Agenda 04/25/2017 Item #11A04/25/2017
EXECUTIVE SUMMARY
Recommendation to award Bid No. 17-7041 to Thomas Marine Construction, Inc. for the
construction of Haldeman Creek Weir Replacement Project, in the amount of $1,637,185, Project
No. 60103, and authorize the Chairman to execute the Contract.
OBJECTIVE: To commence construction of the Haldeman Creek weir replacement at the north and east
side of the intersection of US 41 and Airport-Pulling Road.
CONSIDERATIONS: This is the latest element of a program of weir replacements the Stormwate r
Management Staff has undertaken. Many weirs around the County that are under Staff’s control are old
and inoperable, obsolete, and / or unusable for other reasons that are beyond standard maintenance issues.
Many of these weirs were installed in times when there was significantly less land development, and thus
less impervious surface, in Collier County. Therefore, stormwater flow patterns and volumes have
changed over the years; some weirs are no longer appropriate for the canal in which they are positioned.
The Haldeman Creek facility to which Bid No. 17-7041 applies is in need of complete replacement. This
facility leaks and does not achieve precise control elevation. It is situated at a salt -fresh water interface
and needs to be upgraded to properly protect freshwater upstream, and to control flooding while
maintaining aquifer water storage.
The Bid advertisement for the Haldeman Creek Weir Replacement construction project was posted on
January 11, 2017, in the Naples Daily News. There were 2,175 notices emailed to subscribers, through
the Procurement Services Division online bidding platform, and 92 subscribers downloaded the
specifications packet. The following six bids were received by the February 15, 2017 due date:
Contractor Bid
1 Thomas Marine Construction, Inc. $ 1,637,185.00
2 Quality Enterprises, Inc. $ 1,764,340.65
3 Custom Built Marine Construction, Inc $ 1,772,339.50
4 Coastal Concrete Products, LLC $ 1,998,135.00
5 Zep Construction, Inc $ 2,198,929.24
6 D.N. Higgins, Inc. $ 2,437,017.00
The Procurement Services Staff and the Design Engineer tabulated and verified the bids received.
Thomas Marine Construction, Inc. is the apparent lowest responsive and responsible bidder. Staff and the
Design Consultants performed a bid analysis to determine if there were any anomalies in the bids, and
noted no discrepancies. The lowest bid is 3% below the Engineer’s Opinion of Probable Cost which is
$1,695,680.
Therefore, Staff recommends awarding Bid No. 17-7041 to Thomas Marine Construction, Inc., the lowest
responsive and responsible bidder.
FISCAL IMPACT: Funds in the amount of $1,637,185.00 are available in the Haldeman Creek Weir
Replacement project 60103, within the Transportation/Stormwater Grant Funds 711/712.
This weir has previously been on the Road Maintenance Division’s maintenance schedule. Therefore
maintenance costs are unchanged.
04/25/2017
GROWTH MANAGEMENT IMPACT: The proposed construction projects are in accordance with the
goals, objectives, and policies of all applicable sections of the Stormwater Management and the
Conservation and Coastal Management elements of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To award Bid No. 17-7041 “Haldeman Creek Weir Replacement project to
Thomas Marine Construction, Inc. in the amount of $1,637,185, and authorize the Chairman to execute
the attached Contract.
Prepared By: Shane Cox P.E., Sr. Project Manager / Capital Project Planning, Impact Fees, and Program
Management Division
ATTACHMENT(S)
1. Approval Letter Haldeman Creek Weir Design (PDF)
2. 17-7041 Tab_sheet (PDF)
3. [linked]contract 17-7041 HaldCrkWeirRepl (PDF)
4. 17-7041 Haldeman Creek Weir Replace_NORA (PDF)
5. Haldeman Crk Weir presentation (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 2933
Item Summary: Recommendation to award Bid No. 17-7041 to Thomas Marine Construction,
Inc., for the construction of Haldeman Creek Weir Replacement Project, in the amount of $ 1,637,185,
Project No. 60103, and authorize the Chairman to execute the Contract. (Jerry Kurtz, Principal Project
Manager, Capital Project Planning, Impact Fees and Program Management Division)
Meeting Date: 04/25/2017
Prepared by:
Title: Project Manager, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Shane Cox
03/21/2017 1:22 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/21/2017 1:22 PM
Approved By:
Review:
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 03/23/2017 8:06 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/23/2017 12:49 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/24/2017 10:31 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/27/2017 9:38 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/27/2017 10:05 AM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 03/27/2017 12:16 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/28/2017 6:48 AM
Procurement Services Ted Coyman Additional Reviewer Completed 03/28/2017 10:26 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 03/28/2017 11:02 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/28/2017 3:59 PM
Growth Management Department Shane Cox Level 2 Division Administrator Skipped 03/21/2017 12:03 PM
Grants Kimberly Lingar Level 2 Grants Review Completed 03/29/2017 12:49 PM
Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2017 8:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/07/2017 11:41 AM
04/25/2017
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 3:48 PM
Grants Therese Stanley Additional Reviewer Completed 04/17/2017 4:40 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:15 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
Shane Cox, PE
Sr. Project Manager
Stormwater Management Section
2685 N. Horseshoe Dr South, Suite 104
Naples, FL 34104
February 23, 2017
Haldeman Creek Weir Replacement Design: Recommendation of Award
Dear Mr. Cox,
Atkins has reviewed the bids received at the February 16, 2017 bid opening for the above-referenced
project. Proposals were received from the following bidders:
Thomas Marine Construction, Inc. Bid Total: $1,637,185.00
Quality Enterprises USA, Inc. Bid Total: $1,764,340.65
Custom Built Marine Construction, Inc. Bid Total: $1,772,339.50
Coastal Concrete Products, LLC Bid Total: $1,998,135.00
ZEP Construction, Inc. Bid Total: $2,198,929.24
Douglas N Higgins, Inc. Bid Total: $2,437,017.00
A tabulation of bids was received from the County for review on February 17, 2017.
The low bid submitted by Thomas Marine Construction, Inc. was approximately 3% below our engineer’s
estimate of probable construction cost, but within the overall project budget. The primary difference
between the estimate and the low bid was the amount associated with dewatering. Considering a total of
three (3) of the bids were within 5% of our engineer’s estimate of probable construction cost, we feel that
the project developed good interest from contractors and resulted in a competitive bidding environment.
