Type Joints - Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint, remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1/2 inch radius. • Sawed Joints - If choosing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 % inches deep with a concrete saw after the concrete has set, and within the following periods of time: o 3/16 inch Saw cut joints, 1% inch deep at not more than 30 feet intervals within (12 hours) after finishing. o 3/16 inch Saw cut joints, 1% inch deep within (96 hours) after finishing, maximum 5 foot centers. Page-13- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16A29 • Placing Concrete Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. • Finishing Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the forms, to obtain the required grade and remove surplus water and laitance. • Surface Requirements Provide the concrete with a broom finish. Ensure that the surface variations are not more than % inch under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of the sidewalk with an edging tool having a radius of'/ inch. Apply a tine finish by an approved hand method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately '/ inch center to center. • Curing Cure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition approved by Project Manager, and revisions thereto current at the time of contract letting. • Admixture Requirements Chemical admixtures may be added at the dosage rates recommended by the manufacturer. • Material Substitutions Approved material sources may be substituted for similar materials indicated on the originally approved mix design. Use originally approved mix components and proportions, when unsatisfactory test results are obtained from the use of the substituted material(s). 2.3. Production, Mixing, and Delivery • Concrete Production Requirements: • Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete Association (NRMCA) or approved by the District Materials Office and on the Department's approved plant list. • Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. • Mixers Ensure mixers are capable of combining the components of concrete into a thoroughly mixed, uniform mass, free of cementitious lumps and capable of discharging the concrete uniformly. • Delivery Make adjustments to mix consistency at the site of placement only before any concrete from the load is placed. Do not make adjustments which will cause the allowable slump or maximum specified water cementitious ratio to be exceeded. 2.4. Quality Control • Concrete Mix Design Page-14- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 1 6 A 29 Prior to producing any concrete, submit the proposed mix design to the County on a form provided by the Department. Use only concrete mix designs meeting the following requirements and having prior approval from the Maintenance Manager or designee. > Maximum water to cementitious materials ratio 0.55 lbs/lbs [0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious Materials Content 470 lbs/yd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be adjusted provided that the theoretical yield requirement of the approved Mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on the Department concrete delivery ticket. The County may disqualify any concrete production facility for non-compliance with Specification requirements. Comply with requirements of applicable FDOT for concrete mix design, sampling and testing, and quality control, and as herein specified. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air- entraining admixture and water to produce the following properties. > Compressive Strength: 4,000 psi for driveways, curbs, and gutters. > Compressive Strength: 3,000 psi for sidewalks. > Compressive Strength: 2,500 psi for concrete encasements and cradles. > Air Content: three to six percent (3-6%). > Concrete placement slump shall not exceed plus or minus one inch (1") from the approved design slump. • Sampling and Testing The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his discretion to verify its quality. • Certification and Acceptance Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The concrete producer may use an alternate form provided that it contains the required information. Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher responsible for production of the concrete, certifying that the batch was produced in accordance with specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the maximum specified water to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch, and that the batch was delivered and placed in accordance with specification requirements. Concrete acceptance by the Department will be by Certification on the Delivery Ticket, as described herein, by the Batcher and the Contractor. The Maintenance Manager will hold the contractor responsible for rejecting loads of concrete that do not meet specification requirements, or exceeds the allowable slump or water to cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet the 28-day compressive strength requirements. At the sole option of the Department, the Maintenance Manager may accept concrete at a reduced pay when it is determined that the concrete may not serve its intended function. • Placing Concrete Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition to include any revisions. 