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Agenda 04/11/2017 Item #16D 204/11/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 17-7088 to Bonness, Inc., for the pavement and drainage repairs at Cocohatchee Park, in the amount of $324,633.29 and authorize the Chair to execute the attached contract and authorize the necessary budget amendment. OBJECTIVE: To repair deteriorated asphalt paving, improve poor drainage caused by localized settlement, and complete the Cocohatchee Park paving transition attachment to the adjacent parking lot addition provided by the requirement of Ordinance 2005-15 related to the development of Aqua II at Pelican Isles. CONSIDERATIONS: The existing paving and drainage system at Cocohatchee Park is approximately 25 years old and is in need of repair. Several areas have developed “pot-holes” and a 130’ x 50’ section of the northern parking area has settled up to 8”, creating significant storm water ponding during the rainy season. In addition, as part of the development ordinance allowing for the construction of the second phase of Aqua at Pelican Isles, the developer is required to deed a 32’ wide strip of its PUD (abutting the existing parking lot) to the County for additional parking at Cocohatchee Park. In order f or the County’s drainage grading to match the SFWMD grading of the deeded parcel, the County must first repair the settled areas in the Cocohatchee Park parking lot and adjust the new paving to match that of the paved Aqua deeded parcel. On February 2, 2017 the Procurement Services Division released notices of Invitation to Bid No. 17-7088 to 2,100 vendors for Cocohatchee River Park Surface Parking and Drainage Refurbishment. Vendors downloaded sixty-five (65) bid packages and the County received two (2) responsive bids on March 6, 2017, as shown in the below table and attached Bid Tabulation. The low bid is approximately 2.6% above the consultant engineer’s cost estimate of $316,306.00. Staff reviewed the lump sum pricing on the Bid Tabulation and is recommending the contract award go to Bonness, Inc., the lowest, responsible and responsive bidder. Contractor Base Bid 1 Bonness, Inc., Naples $324,633.29 2 Costal Concrete Products, LLC dba Coastal Site Development, Ft Myers $517,260.50 FISCAL IMPACT: A budget amendment is needed for $175,000 for the Cocohatchee Parking Lot Expansion/repairs project 80351 within the Parks Boating Improvement Fund 303. The budget amendment reduced two completed projects in the amount of $35,423.98 and reduced the Cocohatchee Park Bulkhead and Dock project 80282 in the amount of $139,576.02. Their is still sufficient funding in Cocohatchee Park Bulkhead and Dock Project 80282 for the dock repairs, estimated at $1,200,000. The source of funding is from boater registration fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.−SRT RECOMMENDATION: That the Board of County Commissioners awards Bid No. 17-7088 to Bonness, Inc., for the Cocohatchee River Park Surface Parking and Drainage Refurbishment, Project No. 80282, in the amount of $324,633.29, authorize the Chair to execute the attached contract and authorize 16.D.2 Packet Pg. 819 04/11/2017 the necessary budget amendment. Prepared by: Hank Jones, P.E., Principal Project Manager, Facilities Management Division ATTACHMENT(S) 1. 17-7088 Bid Tab (PDF) 2. 17-7088 Cocohatchee Riv Pk Surface Park and Drain_NORA (PDF) 3. [LINKED] 17-7088 Cocohatchee River Contract_CAO (PDF) 16.D.2 Packet Pg. 820 04/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 2859 Item Summary: Recommendation to award Invitation to Bid No. 17-7088 to Bonness, Inc., for the pavement and drainage repairs at Cocohatchee Park, in the amount of $324,633.29 and authorize the Chairman to execute the contract and the necessary budget amendment. Meeting Date: 04/11/2017 Prepared by: Title: Project Manager, Principal – Facilities Management Name: Hank Jones 03/08/2017 12:36 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 03/08/2017 12:36 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/08/2017 4:24 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 03/08/2017 5:19 PM Procurement Services Ted Coyman Additional Reviewer Completed 03/08/2017 5:29 PM Facilities Management Margaret Bishop Additional Reviewer Completed 03/08/2017 6:10 PM Parks & Recreation Barry Williams Additional Reviewer Completed 03/09/2017 4:09 PM Procurement