We have reviewed the bid schedules in the spreadsheet supplied by the County from all six (6) bidders
for accuracy, and find that everything appears to be in order. Subject to Collier County Purchasing
Department review and approval of bidder qualifications and proposal, it is our recommendation that you
award the Haldeman Creek Weir Replacement Design to the lowest responsive bidder, which is Thomas
Marine Construction, Inc. Should you have any questions, please feel free to contact me at 813-281-
7369.
Sincerely,
Mark Erwin, P.E., CFM
Senior Engineer, Water Resources
Atkins North America
PM: Shane Cox
PS: Brenda Brilhart
Bid Tabulation for ITB 17-7041
Haldeman Creek Weir Replacement
Notifications Sent: 2175
Downloaded: 92
Submitted: 6
Line Item No.QTY Unit ITEM DESCRIPTION Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 101-1 1 LS Mobilization $89,000.00 89,000.00$ $154,000.00 154,000.00$ $150,000.00 150,000.00$ 155,000.00$ 155,000.00$ $144,308.00 144,308.00$ $297,000.00 297,000.00$
2 102-1 1 LS Maintenance of Traffic $9,585.00 9,585.00$ $15,000.00 15,000.00$ $20,000.00 20,000.00$ 45,000.00$ 45,000.00$ $32,988.00 32,988.00$ $16,750.00 16,750.00$
3 104-10-3 285 LF Sediment Barrier $1.00 285.00$ $2.80 798.00$ $1.10 313.50$ 10.00$ 2,850.00$ $2.93 835.05$ $11.00 3,135.00$
4 104-11 690 LF Floating Turbidity Barrier $8.75 6,037.50$ $7.50 5,175.00$ $10.00 6,900.00$ 25.00$ 17,250.00$ $13.17 9,087.30$ $17.00 11,730.00$
5 108-1 1 LS Monitor Existing Structure-Inspection and Settlement Monitoring $1,000.00 1,000.00$ $9,330.00 9,330.00$ $10,000.00 10,000.00$ 35,000.00$ 35,000.00$ $8,563.00 8,563.00$ $17,760.00 17,760.00$
6 110-1-1 1 LS Clearing and Grubbing $32,450.00 32,450.00$ $16,500.00 16,500.00$ $6,500.00 6,500.00$ 35,000.00$ 35,000.00$ $23,570.00 23,570.00$ $129,350.00 129,350.00$
7 110-3 1 LS Removal of Existing Weir Structures (Haldeman Creek and
Winter Park), Concrete Mat & Rip Rap $59,987.00 59,987.00$ $64,980.00 64,980.00$ $150,000.00 150,000.00$ 95,000.00$ 95,000.00$ $126,472.00 126,472.00$ $129,800.00 129,800.00$
8 120-5 1,050 CY Channel Excavation $33.00 34,650.00$ $16.00 16,800.00$ $10.00 10,500.00$ 35.00$ 36,750.00$ $19.49 20,464.50$ $48.00 50,400.00$
9 120-6 2,350 CY Embankment $27.00 63,450.00$ $22.00 51,700.00$ $8.00 18,800.00$ 35.00$ 82,250.00$ $31.41 73,813.50$ $39.00 91,650.00$
10 120-SPECIAL 2,100 SY Ditch Finish Grading $15.00 31,500.00$ $4.00 8,400.00$ $6.00 12,600.00$ 12.00$ 25,200.00$ $5.93 12,453.00$ $5.00 10,500.00$
11 285-7-02 138 SY Optional Base, Base Group 02 (Aggregate Base 8")$17.00 2,346.00$ $19.20 2,649.60$ $12.00 1,656.00$ 35.00$ 4,830.00$ $38.95 5,375.10$ $58.00 8,004.00$
12 400.1-SPECIAL 1 LS Dewatering $105,450.00 105,450.00$ $249,500.00 249,500.00$ $250,000.00 250,000.00$ 165,000.00$ 165,000.00$ $273,011.00 273,011.00$ $430,900.00 430,900.00$
13 400-4-11 148 CY Concrete Class IV Retaining Walls $1,200.00 177,600.00$ $1,000.00 148,000.00$ $1,200.00 177,600.00$ 1,050.00$ 155,400.00$ $1,947.77 288,269.96$ $960.00 142,080.00$
14 415-1-3 14,350 LB Reinforcing Steel- Retaining Wall $1.25 17,937.50$ $1.75 25,112.50$ $1.00 14,350.00$ 3.25$ 46,637.50$ $0.86 12,341.00$ $1.50 21,525.00$
15 425-1-521 1 EA Inlet, DT Bot, Type C, <10 $4,500.00 4,500.00$ $2,220.00 2,220.00$ $2,000.00 2,000.00$ 5,500.00$ 5,500.00$ $5,763.00 5,763.00$ $4,500.00 4,500.00$
16 425-SPECIAL 1 EA Modified Control Structure (C.I.P.)$5,950.00 5,950.00$ $15,550.00 15,550.00$ $10,000.00 10,000.00$ 19,500.00$ 19,500.00$ $9,511.00 9,511.00$ $14,500.00 14,500.00$
17 430-175-118 66 LF Pipe Culvert, Optional Material, Round 18"S/CD $103.00 6,798.00$ $79.55 5,250.30$ $50.00 3,300.00$ 145.00$ 9,570.00$ $160.61 10,600.26$ $133.00 8,778.00$
18 430-982-125 2 EA Mitered End Section (18" Round)$937.00 1,874.00$ $1,242.00 2,484.00$ $800.00 1,600.00$ 2,500.00$ 5,000.00$ $2,168.18 4,336.36$ $1,200.00 2,400.00$
19 455-133-3 840 SF Sheet Piling Steel, F&I Permanent $67.50 56,700.00$ $70.00 58,800.00$ $50.00 42,000.00$ 145.00$ 121,800.00$ $63.40 53,256.00$ $81.00 68,040.00$
20 515-1-12 170 LF Pipe Handrail - Guiderail, (Aluminum)$113.80 19,346.00$ $50.40 8,568.00$ $110.00 18,700.00$ 85.00$ 14,450.00$ $87.93 14,948.10$ $190.00 32,300.00$
21 530-3-4 745 TN Riprap Rubble (Ditch Lining) (18")$81.00 60,345.00$ $90.00 67,050.00$ $100.00 74,500.00$ 95.00$ 70,775.00$ $83.20 61,984.00$ $158.00 117,710.00$
22 530-74 350 TN Bedding Stone (8")$81.00 28,350.00$ $70.00 24,500.00$ $70.00 24,500.00$ 85.00$ 29,750.00$ $96.45 33,757.50$ $137.00 47,950.00$
23 550-10-220 15 LF Fencing, Type B, 5.1-6.0', Standard (Galvanized steel)$125.20 1,878.00$ $126.00 1,890.00$ $130.00 1,950.00$ 55.00$ 825.00$ $17.86 267.90$ $36.00 540.00$
24 550-10-221 35 LF Fencing, Type B, 5.1-6.0', W/ Bard Wire Attmt (Galvanized steel)$110.00 3,850.00$ $108.00 3,780.00$ $100.00 3,500.00$ 65.00$ 2,275.00$ $22.57 789.95$ $60.00 2,100.00$
25 550-60-213 1 EA Fence Gate, Type B, Single, 12.1-18.0' Opening (Galvanized steel)$1,200.00 1,200.00$ $1,182.00 1,182.00$ $1,300.00 1,300.00$ 1,350.00$ 1,350.00$ $1,680.40 1,680.40$ $1,500.00 1,500.00$
26 550-60-222 2 EA Fence Gate, Type B, Double, 6.1-12.0' Opening (Galvanized steel)$1,082.00 2,164.00$ $1,050.00 2,100.00$ $950.00 1,900.00$ 1,950.00$ 3,900.00$ $2,503.00 5,006.00$ $3,000.00 6,000.00$
27 570-1-2 900 SY Performance Turf (Sod)$2.50 2,250.00$ $7.20 6,480.00$ $2.00 1,800.00$ 4.15$ 3,735.00$ $6.93 6,237.00$ $6.00 5,400.00$
28 570-SPECIAL 650 SY Seashore Paspalum (Sod)$7.00 4,550.00$ $5.50 3,575.00$ $5.00 3,250.00$ 8.15$ 5,297.50$ $14.47 9,405.50$ $10.00 6,500.00$