2.5. Concrete Gutter, Curb Elements Vendor is responsible for removing all roots, vegetation, unauthorized piping and other structures and items located in the footprint of where the work is to take place at no additional cost to the Division/Department. All cost should be included with the unit price of pay item being used. Upon discovery of active piping in the footprint the Vendor will be responsible for capping off piping that may cause washouts or other damage to the location at no additional cost to the County. Page-15- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 1 6 A 29 • Concrete Use Class I concrete meeting the requirements of section 347 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. • Reinforcement For all steel reinforcement that may be required, it must meet the requirements of section 415 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction latest edition. • Joint Materials Must meet the requirements of section 932 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction latest edition. • Form Materials Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without deviation from line and grade. For all items constructed on a radius, use flexible forms. • Depth of Forms Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being deposited against them. • Machine Placement The Contractor may place these items by machine methods with the approval of the Maintenance Manager provided that the Contractor consistently produces an acceptable finished product, true to line, grade, and cross section. • Excavation Excavate to the required depth, and compact the foundation material upon which these items are to be placed as specified in section 120-9 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Contractor is responsible for any limerock base/fill material that may be required to be removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the using Department; all cost should be included with the unit price of pay item being used. This item also includes removal of roots, unauthorized piping or other structures or items that have intentionally/unintentionally been placed in footprint of the work to be completed that must be removed. • Placing Concrete Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the structure can be floated smooth and the edges rounded to the radius shown. Contraction Joints • Contraction Joints Except for machine placed items, the Contractor may form joints by using dummy joints (either formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete. Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them while the forms are still in place. Saw contraction joints, for machine placed items, unless the Maintenance Manager or designee approves an alternate method. Saw the joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet except where closure requires a lesser interval, but do not allow any section to be less than four (4) feet in length. Page-16- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 • Expansion Joints Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or by Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between other expansion joints or ends of a run. Ensure that the joint is 'A inch in width. • Finishing — Repair of Minor Defects Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove and replace any rejected curb, curb and gutter, or valley gutter without additional compensation. • Final finish Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are too rough or where other surface defects make additional finishing necessary, the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface, the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub further, using thin grout or mortar. • Curing —General Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing after completely finishing and as soon as the concrete has hardened sufficiently to permit application of the curing material without marring the surface. Immediately replace any curing material removed or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces exposed by placing a berm of moist earth against them or by any of the methods described below, for the remainder of the seventy two (72) hour curing period. • Wet Burlap Method Place burlap, as specified in section 925-1, of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely in place such that it will be in continuous contact with the concrete at all times, and do not allow any earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the burlap with water before placing it, and keep it thoroughly wet throughout the curing period. • Membrane Curing Compound Method Apply clear membrane curing compound or white pigmented curing compound, as specified in section 925-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, by a hand sprayer meeting the requirements of section 350-3.10 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, in a single coat continuous film at a uniform coverage of at least two hundred (200) square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating. Thoroughly agitate the curing compound in the drum prior to application, and during application as necessary to prevent settlement of the pigment. Page-17- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 2 9 ■ Polyethylene Sheeting Method Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six (6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all times. • Backfillinq and Compaction After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces in front and back of the curb to required elevation with suitable material (Vendor is responsible for any limerock base/fill material that may be required to be removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the using Department; all cost should be included with the unit price of pay item being used). Place and thoroughly compact the material in layers not thicker than six (6) inches. • Surface Requirements Test the gutter section of curb and gutter with ten (10) feet straightedge laid parallel to the centerline of the roadway and while the concrete is still plastic. Perform straight edging along the edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as directed by the Maintenance Manager or designee. Immediately correct irregularities in excess of 1/4 inch. • Quality& Final Cleaning Up of Right-of-Way The County will review completed areas for quality and acceptance. Upon completion of the work, and before the Department accepts the work and makes final payment, remove from the right-of- way and adjacent property all false work, equipment, surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work; and leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. Areas determined to be unsatisfactory by the County shall be removed and replaced at no additional cost to the Department. Repairs shall be completed prior to submission of the Vendor's invoice for work accomplished during the cycle. The County will make the final determination if work completed is satisfactory. 