Services Brenda Brilhart Additional Reviewer Completed 03/22/2017 9:28 AM Public Services Department Joshua Hammond Additional Reviewer Completed 03/27/2017 2:29 PM Procurement Services Swainson Hall Additional Reviewer Completed 03/28/2017 8:45 AM Public Services Department Sean Callahan Additional Reviewer Completed 03/28/2017 12:53 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/29/2017 10:52 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/30/2017 5:43 PM County Attorney's Office Scott Teach Additional Reviewer Completed 03/31/2017 2:34 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/31/2017 8:00 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2017 8:21 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/04/2017 11:13 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/04/2017 12:37 PM 16.D.2 Packet Pg. 821 04/11/2017 Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM 16.D.2 Packet Pg. 822 PM: Hank Jones PS: Brenda Brilhart Cocohatchee River Park Bid Tabulation for Surface Parking and Drainage Refurbishment Bid Form No. 17-7088 Notices: 1,690 Downloaded: 65 Bids: 2 Item General Conditions Units Quantity*Price Total Price Total 1 Mobilization LS 1 7,459.07$ $7,459.07 39,500.00$ $39,500.00 2 Silt Fence LF 2000 1.49$ $2,980.00 2.00$ $4,000.00 3 Silt Sock (or approved equal)LF 106 12.06$ $1,278.36 8.00$ $848.00 4 Turbidity Barrier LF 450 7.23$ $3,253.50 15.00$ $6,750.00 5 General Maintenance and Daily Site Clean Up LS 1 3,876.14$ $3,876.14 4,500.00$ $4,500.00 6 Maintenance of Traffic LS 1 2,137.57$ $2,137.57 7,500.00$ $7,500.00 SUBTOTAL $20,984.64 $63,098.00 Item Demolition Units Quantity*Price Total Price Total 7 Remove Asphalt and Base Material SY 1176 11.39$ $13,394.64 5.00$ $5,880.00 8 Remove 'D' curb LS 1 3,392.80$ $3,392.80 7,500.00$ $7,500.00 9 Remove and Store Car Stops EA 65 6.61$ $429.65 12.00$ $780.00 10 Mill Asphalt (2" depth)SY 9260 2.10$ $19,446.00 4.20$ $38,892.00 SUBTOTAL $36,663.09 $53,052.00 Item Parking Lot Units Quantity*Price Total Price Total 11 Dumpster Pad (includes concrete apron)LS 1 7,419.90$ $7,419.90 27,500.00$ $27,500.00 12 Concrete Flume EA 2 716.50$ $1,433.00 1,600.00$ $3,200.00 13 Type "D" Curb LF 453 14.93$ $6,763.29 28.00$ $12,684.00 14 Concrete Sidewalk SF 66 23.41$ $1,545.06 80.00$ $5,280.00 15 Gravity Wall (includes guiderail)LS 1 8,660.83$ $8,660.83 29,500.00$ $29,500.00 16 Asphalt Base and Surface (Type B-12.5) (6" depth)SY 595 37.78$ $22,479.10 80.00$ $47,600.00 17 Resurface (Type B-12.5) (1st and 2nd Lift)SY 10144 13.60$ $137,958.40 16.00$ $162,304.00 18 Wheel Stop (Reset Existing and Install New)LS 1 584.40$ $584.40 2,300.00$ $2,300.00 20 Pavement Markings LS 1 4,432.00$ $4,432.00 5,600.00$ $5,600.00 21 Regulatory Signs LS 1 1,650.00$ $1,650.00 3,600.00$ $3,600.00 22 Crack Sealing (1/6" or Greater) and Patch Pot Holes LS 1 1,563.42$ $1,563.42 3,500.00$ $3,500.00 24 Water Valve Extension and New Concrete Collar LS 1 1,174.47$ $1,174.47 1,500.00$ $1,500.00 25 Asphalt Leveling Course (Type B-12.5) (1.5" Average)SY 850 10.04$ $8,534.00 12.00$ $10,200.00 SUBTOTAL $204,197.87 $314,768.00 Item Storm Drainage Units Quantity*Price Total Price Total 26 18" RCP (Includes open cut)LF 130 51.68$ $6,718.40 95.00$ $12,350.00 27 Type "C" Catch Basin EA 3 2,414.15$ $7,242.45 3,300.00$ $9,900.00 28 Paved Trench Restoration (includes bedding & backfill)LS 1 7,596.19$ $7,596.19 4,500.00$ $4,500.00 29 Modify CB-102 (Including New Grate)LS 1 2,517.94$ $2,517.94 1,650.00$ $1,650.00 30 Clean Out CB-102 and Hydro-Vac Collection System LS 1 603.07$ $603.07 6,500.00$ $6,500.00 SUBTOTAL $24,678.05 $34,900.00 Item Miscellaneous Units Quantity*Price Total Price Total 31 Bahia Sod SF 4650 0.29$ $1,348.50 3.45$ $16,042.50 32 2" to 4" Rock SY 14 76.84$ $1,075.76 100.00$ $1,400.00 33 Live Oaks EA 6 301.54$ $1,809.24 250.00$ $1,500.00 34 Clean-Up LS 1 3,876.14$ $3,876.14 2,500.00$ $2,500.00 SUBTOTAL $8,109.64 $21,442.50 35 ALLOWANCE item for unforseen and/or unknown repairs LS 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 *These quantities are rough estimates for scope magnitude ONLY $324,633.29 $517,260.50 Bid Bond Y Y Material Manufacturers Y Y Subcontractors Y Y Statement of Experience Y Y Trench Saftey Y Y Immigration Law Affidavit / MOU or Profile Page Y/Y Y/Y W-9 Y Y Bidders Checklist Y Y Insurance Y Y Signed Addendum Y Y Brenda Brilhart, Procurement Strategist 3/6/2017 Viviana