29 CF-SPECIAL 175 SY Coconut Fiber Erosion Control Fabric $3.00 525.00$ $2.75 481.25$ $2.00 350.00$ 22.00$ 3,850.00$ $5.96 1,043.00$ $10.00 1,750.00$
30 ELEC-SPECIAL 1 LS Electrical Work, Control Panels, Switches, and Backup Generator $29,350.00 29,350.00$ $41,500.00 41,500.00$ $20,000.00 20,000.00$ 55,000.00$ 55,000.00$ $32,788.00 32,788.00$ $30,000.00 30,000.00$
31 GATE-SPECIAL 1 LS Hinged Crest Gates $705,000.00 705,000.00$ $690,000.00 690,000.00$ $700,000.00 700,000.00$ 675,000.00$ 675,000.00$ $864,503.00 864,503.00$ $686,000.00 686,000.00$
32 GW-SPECIAL 3,630 SF Geoweb Stabilization (6")$9.90 35,937.00$ $6.70 24,321.00$ $3.00 10,890.00$ 5.00$ 18,150.00$ $4.23 15,354.90$ $4.90 17,787.00$
33 ME-SPECIAL 1 LS Modular Enclosure $31,260.00 31,260.00$ $25,500.00 25,500.00$ $12,000.00 12,000.00$ 25,000.00$ 25,000.00$ $23,754.00 23,754.00$ $14,900.00 14,900.00$
34 SB-SPECIAL 172 EA Spatina Bakeri $15.00 2,580.00$ $12.00 2,064.00$ $15.00 2,580.00$ 120.00$ 20,640.00$ $23.43 4,029.96$ $9.00 1,548.00$
35 SG-SPECIAL 2 EA Staff Gauges $750.00 1,500.00$ $4,550.00 9,100.00$ $3,500.00 7,000.00$ 2,800.00$ 5,600.00$ $4,181.00 8,362.00$ $3,115.00 6,230.00$
Material Manufacturers
List of Major Subcontractors
Statement of Experience of Bidder
Tench Safety Act
Immigration Law Affidavit
E-Verify
Subsitute W-9
Bid Bond
Bidders Check List
Insurance and Bonding Form
Division of Corporations
Supplemental Clauses
SAM
Opened by: Lissett De La Rosa 2/16/17
Witnessed by: Barbara Lance 2/16/17
TOTAL BASE BID 1,637,185.00$ 1,764,340.65$ 1,772,339.50$ 1,998,135.00$ 2,198,929.24$ 2,437,017.00$
Thomas Marine Construction, Inc.
Fort Myers, FL
Quality Enterprises USA, Inc.
Naples, FL
Custom Built Marine Construction, Inc.
Port Saint Lucie, FL
Coastal Concrete Products, LLC
Fort Myers, FL
ZEP Construction, Inc.
Fort Myers, FL
Douglas N Higgins, Inc.
Naples, FL
N
Y
Y
Y
Y
Y
Y Y
Y
Y
Y
Y
Y Y
Y Y Y Y Y
Y Y Y
Y Y
Y Y Y Y Y
Y Y Y
Y N
Y N Y N Y
Y Y Y
Y Y
Y Y Y Y Y
Y Y Y
Y N Y N Y
Y Y Y Y
Y Y Y
Y
N
Y
N
YY
Y
N
N
N
Y
N
N
N
1
17-7041 Haldeman Creek Weir CSA: Revised 08312016
Haldeman Creek Weir Replacement
COLLIER COUNTY BID NO. 17-7041
COLLIER COUNTY, FLORIDA
Grant Funded
SFWMD
Brenda Brilhart, Procurement Strategist
Email: brendabrilhart@colliergov.net
Telephone: (239) 252 - 8446
FAX: (239) 252 - 6697
Design Professional:
Atkins Global
2
17-7041 Haldeman Creek Weir CSA: Revised 08312016
TABLE OF CONTENTS
PUBLIC NOTICE ....................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5
CONSTRUCTION BID ..............................................................................................................11
BID SCHEDULE .......................................................................................................................12
MATERIAL MANUFACTURERS ..............................................................................................13
LIST OF MAJOR SUBCONTRACTORS ..................................................................................13
STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................15
TRENCH SAFETY ACT ............................................................................................................16
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................17
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................18
BID BOND ................................................................................................................................22
BIDDERS CHECK LIST ...........................................................................................................23
CONSTRUCTION AGREEMENT..............................................................................................24
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................30
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................................................33
EXHIBIT B: INSURANCE REQUIREMENTS............................................................................36
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................................................40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................41
EXHIBIT E: CHANGE ORDER .................................................................................................42
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................43
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................45
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................46
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................73
EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................74
EXHIBIT K: PERMITS ..............................................................................................................75
EXHIBIT L: STANDARD DETAILS ..........................................................................................76
EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................77
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............78
3
17-7041 Haldeman Creek Weir CSA: Revised 08312016
PUBLIC NOTICE
INVITATION TO BID
Haldeman Creek Weir Replacement
COUNTY BID NO. 17-7041
Separate sealed bids for the construction of Haldeman Creek Weir Replacement, addressed
to Ms. Brenda Brilhart, Procurement Strategist, Procurement Services Division, will submitted
electronically on the County’s on line bidding system www.colliergov.net/bid until 2:30 P.M.