3. Internal Work Orders (May not be applicable to other County Departments) The Division's Road Maintenance Manager or designee will generate and issue an internal work order for each project and assign a Division Inspector. The internal work order will be emailed to the Division Contract Administration Specialist or designee to process a Notice to Begin Work (NTBW). 4. Notice To Begin Work(May not be applicable to other County Departments) The Division Contract Administration Specialist or designee shall generate the Notice to Begin Work for each project to include a commencement and completion date. The NTBW will be emailed to the Contractor's designated representative for the Contract. Contractor shall not commence work without a Notice to Begin Work and Purchase Order. 5. Contractor's Daily Activity Log (May not be applicable to other County Departments) Upon the issuance of the Notice to Begin Work (NTBW) and prior to work commencing, the Contractor shall submit to the Division Maintenance Manager or designee no later than 7:00 a.m. EST their work schedule for the project work that was requested in the NTBW and the internal work order(s). Page-18- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16A29 At the project completion, Vendor shall submit to the Maintenance Manager or designee the completed Daily Activity Log for Concrete: Sidewalks, Curbs, Floors and Other Applications. NOTE: The Contractor must immediately notify the Division Maintenance Manager or designee of any delays in work and they must follow up with written notification via email. 6. Key Personnel The Contractor shall provide the Division/Department with assigned Project Management and contact information for the on-site Supervisor and/or Crew Leader to include cell phone number(s) and email addresses following contract execution. Those employees shall be able to effectively communicate with the Division staff and the crews. The work issued must be given the attention necessary to ensure work progresses in accordance with the schedule and/or Division deadlines. In the event the Contractor's assigned Project Management will be absent, the Contractor shall immediately notify the County and provide the names and contact information for the substituted Project Management via email to the Division Maintenance Manager or designee. 7. Meetings Meetings throughout the contract term may be requested by the either party. • Kick-Off Meeting Immediately following award of the contract and prior to commencement of work, the Vendors shall meet with the Division for a kick-off meeting to review the requirements of the overall scope of work. There shall be no additional charges for meeting attendance. • Emergency Response Meeting The Contractor's representative may be required to travel immediately to a work area site to meet with the County to resolve an emergency situation. 8. Communication The communication and cooperation are required of the Vendor with the County. 9. Delays When inclement weather is expected which may delay the completion of project work within the timeframe outlined in the NTBW, the Contractor is required to email the Division at the time of inclement weather conditions which will cause the delay. • All other delays that are due to unforeseen circumstances not caused by the Vendor shall be requested in writing and sent via email to the Maintenance Manager or designee prior to the delay commencing and the request will be reviewed for authorization and approval to revise the NTBW to extend the date prior to the completion date. 10. Limitations of Operations • Interference with Traffic At all times conduct the work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to limit obstruction to the traveling public. 11. Contractor's Supervision The work shall be given constant attention necessary to ensure the scheduled progress is on-time and there is full cooperation with the Maintenance Manager and/or his appointed designee, assistant, or representative and with other contractors at work in vicinity. Page-19- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16A29 • Contractor's Superintendent Maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent superintendent capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of work being performed. ➢ Provide a superintendent with the full authority to receive instructions from the Maintenance Manager, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. ➢ Provide a superintendent who speaks and understands English, and maintain at least one other responsible person who speaks and understands English, on the project during all working hours. • Worksite Traffic Supervisor Provide a Worksite Traffic Supervisor who is responsible for initiating, installing, and maintaining all traffic control devices. • Ensure that the Worksite Traffic Supervisor has at least one (1) year of experience directly related to worksite traffic control in a supervisory or responsible capacity and is certified by the American Traffic Safety Services Association Worksite Traffic Supervisor Certification Program or an equal approved by the CCBC. • Supervisor who is available on a twenty four (24) hour per day basis, and who reviews the project on a day-to-day basis and participates in all changes to traffic control. • Provide the Worksite Traffic Supervisor with access to all equipment and materials needed to maintain traffic control and handle traffic related situations. • Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty four(24) hours. • Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the traffic control plan and any changes to it. • Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. • The Maintenance Manager may remove from the project a Worksite Traffic Supervisor that fails to comply with the provisions of this Sub article. 