Giarimoustas, Witness Total Lum Sum Bid Bonness, Inc. Naples Coastal Concrete Products, LLC dba Coastal Site Development Ft. Myers 16.D.2.a Packet Pg. 823 Attachment: 17-7088 Bid Tab (2859 : Cocohatchee Park - Paving and Drainage Refurbishment) 16.D.2.b Packet Pg. 824 Attachment: 17-7088 Cocohatchee Riv Pk Surface Park and Drain_NORA (2859 : Cocohatchee Park - 1 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 COCOHATCHEE RIVER PARK SURFACE PARKING AND DRAINAGE REFURBISHMENT COLLIER COUNTY BID NO. 17-7088 COLLIER COUNTY, FLORIDA Matt Catoe, Procurement Strategist Email: matthewcatoe@colliergov.net Telephone: (239) 252 - 8929 FAX: (239) 252 - 6421 Design Professional: Q. Grady Minor and Associates, P.A. 2 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 TABLE OF CONTENTS PUBLIC NOTICE ....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5 CONSTRUCTION BID ..............................................................................................................12 BID SCHEDULE .......................................................................................................................13 MATERIAL MANUFACTURERS ..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS ..................................................................................14 STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................16 TRENCH SAFETY ACT ............................................................................................................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................19 BID BOND ................................................................................................................................23 BIDDERS CHECK LIST ...........................................................................................................24 CONSTRUCTION AGREEMENT..............................................................................................25 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................................................35 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................38 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................................................42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................43 EXHIBIT E: CHANGE ORDER .................................................................................................44 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................45 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................47 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................48 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................75 EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................76 EXHIBIT K: PERMITS ..............................................................................................................77 EXHIBIT L: STANDARD DETAILS ..........................................................................................78 EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................79 EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............80 3 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 PUBLIC NOTICE INVITATION TO BID Cocohatchee River Park Surface Parking and Drainage Refurbishment COUNTY BID NO. 17-7088 Sealed bids for the construction of Cocohatchee River Park Surface Parking and Drainage Refurbishment will be received electronically until 3:00 P.M. LOCAL TIME, on the 6th day of March 2017 on the County’s on-line bidding system: www.colliergov.net/bid. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $300,000. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 11 a.m. LOCAL TIME on the 16th day of February, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of March 6, 2017 at 3:00PM. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain a Florida General Contractor License and business licenses, certifications and registrations as required by State statutes and County ordinances. 4 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within ninety (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 2nd day of February 2017. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 5 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid and shall sign the Bid correctly. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted on www.colliergov.net/bid Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier’s check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with 6 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. 7 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County’s Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s then current procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner’s Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) 9 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 days to file a formal protest, said protest to strictly comply with Owner’s then current procurement ordinance and policies. A copy of the procurement ordinance is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.5 Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner’s policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be “qualified” as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor’s disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are “qualified.” 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform t he Agreement 10 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not “qualified” or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner’s review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner’s prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor’s response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property 11 17-7088 Cocohatchee River Park Surface Parking and Drainage Refurbishment Construction Services Agreement: Revised 1 5 2017 to a public entity’; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” Cocohatchee River Park Bid Tabulation for Surface Parking and Drainage Refurbishment Bid Form No. 17‐7088 WORK SCOPE PRICE BREAKDOWN FOR EVALUATION OF LUMP SUM BID Item General Conditions Units Quantity* Price Total 1 Mobilization LS 1 7,459.07$     $7,459.07 2 Silt Fence LF 2000 1.49$             $2,980.00 3 Silt Sock (or approved equal) LF 106 12.06$           $1,278.36 4 Turbidity Barrier LF 450 7.23$             $3,253.50 5 General Maintenance and Daily Site Clean Up LS 1 3,876.14$     $3,876.14 6 Maintenance of Traffic LS 1 2,137.57$     $2,137.57 Sub‐Total $20,984.64 Item Demolition Units Quantity* Price Total 7 Remove Asphalt and Base Material SY 1176 11.39$           $13,394.64 8 Remove 'D' curb LS 1 3,392.80$     $3,392.80 9 Remove and Store Car Stops EA 65 6.61$             $429.65 10 Mill Asphalt (2" depth) SY 9260 2.10$             $19,446.00 Sub‐Total $36,663.09 Item Parking Lot Units Quantity* Price Total 11 Dumpster Pad (includes concrete apron) LS 1 7,419.90$     $7,419.90 12 Concrete Flume EA 2 716.50$        $1,433.00 13 Type "D" Curb LF 453 14.93$           $6,763.29 14 Concrete Sidewalk SF 66 23.41$           $1,545.06 15 Gravity Wall (includes guiderail) LS 1 8,660.83$     $8,660.83 16 Asphalt Base and Surface (Type B‐12.5) (6" depth) SY 595 37.78$           $22,479.10 17 Resurface (Type B‐12.5) (1st and 2nd Lift) SY 10144 13.60$           $137,958.40 18 Wheel Stop (Reset Existing and Install New) LS 1 584.40$        $584.40 20 Pavement Markings LS 1 4,432.00$     $4,432.00 21 Regulatory Signs LS 1 1,650.00$     $1,650.00 22 Crack Sealing (1/6" or Greater) and Patch Pot Holes LS 1 1,563.42$     $1,563.42 24 Water Valve Extension and New Concrete Collar LS 1 1,174.47$     $1,174.47 25 Asphalt Leveling Course (Type B‐12.5) (1.5" Average) SY 850 10.04$           $8,534.00 Sub‐Total $204,197.87 Item Storm Drainage Units Quantity* Price Total 26 18" RCP (Includes open cut) LF 130 51.68$           $6,718.40 27 Type "C" Catch Basin EA 3 2,414.15$     $7,242.45 28 Paved Trench Restoration (includes bedding & backfill) LS 1 7,596.19$     $7,596.19 29 Modify CB‐102 (Including New Grate) LS 1 2,517.94$     $2,517.94 30 Clean Out CB‐102 and Hydro‐Vac Collection System LS 1 603.07$        $603.07 Sub‐Total $24,678.05 Item Miscellaneous Units Quantity* Price Total 31 Bahia Sod SF 4650 0.29$             $1,348.50 32 2" to 4" Rock SY 14 76.84$           $1,075.76 33 Live Oaks EA 6 301.54$        $1,809.24 34 Clean‐Up LS 1 3,876.14$     $3,876.14 Sub‐Total $8,109.64 35 ALLOWANCE item for unforseen and/or unknown repairs LS 1 $30,000.00 $30,000.00 Sub‐Total $30,000.00 * These quantities are rough estimates for scope magnitude ONLY *The contractor is responsible for determining his own units for  breakdown of his LUMP SUM BID.$324,633.29 Submitted by Bonness, Inc. Total Lum Sum Bid