LOCAL TIME, on the 13th day of February 2017, at which time all bids will be publicly opened
and read aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder. The anticipated project budget is: $1.7 million.
A pre-bid conference will not be held for this solicitation. No bid shall be considered unless it is
made on an 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 such
contractor's and business licenses, certifications and registrations as required by State statutes
and County ordinances. For this project, an underground utility or general contractors’ license
is required.
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 o f
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.
4
17-7041 Haldeman Creek Weir CSA: Revised 08312016
The Successful Bidder shall be required to finally complete all Work within three hundred (300)
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 11th day of January 2017.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Interim Director, Procurement Services Division
5
17-7041 Haldeman Creek Weir CSA: Revised 08312016
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 in ink or by typewriter and shall sign the Bid correctly. Bid Schedules
submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which
shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission,
alteration of form, conditional bid or irregularities of any kind. Bids must be submitted electronically
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
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
surety licensed under the laws of the State of Florida to execute such bonds, with 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.
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
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
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.
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
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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.
11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a
response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted
bid response.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
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) days to file a formal protest,
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
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 the Agreement 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 requirement s applicable to and
necessitated by this Agreement.
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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 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.”
PM: Shane Cox
PS: Brenda Brilhart
ITB 17-7041
Haldeman Creek Weir Replacement
Line Item No.QTY Unit ITEM DESCRIPTION Unit Price Total
1 101-1 1 LS Mobilization $89,000.00 89,000.00$
2 102-1 1 LS Maintenance of Traffic $9,585.00 9,585.00$
3 104-10-3 285 LF Sediment Barrier $1.00 285.00$
4 104-11 690 LF Floating Turbidity Barrier $8.75 6,037.50$
5 108-1 1 LS Monitor Existing Structure-Inspection and Settlement Monitoring $1,000.00 1,000.00$
6 110-1-1 1 LS Clearing and Grubbing $32,450.00 32,450.00$
7 110-3 1 LS Removal of Existing Weir Structures (Haldeman Creek and Winter Park), Concrete Mat & Rip Rap $59,987.00 59,987.00$
8 120-5 1,050 CY Channel Excavation $33.00 34,650.00$
9 120-6 2,350 CY Embankment $27.00 63,450.00$
10 120-SPECIAL 2,100 SY Ditch Finish Grading $15.00 31,500.00$
11 285-7-02 138 SY Optional Base, Base Group 02 (Aggregate Base 8")$17.00 2,346.00$
12 400.1-SPECIAL 1 LS Dewatering $105,450.00 105,450.00$
13 400-4-11 148 CY Concrete Class IV Retaining Walls $1,200.00 177,600.00$
14 415-1-3 14,350 LB Reinforcing Steel- Retaining Wall $1.25 17,937.50$
15 425-1-521 1 EA Inlet, DT Bot, Type C, <10 $4,500.00 4,500.00$
16 425-SPECIAL 1 EA Modified Control Structure (C.I.P.)$5,950.00 5,950.00$
17 430-175-118 66 LF Pipe Culvert, Optional Material, Round 18"S/CD $103.00 6,798.00$
18 430-982-125 2 EA Mitered End Section (18" Round)$937.00 1,874.00$
19 455-133-3 840 SF Sheet Piling Steel, F&I Permanent $67.50 56,700.00$
20 515-1-12 170 LF Pipe Handrail - Guiderail, (Aluminum)$113.80 19,346.00$
21 530-3-4 745 TN Riprap Rubble (Ditch Lining) (18")$81.00 60,345.00$
22 530-74 350 TN Bedding Stone (8")$81.00 28,350.00$
23 550-10-220 15 LF Fencing, Type B, 5.1-6.0', Standard (Galvanized steel)$125.20 1,878.00$
24 550-10-221 35 LF Fencing, Type B, 5.1-6.0', W/ Bard Wire Attmt (Galvanized steel)$110.00 3,850.00$
25 550-60-213 1 EA Fence Gate, Type B, Single, 12.1-18.0' Opening (Galvanized steel)$1,200.00 1,200.00$
26 550-60-222 2 EA Fence Gate, Type B, Double, 6.1-12.0' Opening (Galvanized steel)$1,082.00 2,164.00$
27 570-1-2 900 SY Performance Turf (Sod)$2.50 2,250.00$
28 570-SPECIAL 650 SY Seashore Paspalum (Sod)$7.00 4,550.00$
29 CF-SPECIAL 175 SY Coconut Fiber Erosion Control Fabric $3.00 525.00$
30 ELEC-SPECIAL 1 LS Electrical Work, Control Panels, Switches, and Backup Generator $29,350.00 29,350.00$
31 GATE-SPECIAL 1 LS Hinged Crest Gates $705,000.00 705,000.00$
32 GW-SPECIAL 3,630 SF Geoweb Stabilization (6")$9.90 35,937.00$
33 ME-SPECIAL 1 LS Modular Enclosure $31,260.00 31,260.00$
34 SB-SPECIAL 172 EA Spatina Bakeri $15.00 2,580.00$
35 SG-SPECIAL 2 EA Staff Gauges $750.00 1,500.00$
TOTAL BASE BID 1,637,185.00$
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT A 1: PUBLIC PAYMENT BOND
Haldeman Creek Weir Replacement
Bond No.
Contract No. 17-7041
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
__________________________________________________________, as Principal, and
_______________________________________________________________, as Surety,
located at ______________________________________________________ (Business
Address) are held and firmly bound to _______________________________ as Obligee in the
sum of _________________________________________________ ($_____________) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ____ day of
_______________ 20 , with Obligee for ____________________________________ in
_______________________ accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 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 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of
______________ 20 , the name of each party being affixed and these presents duly
signed by its under-signed representative, pursuant to authority of its governing body.