12.Alterations of Plans or Character Of Work The Maintenance Manager reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable. • Such increases, decreases or revisions shall not constitute a breach of Contract, and they shall not invalidate the Contract. • The Contractor agrees to perform the work, as revised, the same as if it had been a part of the original Contract. In the instance above, the determination by the Maintenance Manager shall be conclusive and shall not be subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Maintenance Manager was without any reasonable and good-faith basis. • Any changes, by the Maintenance Manager, for approved work revisions or time line extensions shall have a revised Notice to Begin Work (NTBW) issued by the Contract Administration Specialist for any of the above occurrences. • Authority and Duties Page-20- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16A29 The Maintenance Manager may appoint designees that will have authorization to inspect completed work and furnished materials. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. • Designees are not authorized to revoke, alter, or waive any requirement of these Specifications. • They have authorization to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Maintenance Manager or designee. • The Contract Administration Specialist or designee will immediately notify the Contractor in writing of any such suspension of the work stating in detail the reasons for the suspension. • The presence of the Division Inspector or designee does not lessen the responsibility of the Contractor. 13. Measurement and Payment • Measurement Standards The Division will measure all work completed under the Contract in accordance with the United States Standard Measures [International System of Units (SI) Measures]. • Measurements Sidewalk square yards are bid at unit price for six (6) inches of thickness, for thickness other than six (6) inches a multiplier will be used to calculate the square yards. All sidewalks shall have a depth of six(6) inches unless otherwise specified in the workorder. • Measurement Payment Examples > Four (4) inch thickness would use a 0.67 multiplier which one square yard four (4) inches thick would be equivalent to 0.67 square yards for payment purposes. > Eight (8) inch thickness would use a 1.33 multiplier so that one square yard eight (8) inches thick would be equivalent to 1.33 square yards for payment purposes. > Twelve (12) inch thickness would use a 2.0 multiplier so that one square yard twelve (12) inches thick would be equivalent to 2.0 square yards for payment purposes. • All Other Bid Items shall be measured using the unit of measure on the bid schedule. • Scope of Payments Items included in payment: • Accept the compensation as provided in the Contract as full payment for all work performed and contemplated under the Contract. • For any item of work contained in the quote, include in the Contract unit price for the pay item or itemize the cost of all labor, equipment, materials, tools and incidentals required for the complete item of work, including all requirements of the section specifying such item of work, except as specifically excluded from such payments. • Withholding Payment for Defective Work If the Division/Department discovers any defective work or material prior to the final acceptance then the Division/Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect. Page-21- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 1 6 A 29 • Control of Work The County will review completed areas for quality and acceptance. Areas determined to be unsatisfactory shall be removed and replaced at no additional cost to the Division. Carelessness by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of the Maintenance Manager or designee at no additional cost to the Division/Department. Repairs shall be completed prior to submission of the Contractor's invoice for work accomplished. • Compliance with Time Requirements Commence work in accordance with the approved working schedule and provide sufficient labor, materials and equipment to complete the work within the time limits set forth in the NTBW. Should the Contractor fail to furnish sufficient and suitable equipment, forces, and materials necessary to perform the work in accordance with the required schedule, the Maintenance Manager or designee may withhold all estimates/proposals that are, or may become due, or suspend the work until the Contractor corrects such deficiencies. NOTE: See paragraph 21 for deduction details. 14. Property Damages The Contractor shall take every precaution to avoid damaging objects and/or • Contractor shall notify the Division Maintenance Manager or designee immediately following any damages to the property or objects such as, but not limited to: signs, curbs, guardrails, and posts. • Any damages by the Contractor's crews shall be repaired or replaced at the sole expense of the Contractor within ten (10) calendar days from damage. The repairs/replacements shall be in accordance to FDOT or applicable specification and standards that are in effect at that time. • It shall be at the discretion of the Division to withhold estimated damage repair/ replacement costs from an invoice until said repairs are completed and accepted. • The Contractor's crews shall inform the Division/Department of existing damages. Any damages found, that were not caused by the Contractor's crew, shall have written documentation and may include photographs and/or video footage. The Division/Department must be informed immediately and followed by an email to the Maintenance Manager or designee. • The Contractor must notify the Maintenance Manager or designee within one (1) hour when the Contractor's equipment has been involved in an accident at the project work site. 15. Performance Standards The Contractor shall perform to the standards set forth in the solicitation, as subsequent Contract Documents. The Contractor agrees to warrant all work performed and perform all services in a professional manner. If Contractor fails to perform in accordance to the Scope of Work/Specifications, including subsequent Contract Documents, the Division/Department has the sole discretion to deem such failure as sufficient cause for default which may result in Contract termination. 16. Inspection and Acceptance The Division Inspector or designee shall inspect any and all services rendered under the Contract. The completed work shall be inspected for the quality and completeness of the work area site that are within the required time lines. Invoices shall be rejected for work that is incomplete; partial work completed within a work site area shall be considered incomplete. Page-22- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 17.Traffic Control The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy. Copies are available through the Risk Management or the Procurement Services Division. The Contractor shall be required to obtain the County MOT policy to review the requirements prior to submitting a bid. • MOT costs shall be all inclusive, at the Contractor's expense, and incorporated into the line item prices as outlined on the bid form. • A MOT Plan with proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones, and etc. shall be approved prior to the lane being restricted from traffic. • An on-site work site employee must be work zone certified and be certified with MOT Intermediate work zone certification. • The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, and familiarize themselves with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. • Contractor shall be compliant with Florida DOT Design Standards, Index 600. 18. Lane Closures Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., No lane closures will be permitted between the hours of 7:00 AM through 9:00 AM and 3:30 PM through 6:30 PM on weekdays. The Contractor is required to contact the Growth Management Department, Customer Service Specialist or designee, on Wednesday prior to lane closures so it can be announced in Collier County's public Road Alert Notification. A Road Alert form must be submitted (form provided by County). 19. Safety Requirements The Division may inspect the Contractor's equipment prior to contract commencement and may inspect throughout the Contract term to ensure safety devices are intact and it is in good working conditions. • If the Division Safety Coordinator or designee finds any equipment to be inadequate of safety devices or it is not in proper working condition that shall cause safety issues, then the Contractor shall immediately remove the equipment from service until the deficiency has been corrected to the satisfaction of the Division Safety Coordinator or designee. o The Contractor shall have replacement equipment so the Contract performance is not delayed. Delayed performance from equipment being out-of-service shall result in liquidated damages. • The Contractor's employees and/or subcontractor's employees' safety equipment shall be required to be in accordance with current Florida DOT design standards, index 600 when working within County Right-of-Ways. 20. Utilities The Contractor shall be responsible in exercising caution while in the vicinity of utilities. It is the Contractor's responsibility that they call Sunshine811 at 811 or 800-432-4770, Monday— Friday from 7:00 a.m. — 5:00 p.m. prior to digging (Sunshine811 requires advance notice of two (2) full business days). Any damage to utilities will be the Contractor's sole responsibility. 21. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered or services not performed in accordance with the requirements including the required timeframe. Deductions will be assessed when the Contractor fails to complete the work within the time specified as outlined in the NTBW or any approved extensions by the Maintenance Manager or designee. The Division Page-23- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 Inspector shall confirm if the Contractor completed the work by the completion date as outlined on the NTBW or any NTBW revisions. If the Contractor exceeds the completion date they will be liable and agrees to a ten (10%) percent deduction from the invoice for the work that was not completed by the NTBW completion date. The County may also deduct or chargeback the Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non-performance. NOTE: At the discretion of the Maintenance Manager or designee, the final completion date can be extended to due unforeseen circumstances or acts of force majeure that are beyond the Contractor's control. The Contractor must request a date extension in writing with the reason of the delay prior to the NTBW completion date via email notification. 22. Determination of Default The Division will give notice, in writing, to the Contractor for any delay, neglect, or default, if the Contractor: (a) Fails to begin or complete the work under the Contract within the time specified in the Notice to Begin Work; (b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure prompt completion of the Contract; (c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew such work that the Division rejects as unacceptable and unsuitable; (d) Discontinues the prosecution of the work, or fails to resume discontinued work within a reasonable time after the Division notifies the Contractor to do so; (e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any reasonable cause, becomes unsatisfactory in the opinion of the Division. If the Contractor, within a period of ten (10) calendar days after receiving the notice described above, fails to proceed to correct the conditions of which complaint is made, the Division will have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in default. In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance from Secondary Vendor or Tertiary Vendor, or obtain additional quotes from other Contractors. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision, if such exemption is granted by the Division, in writing, prior to any delays or as a result of an Act of Nature. 23. Other County Divisions All Specifications above may not apply to other County Divisions. Other specifications may be added at the time work is requested. Page-24- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 1 6 A 2 9 EXHIBIT B PUBLIC PAYMENT BOND Bond No. Contract No. 16-6624 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of under-signed representative, pursuant to authority of its governing body. Page-25- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 2 9 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page-26- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-27- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 2 9 EXHIBIT B-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-6624 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page-28- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 29 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-29- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 2 9 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-30- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 1 6 A 29 EXHIBIT C — Price Schedule (following this page) Page-31- #16-6624"Concrete Sidewalks,Curbs,Floor and Other Applications" Heritage Builders LLC 16 A 2 9 Exhibit C-Price Schedule Line Items#1 -22: Bid prices quoted,shall be all inclusive,at Contractor's expense,to include:materials costs,equipment costs,all man hour costs,all excavation, dumping fees,all tree root removal,full restoration,mobilization,and MOT in the item price. Line Items#69-91:Contractor shall itemize by units of measure for all man hours,equipment hours,and materials utilized.All MOT and mobilization costs will be included in these unit of measure line item prices. Line Item#64:Will be used for items other than sidewalks,to include but not limited to such items as:reinforced box culverts,catch basins,slabs,retaining walls, headwalls,loading ramps,fixed water control structures,footers,etc. Line Items#72-81: will be reported on the Daily Activity Log and used only when pre-authorized in writing from the Maintenance Manager or designee. Line Item#93:(Material Items-markup,percentage)this category will be used when materials are being requested other than those listed. The original costs receipts for items with the 10%markup percentage must be attached for verification and submitted with the contractors invoice for backup. No mark up will be allowed on freight. Line ;; Line Item Item# Category Item DescrtptIon Unit of Measure price Concrete Curb&Gutter Removal&Disposal(TYPE E) 1 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Curb&Gutter Install(TYPE E) 2 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 23.75 Concrete Curb&Gutter Removal&Disposal(TYPE F) 3 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Curb&Gutter Install(TYPE F) 4 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 22.94 Concrete Curb(TYPE A) Removal&Disposal 5 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Curb(TYPE A)Install 6 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 20.13 Concrete Curb(TYPE B) Removal&Disposal 7 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Curb(TYPE B) Install 8 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 21.28 Concrete Curb(TYPE D) Removal&Disposal 9 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Curb(TYPE D)Install 10 Curb and Gutter Items (Less than or equal to 150 Linear Foot) Linear Ft $ 21.28 Concrete Curb (Drop Curb) Removal&Disposal 11 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 5.75 Concrete Curb(Drop Curb)Install 12 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 24.15 13 Concrete Sidewalk Items Concrete Sidewalk,(New Installation)* Square Yd $ 35.00 14 Concrete Sidewalk Items Concrete Sidewalk,(Removal&Disposal of Existing)* Square Yd $ 15.00 15 Concrete Sidewalk Items Concrete Sidewalk,(Install/Replacement)* Square Yd $ 35.00 16 Concrete Sidewalk Items ADA Sidewalk Ramps,(New Installation)* Square Yd $ 35.00 17 Concrete Sidewalk Items ADA Sidewalk Ramps,(Removal&Disposal of Existing)* Square Yd $ 15.00 18 Concrete Sidewalk Items ADA Sidewalk Ramps,(Install/Replacement)* Square Yd $ 35.00 19 Concrete Sidewalk Items ADA Detectable Warning Mat(Install/Replacement)* Square Yd $ 35.00 20 Concrete Sidewalk Items Concrete Grinding(County Wide)* Square Yd $ 35.00 21 Concrete Drainage Items Mitered Ends(Removal&Disposal of Existing)* Square Yd $ 15.00 22 Concrete Drainage Items Mitered Ends(Install/Replacement)* Square Yd $ 35.00 23-27 Not Awarded Not Awarded Not Awarded Not Awarded Concrete Curb&Gutter Removal&Disposal(TYPE E) 28 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 7.76 Concrete Curb&Gutter Install(TYPE E) 29 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 20.87 Concrete Curb&Gutter Removal&Disposal(TYPE F) 30 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 7.76 Concrete Curb&Gutter Install(TYPE F) 31 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 22.94 Concrete Curb&Gutter Removal&Disposal 32 Curb and Gutter Items (Special—for any odd type)* Linear Ft $ 7.76 33 Curb and Gutter Items Concrete Curb&Gutter Install(Special—for any odd type)* Linear Ft $ 25.30 Concrete Curb(TYPE A) Removal&Disposal 34 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 7.76 Concrete Curb(TYPE A) Install 35 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 20.13 Heritage Schedule 16 A 29 Line - Ione Item Rem# Catego y Item Description it.of Measure rice Concrete Curb(TYPE B) Removal&Disposal 36 