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
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 ___________ 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)
Witnesses to Surety (Printed Name)
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ____ day of
___________________, 20 , 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Haldeman Creek Weir Replacement
Bond No.
Contract No. 17-7041
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
________________________, as Principal, and ______________________________
_____________________________, as Surety, located at
______________________________________________________________________
(Business Address) are held and firmly bound to
________________________________________________, as Obligee in the sum of
______________________________________________________________________
($_______________) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ____________ day of
__________________________________, 20 , with Obligee for
______________________________________________________________________ in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee
sustains because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, then this bond is void; otherwise it remains in full force. Any
changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of
time, alterations or additions to the terms of the Contract or other work to be performed
hereunder, or the specifications referred to therein shall in anywise affect its obligations under
this bond, and it does hereby waive notice of any such changes, extensions of time, alterations
or additions to the terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of
_______________, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
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 ______________,
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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ____ day of ______________,
20 , by _________________________, as ___________________ of
_____________________________, a __________________________ 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT B: INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County’s separate Vendors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may
have to the proceeds of such insurance. The Vendor and County shall, where appropriate,
require similar waivers of subrogation from the County’s separate Vendors, Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify “For any and all work
performed on behalf of Collier County”, or, the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project Number, or
specific Project description, or must read: For any and all work performed on behalf of Collier
County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Vendor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Vendor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles
will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the scope of work by the County or as
specified in this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County
of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The
Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt,
of any notices of expiration, cancellation, non-renewal or material change in coverage or limits
received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to
be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate
limit reinstated to the full extent permitted under such policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the
insurance company or companies used. The decision of the County to purchase such insurance
coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
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Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$1,000,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 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.
4. 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.
4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-
owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ per claim and in
the aggregate
$1,000,000 per claim and in the aggregate
$2,000,000 per claim and in the aggregate
Project Professional Liability $__________ Per Occurrence
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Valuable Papers Insurance $__________ Per Occurrence
Employee Dishonesty / Crime $__________ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers’ check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as “A-“ or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders’ surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description,
or must read: For any and all work performed on behalf of Collier County.
11. Thirty (30) Days Cancellation Notice required.
RLC 10/19/2016
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name _______________________________________ Telephone Number _________________
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EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared ______________________________________
_________________________who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $___________________________ paid,
______________________________________ ("Contractor") releases and waives for itself and its subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated _________________, 20 for the period from
____________________ to _______________________, excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows: ____________________________________________________________.
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
_____.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _____ day of _________________________, 20 , by
_________________________________, as ____________________ of ____________________________________, a
_______________ corporation, on behalf of the corporation. He/she is personally known to me or has produced
____________________________________________ as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
Payment, Schedule of Values and Stored Materials Record applications are available for
download at: http://purchasing.colliergov.net/Forms/Forms/AllItems.aspx
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EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx
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EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER’S Project No. Design Professional’s Project No. _____________
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within __________days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
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RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR’S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on ,
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
By:
Type Name and Title
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EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: , 20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: ___ Calendar Days.
Actual Date of Substantial Completion: _________.
Final Completion Time as set forth in the Agreement: __Calendar Days.
Actual Final Completion Date: ________.
YES NO
_____ ______ 1. All Punch List items completed on
_____ ______ 2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
_____ ______
4. 2 copies of Operation and Maintenance manuals for equipment and
_____ ______ system submitted (list manuals in attachment to this form).
_____ ______ 5. As-Built drawings obtained and dated: _________
_____ ______ 6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
_____ issued on (attach to this form).
_____ ______ 8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
_____ ______
_____ ______ 10. Consent of Surety received on
_____ ______ 11. Operating Department personnel notified Project is in operating phase.
_____ ______ 12. All Spare Parts or Special Tools provided to Owner:
_____ ______ 13. Finished Floor Elevation Certificate provided to Owner:
_____ ______ 14. Other:
_______________________________________________________
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional: (Firm Name)
(Signature)
(Typed Name & Title)
By Owner: (Department Name)
(Signature)
(Name & Title)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or
association or to the laws or regulations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from
the Project Manager may require Contractor to consult directly with Design Professional or
some other third party, as directed by Project Manager. Contractor shall take field
measurements and verify field conditions and shall carefully compare such field measurements
and conditions and other information known to Contractor with the Contract Documents before
commencing any portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and
are not intended to serve as shop drawings. Specifications are separated into divisions for
convenience of reference only and shall not be interpreted as establishing divisions for the
Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy
between or among the drawings, specifications or other Contract Document provisions,
Contractor shall be required to comply with the provision which is the more restrictive or
stringent requirement upon the Contractor, as determined by the Project Manager. Unless
otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware,
accessories, trim and other parts required in connection with any portion of the Work to make a
complete, serviceable, finished and first quality installation shall be furnished and installed as
part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying
itself concerning the nature and location of the Work and the general and local conditions, and
particularly, but without limitation, with respect to the following: those affecting transportation,
access, disposal, handling and storage of materials; availability and quality of labor; water and
electric power; availability and condition of roads; work area; living facilities; climatic conditions
and seasons; physical conditions at the work-site and the project area as a whole; topography
and ground surface conditions; nature and quantity of the surface materials to be encountered;
subsurface conditions; equipment and facilities needed preliminary to and during performance
of the Work; and all other costs associated with such performance. The failure of Contractor to
acquaint itself with any applicable conditions shall not relieve Contractor from any of its
responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
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2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities and
utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption. Contractor shall be
responsible for properly shoring, supporting and protecting all Utilities at all times during the
course of the Work. The Contractor is responsible for coordinating all other utility work so as to
not interfere with the prosecution of the Work (except those utilities to be coordinated by the
Owner as may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical
conditions which differ materially from those indicated in the Contract Documents or (ii)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, and which reasonably should not have been
discovered by Contractor as part of its scope of site investigative services required pursuant to
the terms of the Contract Documents, then Contractor shall provide Owner with prompt written
notice thereof before conditions are disturbed and in no event later than three (3) calendar days
after first observance of such conditions. Owner and Design Professional shall promptly
investigate such conditions and, if they differ materially and cause an increase or decrease in
Contractor’s cost of, or time required for, performance of any p art of the Work, Owner will
acknowledge and agree to an equitable adjustment to Contractor’s compensation or time for
performance, or both, for such Work. If Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents or not of an unusual nature
or should have been discovered by Contractor as part of its investigative services, and that no
change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing,
stating its reasons. Claims by Contractor in opposition to such determination by Owner must be
made within seven (7) calendar days after Contractor’s receipt of Owner’s written determination
notice. If Owner and Contractor cannot agree on an adjustment to Contractor’s cost or time of
performance, the dispute resolution procedure set forth in the Contract Documents shall be
complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for
the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work
required by the Contract Documents, and shall utilize the Critical Path method of scheduling and
shall provide for expeditious and practicable execution of the Work within the Contract Time.