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)' Linear Ft $ 7.76 Concrete Curb(TYPE B)Install 37 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 21.28 Concrete Curb(TYPE D) Removal&Disposal 38 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 7.76 Concrete Curb(TYPE D) Install 39 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 19.55 Concrete Valley Gutter Removal&Disposal 40 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Valley Gutter Install 41 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 21.85 Concrete Valley Gutter Removal&Disposal 42 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)' Linear Ft $ 7.76 Concrete Valley Gutter Install 43 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 20.70 Concrete Gutter Removal&Disposal 44 Curb and Gutter Items (Special-for any odd type)* Linear Ft $ 7.76 Concrete Gutter Install 45 Curb and Gutter Items (Special-for any odd type)' Linear Ft $ 28.75 Concrete Shoulder Gutter Removal&Disposal 46 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 7.76 Concrete Shoulder Gutter Install 47 Curb and Gutter Items (Less than or equal to 150 Linear Foot)* Linear Ft $ 21.85 Concrete Shoulder Gutter Removal&Disposal 48 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 7.76 Concrete Shoulder Gutter Install 49 Curb and Gutter Items (Greater than or equals to 151 Linear Foot)* Linear Ft $ 20.70 Asphalt Sidewalk 50 Asphalt Sidewalk Items (New Installation)* Ton $ 201.25 Asphalt Sidewalk,Open Cut 51 Asphalt Sidewalk Items (Removal&Disposal of Existing)* Ton $ 57.50 Asphalt Sidewalk,Open Cut 52 Asphalt Sidewalk Items (Install/Replacement)' Ton $ 201.25 53 Asphalt Sidewalk Items Asphalt Sidewalk Overlay" Ton $ 201.25 54 Asphalt Miscellaneous Asphalt(Removal&Disposal)* Ton $ 57.50 55 Asphalt Miscellaneous Asphalt(Install/Replacement) Ton $ 287.50 Spauld Repair 56 Concrete Sidewalk Items (on any type of concrete surface,County Wide)* Square Ft $ 115.00 Curb Inlets Top 57 Concrete Drainage Items (Removal&Disposal of Existing)* Square Yd $ 57.50 Curb Inlets Top 58 Concrete Drainage Items (Install/Replacement)* Square Yd $ 287.50 59 Concrete Drainage Items Flumes(Removal&Disposal of Existing)* Square Yd $ 57.50 60 Concrete Drainage Items Flumes(Install/Replacement)* Square Yd $ 287.50 61 Concrete Rip Rap Concrete Bag 401b Each $ 28.75 62 Concrete Rip Rap Concrete Bag 601b Each $ 46.00 63 Concrete Rip Rap Concrete Bag 801b Each $ 92.00 64 Concrete Miscellaneous Concrete installation#(used for other items than sidewalks) Square Yd $ 287.50 Miscellaneous Concrete 65 Concrete (Removal&Disposal of Existing)# Square Yd $ 57.50 66 Material Items Limerock(Delivered and Installed)# Ton $ 46.00 67 Material Items Limerock(Delivered and Installed)# Square Yd $ 17.25 68 Material Items Fill Dirt(Delivered and Installed)# Ton $ 34.50 69 Material Items Fill Dirt(Delivered and Installed)# Square Yd $ 11.50 70 Material Items Flowable Fill(Excavate-able)delivered # Cubic Yard $ 57.50 71 Material Items Flowable Fill(Non Excavate-able)delivered# Cubic Yard $ 86.25 72 Equipment Crane 100 tons and below# Per Hour $ 345.00 73 Equipment Track or Wheeled Excavator# Per Hour $ 86.25 74 Equipment Track or Wheeled Skid Steer# Per Hour $ 69.00 15 Yard or less Dump Truck(Includes driver and removal and dumping 75 Equipment of material) Per Hour $ 86.25 Heritage Schedule 16 A 2 9 Item# , Category .. Iteem'Description , '= , Unit of Measure Price 16 Yard or More Dump Truck(includes driver and removal and dumping 76 Equipment of material) Per Hour $ 103.50 Miscellaneous Equipment(Must be pre-approved by Project Manger 77 Equipment to use on job site) Per Hour $ 172.50 78 Equipment Long Stick tracked Excavator(60ft or greater)# Per Hour $ 172.50 79 Equipment Tow behind Concrete Pump(with up to 1000 ft discharge Hose)# Per Hour $ 230.00 80 Equipment Concrete Pump truck (up to 200 ft boom)# Per Hour $ 575.00 81 Equipment 6"or less water pump Per Hour $ 143.75 82 Material Items Bahia Sod laid in Place# Square Ft $ 0.35 83 Material Items Bahia Sod laid in Place# Pallet $ 143.75 ' 84 Material Items Floratan Sod Laid in Place# Square Ft $ 0.52 85 Material Items Floratan Sod Laid in Place# Pallet $ 230.00 86 Material Items Rip Rap Rubble Laid in place 6"-12"# Ton $ 57.50 87 Material Items Silt Screen including Installation and removal per 100ft# Each(100ft) $ 2.88 88 Material Items Turbidity Barrier including Installation and removal per 100ft# Each(100ft) $ 8.63 89 Concrete Miscellaneous Concrete 2500 PSI with fiber mesh,delivered # Cubic Yard $ 143.75 90 Concrete Miscellaneous Concrete 3000 PSI with fiber mesh,delivered# Cubic Yard $ 172.50 91 Concrete Miscellaneous Concrete 5000 PSI with fiber mesh,delivered# Cubic Yard $ 201.25 Alternate concrete grinding done by hand or any 92 Alternate ConcreteGrinding FDOT approved Method by Proposals only# Square Ft $ 11.50 93 _MI_ NUM, 1 Item 1 through 13 arlr b non Road Maintenance Division projects ; NOTE: 2.Tie eottterrter in items't3&.13 shall be.NRS.12approve equal high,Partlt�mber 3M�or' f9/ 33 GRADE! UNIT OP ton ctor$ Line#.MATERIAL&Unit Prlce i 3 3 ITEM DESCRIPTION DESCRIPTION . THICKNESS ' Reinforcing MEASURE ,;;per;Unit 1 C-1 Install New Sidewalk w/cntl.jt @5' 3000 psi 4" NONE Square Feet $ 2.88 6x6 WWF- 2 C-2 Install New Sidewalk w/cntl.jt @5' 3000 psi 4" W1.4xW1.4 Square Feet $ 3.88 3 C-3 Install New Sidewalk w/cntl.jt.@5' 3000 psi 6" NONE Square Feet $ 3.25 6x6 WWF- 4 C-4 Install New Sidewalk w/cntl.jt @5' 3000 psi 6" W1.4xW1.4 Square Feet $ 4.88 5 C-5 Demo&Remove Sidewalk unclassified 4" un-reinforced Square Feet $ 0.85 6 C-6 Demo&Remove Sidewalk unclassified 4" reinforced Square Feet $ 1.25 7 C-7 Demo&Remove Sidewalk unclassified 6" un-reinforced Square Feet $ 0.98 8 C-8 Demo&Remove Sidewalk unclassified 6" reinforced Square Feet $ 1.35 9 C-9 install type"D"curb 3000 psi n/a reinforced Linear Feet $ 18.50 10 C-10 install type"A"curb w/gutter 3000 psi n/a reinforced Linear Feet $ 19.95 Grind Taper on Existing Concrete 12"along path x 1' 11 C-11 wide increments to remove tripping hazard unclassified n/a unclassified Linear Feet $ 5.00 Remove all roots within width of Sidewalk to a depth of 6",regrade existing Lime Rock,and install Root 12 RR-1 Barrier Both Sides NDS-12 12"by 60 mil n/a Linear Feet $ 13.10 Remove all roots within width of Sidewalk to a depth of 12",regrade existing Lime Rock,and install Root 13 RR-2 Barrier Both Sides NDS-12 12"by 60 mil n/a Linear Feet $ 13.10 Heritage Schedule 16 A 2 9 ACCORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laurie Cominse Sihle Insurance Group, Inc. PHONE 386-626-1051 FAX 1300 S.Woodland Blvd. (A/C.No,Fxt)• (A/C,Not: 386-736-6772 Deland FL 32720 ADDRESS:Icominse@sihle.com INSURER(S)AFFORDING COVERAGE NAIC p INSURER A Old Dominion Insurance Company 40231 INSURED HERIBUI-01 INSURER B:Cincinnati Companies 10677 Heritage Builders, LLC INSURER C:Torus National Insurance Company 25496 3725 31st Ave SW Naples FL 34117 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1292531455 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL;SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B x COMMERCIAL GENERAL LIABILITY Y CSU0078158 12/26/2015 12/26/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE $2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY B1T9386T 11/11/2015 11/11/2016 COMBINED Dt)INGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) PIP $10,000 C X UMBRELLA LIAB X OCCUR 78146T160ALI 6/13/2016 12/26/2016 EACH OCCURRENCE $5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissions is listed as Additional Insured with respects to the General Liability when required by written contract. %— �6a� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissions THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Procurement Services Division ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE iLe//e5 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16A � 9 ® DATE(MM/DD/YYYY) A�O CERTIFICATE OF LIABILITY INSURANCE 9/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions, LLC. ID: (Howard) N°MCT E: Sondra Kelly c/o Howard Leasing, Inc. 6302 Manatee Ave. W PHONE FAX 941-761-7704 (NC,No): 941-761-7706 Bradenton, FL 34209 ADDRESS: skelley@howardleasinginc.com INSURER(S)AFFORDING COVERAGE NAIL# INSURERA: SUNZ Insurance Company 34762 INSURED INSURER B: Aspen Re-London-Best Rating"A+" Howard Leasing, Inc. Howard Leasing II, LLC. Howard Leasing III, Inc.; INSURER C: Chaucer Syndicate-Lloyds-Best Rating"A+" Howard Leasing IV, Inc. Howard Leasing V, Inc. INSURER D: Faraday Syndicate-Lloyds-Best Rating"A+" 6302 Manatee Avenue West, Suite K INSURER E: Bradenton FL 34209 INSURER F: COVERAGES CERTIFICATE NUMBER: 31910153 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR I POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL R ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) — ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ AWORKERS COMPENSATION I WCPE00000040 07 5/14/2016 5/14/2017 / STATUTE ✓ OERH IANDEMPLOYERS'LIABILITY Y/N 1 WCPE00000040 06 5/14/2015 5/14/2016 OFFIC R ANYPROPRIETOPJPARTNER/EXECUTIVE Y N/A E.L.EACH ACCIDENT $ 1,000,000 j(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000Ilf yes, I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Workers Compensation This is for informational purposes C 'Excess Coverage and nothing shall create any right D under such reinsurance. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: Heritage Builders LLC Location Effective: 12/31/2012 CERTIFICATE HOLDER CANCELLATION 1640 Collier CountyBoard of CountyCommissions SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Att: Procurement Services Division ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112-401 AUTHORIZED REPRESENTATIVE //�� /�J 4 Glen J Distefano ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 31910153 I Master Certificate WCPE00000090 0, 1 receptionist 19/22/2016 2:31:59 PM (EDT) I Page 1 of 1 Detail by Entity Name Pig X29 FLORIDA DEPARTMENT OP STATE ilita D vIsIO ' TIONS \ „ �\ 1 Detail by Entity Name Florida Limited Liability Company HERITAGE BUILDERS LLC Filing Information Document Number L05000079625 FEI/EIN Number 27-0129734 Date Filed 08/11/2005 State FL Status (-ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/16/2009 Event Effective Date NONE Principal Address 3725 31ST Ave SW NAPLES, FL 34117 - Changed: 01/07/2015 Mailing Address 3725 31st Ave SW NAPLES, FL 34117 Changed: 01/07/2015 Re 'stere nt Name&Address /7-DAVIES, NEVILLE M 3725 31st Ave SW NAPLES, FL 34117 ��✓✓✓ N. hanged:02/02/ 0 • Address Changed: 01/07/2015 Authorized Person(s)Detail Name&Address Title MGRM DUVALL, BRUCE 3725 31st Ave SW NAPLES, FL 34117 Title Member Richarz, Mark 112 7th Street NW NAPLES, FL 34120 Title Member http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/29/2016 Detail by Entity Name Pafe6fA2 29 Davies, Neville M 5005 Old Pond Drive NAPLES, FL 34104 Title Member Rinald,John 3040 Garland Road NAPLES, FL 34117 Annual Reports Report Year Filed Date 2014 03/20/2014 2015 01/07/2015 2016 02/02/2016 Document Images 02/02/2016--ANNUAL REPORT View image in PDF format 01/07/2015--ANNUAL REPORT View image in PDF format 03/20/2014--ANNUAL REPORT View image in PDF format 03/21/2013--ANNUAL REPORT View image in PDF format 01/04/2012--ANNUAL REPORT View image in PDF format 04/29/2011 --ANNUAL REPORT View image in PDF format 02/16/2010--ANNUAL REPORT View image in PDF format 10/16/2009--REINSTATEMENT View image in PDF format 11/24/2008--Reg.Agent Change View image in PDF format 01/07/2008--ANNUAL REPORT View image in PDF format 02/05/2007--ANNUAL REPORT View image in PDF format 04/17/2006--ANNUAL REPORT View image in PDF format 08/11/2005--Florida Limited Liabilites View image in PDF format ,.. cePvtlobt'c and PCIYacv Poli;i,s State of Florida,Department of State http://search.sunbiz.org/Inquiry/C orporationSearch/SearchResultDetail?inquirytype=Entity... 8/29/2016