The Progress Schedule shall indicate the dates for starting and completing the various stages of
the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its monthly
Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation
to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements
of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will
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generally be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. No work
shall be performed outside the specified hours without the prior approval of the Project
Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor’s Bid and any subsequently identified Subcontractors
are subject to Owner’s prior written approval. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding
anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has furnished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner’s sole discretion, Owner is not required to make any payment for materials or equipment
that have not been incorporated into the Project. If payment is requested on the basis of
materials and equipment not incorporated into the Project, but delivered and suitably stored at
the site or at another location, and such payment and storage have been agreed to by Owner in
writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other
documentation warranting that the Owner has received the materials and equipment free and
clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other
arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's
satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record attached
hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). After the date of each Application for Payment is stamped as received
and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design
Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its
approval of only a portion of the requested payment, stating in writing its reasons therefore; or
(3) return the Application for Payment to the Contractor indicating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Section 218.735, F.S. and the administrative procedures
established by the County's Procurement Services Division and the Clerk of Court’s Finance
Department respectively.
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In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re-submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
stamped and received and after Project Manager approval of an Application for Payment, pay
the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (10%) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to Contractor until
final payment is due unless otherwise agreed to by the Owner in accordance with Florida
Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held throughout the
course of the Project schedule. Owner shall reduce the amount of the retainage withheld on
each payment request subsequent to fifty percent (50%) completion subject to the guidelines
set forth in Florida Statute 255.078 and as set forth in the Owner’s procurement ordinance and
policies.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor’s receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further, to
the extent directed by Owner and in Owner’s sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier
has been paid in full through the previous month’s Application for Payment. The Owner shall not
be required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals based
on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first
monthly Application for Payment, Contractor shall prepare and submit for Project Manager's
review and approval, a detailed Project Funding Schedule, which shall be updated as necessary
and approved by Owner to reflect approved adjustments to the Contract Amount and Contract
Time. No voluntary acceleration or early completion of the Work shall modify the time of
payments to Contractor as set forth in the approved Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
4.10 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
4.11 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not
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accept any additional surcharges (credit card transaction fees) as a result of using the County’s
credit card for transactions relating to this solicitation
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal
non-compliance with the Contract Documents. The Project Manager may nullify the whole or
any part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under this Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to
subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be
completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the
Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work
by the Contractor; or (g) any other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three
(3) days written notice, rectify the same at Contractor's expense. Provided however, in the
event of an emergency, Owner shall not be required to provide Contractor any written notice
prior to rectifying the situation at Contractor’s expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made
arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to
the County by applying the amount owed to the vendor or contractor for services performed of
for materials delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court’s Finance Department after the Work is finally inspected and accepted by
Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an
explicit condition precedent to the accrual of Contractor's right to final payment, shall have
furnished Owner with a properly executed and notarized copy of the Release and Affidavit
attached as Exhibit C, as well as, a duly executed copy of the Surety’s consent to final payment
and such other documentation that may be required by the Contract Documents and the Owner.
Prior to release of final payment and final retainage, the Contractor's Representative and the
Project Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a
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waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
damages for defective Work not discovered by the Design Professional or Project Manager at
the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for
approval of materials to be submitted such as shop drawings, data, test results, schedules and
samples. Contractor shall submit all such materials at its own expense and in such form as
required by the Contract Documents in sufficient time to prevent any delay in the delivery of
such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
the Owner to determine that the material or equipment proposed is equivalent or equal to that
named. Requests for review of substitute items of material and equipment will not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted by
Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received
by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof, certifying that
the proposed substitute shall adequately perform the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance of
the proposed substitute will not prejudice Contractor's achievement of substantial completion on
time, whether or not acceptance of the substitute for use in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract with Owner for
the Project) to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service shall be indicated. The
application also shall contain an itemized estimate of all costs that will result directly or indirectly
from acceptance of such substitute, including costs for redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by the Project Manager in
evaluating the proposed substitute. The Project Manager may require Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction acceptable to the
Project Manager, if Contractor submits sufficient information to allow the Project Manager to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Project Manager shall be the
same as those provided herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will
be ordered, installed or utilized without the Project Manager's prior written acceptance which
shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved
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Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
record time required by the Project Manager and the Project Manager's consultants in
evaluating substitutions proposed by Contractor and making changes in the Contract
Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute,
Contractor shall reimburse Owner for the charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The daily log shall document all activities of
Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work
hours, the amount of precipitation received on the Project site, and any other weather conditions
which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and
working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the
time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the
Contract Documents, including, but not limited to, all drawings, specifications, addenda,
amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written
interpretations and clarifications issued by the Design Professional, in good order and annotated
to show all changes made during construction. The annotated drawings shall be continuously
updated by the Contractor throughout the prosecution of the Work to accurately reflect all field
changes that are made to adapt the Work to field conditions, changes resulting from Change
Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of
piping, conduit and utility services. All buried and concealed items, both inside and outside the
Project site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The
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annotated drawings shall be clean and all changes, corrections and dimensions shall be given
in a neat and legible manner in a contrasting color. The "As-Built" record documents, together
with all approved samples and a counterpart of all approved shop drawings shall be available to
the Project Manager or Design Professional for reference. Upon completion of the Work and as
a condition precedent to Contractor's entitlement to final payment, these "As-Built" record
documents, samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate
to the Work hereunder for a minimum of five (5) years from the date of termination of this
Agreement or the date the Project is completed or such longer period as may be required by
law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with
specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required
by the public agency to perform the service. If the Contractor transfers all public
records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of
public records, in a format that is compatible with the information technology systems
of the public agency.
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9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and material-men, as well as coordinating its
Work with all work of others at the Project Site, so that its Work or the work of others shall not
be delayed or impaired by any act or omission by Contractor. Contractor shall be solely
responsible for all construction means, methods, techniques, sequences, and procedures, as
well as coordination of all portions of the Work under the Contract Documents, and the
coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall
notify the Owner in writing within forty-eight (48) hours after the commencement of such delay,
stating the cause or causes thereof, or be deemed to have waived any right which Contractor
may have had to request a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any
right to damages or additional compensation from Owner. Contractor expressly acknowledges
and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against
Owner will be the right to seek an extension to the Contract Time; provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing
Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver
of any right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an
itemized estimate of any cost or time increases or savings it foresees as a result of the change.
Except in an emergency endangering life or property, or as expressly set forth herein, no
addition or changes to the Work shall be made except upon written order of Owner, and Owner
shall not be liable to the Contractor for any increased compensation without such written order.
No officer, employee or agent of Owner is authorized to direct any extra or changed work orally.
Any alleged changes must be approved by Owner in writing prior to starting such items. Owner
will not be responsible for the costs of any changes commenced without Owner’s express prior
written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are in fact not a change but rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued
and executed promptly after an agreement is reached between Contractor and Owner
concerning the requested changes. Contractor shall promptly perform changes authorized by
duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in
the Change Order in the manner as Owner and Contractor shall mutually agree.
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10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a
written Work Directive Change. In that event, the Contract Amount and Contract Time shall be
adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment
determination, Contractor must make a claim pursuant to Section 11 of these General
Conditions or else be deemed to have waived any claim on this matter it might otherwise have
had.
10.4 In the event a requested change results in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and material
costs and reasonable actual equipment costs as a result of the change (including allowance for
labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In
the event such change Work is performed by a Subcontractor, a maximum ten percent (10%)
markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor
and material costs and actual equipment costs shall be permitted, with a maximum five percent
(5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum
markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub-Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to
verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with
any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications
are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of time or
other relief with respect to the terms of the Contract Documents. The term "Claim" also includes
other disputes and matters in question between Owner and Contractor arising out of or relating
to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party
making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-
eight (48) hours from when the Contractor knew or should have known of the event giving rise
to such Claim or else the Contractor shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants additional time in writing, or else the
Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance
with the provisions of Subsection 10.4.
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11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise
agreed to by the Owner in writing. Owner shall continue to make payments in accordance with
the Contract Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utility owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents, written notice thereof will
be given to Contractor prior to starting any such other work. If Contractor believes that such
performance will involve additional expense to Contractor or require additional time, Contractor
shall send written notice of that fact to Owner and Design Professional within forty-eight (48)
hours of being notified of the other work. If the Contractor fails to send the above required forty-
eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may
have had to seek an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work and shall properly connect and
coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written consent of the
Project Manager and the others whose work will be affected. The duties and responsibilities of
Contractor under this paragraph are for the benefit of such utility owners and other Contractors
to the extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of
any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to
Project Manager in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. Contractor's failure to report
will constitute an acceptance of the other work as fit and proper for integration with Contractor's
Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold
harmless Owner and its officers and employees from any and all liabilities, claims, damages,
penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited
to, reasonable attorneys’ fees and paralegals’ fees, whether resulting from any claimed breach
of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor’s
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
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termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements
and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, worker's compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code,
statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinances, rules or regulations
subsequent to the date this Agreement was executed that increases the Contractor’s time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services. Exceptions to the program:
Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal.
Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Procurement Services Division an
executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is
attached to the solicitation documents. If the Bidder/Vendor does not comply with providing
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both the acceptable E-Verify evidence and the executed affidavit the bidder’s / vendor’s
proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above. For additional
information regarding the Employment Eligibility Verification System (E-Verify) program visit the
following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this
Agreement or any part thereof, it shall require that its assignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work
through an internal budget transfer(s). Contractor is not responsible for paying for permits
issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier County
agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any
permits obtained by Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not
issued by Collier County shall be acquired and paid for by the Contractor.
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17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default
shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further
set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
within the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs
the Work unsuitably or neglects or refuses to remove materials or to correct or replace such
Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of
the Work; or (5) fails to resume Work which has been suspended within a reasonable time after
being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10)
days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable
codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
following receipt by Contractor of said written notice or such longer period of time as may be
consented to by Owner in writing and in its sole discretion, then Owner, at its option, without
releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate
Contractor's right to proceed under the Agreement, in whole or in part, and take possession of
all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders, and complete all or
any portion of Contractor's Work by whatever means, method or agency which Owner, in its
sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed.
All moneys expended and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other direct and indirect expenses
(including Design Professional and attorneys' fees) or damages incurred by Owner incident to
such completion, shall be deducted from the Contract Amount, and if such expenditures exceed
the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on
demand the full amount of such excess, including costs of collection, attorneys' fees (including
appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid
balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by
the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to
be paid to the Contractor or Owner, as the case may be, shall be approved by the Project
Manager, upon application, and this obligation for payment shall survive termination of the
Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any
and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed
by Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any
claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder.
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18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein, then the
termination will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after
giving Owner a second fourteen (14) days written notice of Contractor’s intention to stop
performance under the Agreement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contract
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
giving written notice to Owner of Contractor’s intent to terminate this Agreement. If Owner does
not cure its default within fourteen (14) days after receipt of Contractor’s written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be entitled to payment for Work not performed or any
other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to
seek an extension of time to its schedule in accordance with the procedures set forth in the
Contract Documents. In no event shall the Contractor be entitled to any additional
compensation or damages. Provided, however, if the ordered suspension exceeds six (6)
months, the Contractor shall have the right to terminate the Agreement with respect to that
portion of the Work which is subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after
conferring with the Design Professional, considers the Work (or designated portion)
substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of
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Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or
designated portion thereof) and include a tentative punch-list of items to be completed or
corrected by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of Substantial
Completion, but Owner shall allow Contractor reasonable access to complete or correct items
on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return
of any surplus assets, including materials, supplies, and equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly approve payment,
recommending that, on the basis of their observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and payable.
Neither the final payment nor the retainage shall become due and payable until Contractor
submits:
(1) Receipt of Contractor’s Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract Documents,
to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final payment
nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or material men supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents. Contractor further warrants to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall correct it
promptly after receipt of written notice from Owner. Contractor shall also be responsible for and
pay for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. Further, in the event of an emergency, Owner may commence to
correct any defective Work, without prior notice to Contractor, at Contractor’s expense. These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of
law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify
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compliance with the requirements of the Agreement. The Contractor's Representative shall be
present at the time of inspection and shall take remedial actions to correct any deficiencies
noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be
grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner,
in addition to any other rights and remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees,
and governmental agencies with jurisdiction over the Project shall have access at all times to
the Work, whether the Work is being performed on or off of the Project site, for their
observation, inspection and testing. Contractor shall provide proper, safe conditions for such
access. Contractor shall provide Project Manager with timely notice of readiness of the Work
for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any
public authority having jurisdiction over the Project requires any portion of the Work to be
specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish Project Manager the required certificates of
inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
Project Manager, be uncovered for Project Manager's observation and be replaced at
Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection with any
overtime work. Such overtime work consisting of any work during the construction period
beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or
holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional
nor inspections, tests or approvals by others shall relieve Contractor from Contractor's
obligations to perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties
made or assigned by Contractor to Owner shall be deemed defective Work. If required by
Project Manager, Contractor shall as directed, either correct all defective Work, whether or not
fabricated, installed or completed, or if the defective Work has been rejected by Project
Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear
all direct, indirect and consequential costs of such correction or removal (including, but not
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limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby, and shall hold Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall
uncover, expose or otherwise make available for observation, inspection or tests as Project
Manager may require, that portion of the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work is defective, Contractor shall bear all
direct, indirect and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals), and Owner shall be entitled to an
appropriate decrease in the Contract Amount. If, however, such Work is not found to be
defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension
to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents, Project Manager may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for
Owner’s benefit and nothing herein shall be construed as obligating the Project Manager to
exercise this right for the benefit of Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to
accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order shall
be executed evidencing such acceptance of such defective Work, incorporating the necessary
revisions in the Contract Documents and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
promptly pay Owner an appropriate amount to adequately compensate Owner for its
acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager,
to correct defective Work or to remove and replace rejected defective Work as required by
Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract
Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy
any such deficiency. Provided, however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor from any or all of the Project site, take
possession of all or any part of the Work, and suspend Contractor's services related thereto,
take possession of Contractor's tools, appliances, construction equipment and machinery at the
Project site and incorporate in the Work all materials and equipment stored at the Project site or
for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow
Owner, Design Professional and their respective representatives, agents, and employees such
access to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change Order
shall be issued, incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs
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shall include, but not be limited to, fees and charges of engineers, architects, attorneys and
other professionals, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the
Work competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents. Contractor shall keep on the Work at all times during its progress
a competent resident superintendent, who shall be subject to Owner’s approval and not be
replaced without prior written notice to Project Manager except under extraordinary
circumstances. The superintendent shall be employed by the Contractor and be the
Contractor's representative at the Project site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if given to
the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project
superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list
identifying Contractor’s Project Superintendent and all of Contractor’s key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner’s prior
written approval, and if so removed must be immediately replaced with a person acceptable to
Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall, at his discretion, deduct from the
Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of
adequate project supervision, not as a penalty, but as liquidated damages, separate from the
liquidated damages described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 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 any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any moneys necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone
for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks,
Contractor shall immediately notify Project Manager and Design Professional. The Owner or
Design Professional shall re-establish the benchmarks and Contractor shall be liable for all
costs incurred by Owner associated therewith.
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26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. If the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract Documents and other lands and areas permitted by law, rights of way,
permits and easements, and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof, or any land or areas
contiguous thereto, resulting from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. Contractor shall erect and maintain all necessary
safeguards for such safety and protection. Contractor shall notify owners of adjacent property
and of underground structures and improvements and utility owners when prosecution of the
Work may affect them, and shall cooperate with them in the protection, removal, relocation or
replacement of their property. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as the Work is completed and final
acceptance of same by Owner has occurred.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer. All
electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at
the Project site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property.
All employees of Contractor, as well as those of all subcontractors and those of any other
person or entity for whom Contractor is legally liable (collectively referred to herein as
“Employees”), shall not possess or be under the influence of any such substances while on any
Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or
other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply
with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor.
Such identification badge must be prominently displayed on the outside of the Employees’
clothing at all times. All Employees working at the Project site must log in and out with the
Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas
and shall not permit any Employees to enter any other portions of Owner’s property without
Owner’s expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner’s property, and are strictly prohibited from using any of Owner’s
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with
respect to dress and conduct at the Project site. Further, all Employees shall comply with the
dress, conduct and facility regulations issued by Owner’s officials onsite, as said regulations
may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner’s facilities only through the
ingress and egress points identified in the site utilization plan approved by Owner or as
otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner’s facilities or
personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner’s property. Friends, family members or other visitors of the Employees are not permitted
on Owner’s property; and
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28.5.9 At all times, Contractor shall adhere to Owner’s safety and security
regulations, and shall comply with all security requirements at Owner’s facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference
with the Project Manager, Design Professional and others as appropriate to discuss the
Progress Schedule, procedures for handling shop drawings and other submittals, and for
processing Applications for Payment, and to establish a working understanding among the
parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and
all meetings convened by the Project Manager with respect to the Project, when directed to do
so by Project Manager or Design Professional. The Contractor shall have its subcontractors and
suppliers attend all such meetings (including the pre-construction conference) as may be
directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as
prescribed in the Florida Department of Transportation’s Design Standards (DS), where
applicable on state roadways. These projects shall also comply with Collier County’s
Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available
through Risk Management and/or Procurement Services Division, and available on-line at
colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become
familiar with their requirements. Strict adherence to the requirements of the Maintenance of
Traffic (“MOT”) policy will be enforced under this Contract. All costs associated with the
Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required,
MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup
shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to
Owner, Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales
tax and may wish to generate sales tax savings for the Project, Owner reserves the right to
make direct purchases of various construction materials and equipment included in the Work
(“Direct Purchase”). Contractor shall prepare purchase orders to vendors selected by
Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two
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weeks for execution of all such purchase orders by Owner. Contractor represents and warrants
that it will use its best efforts to cooperate with Owner in implementing this sales tax savings
program in order to maximize cost savings for the Project. Adjustments to the Contract Amount
will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,
plus the saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed
upon between Owner and Contractor. With respect to all Direct Purchases by Owner,
Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery,
storing, handling, installing, warranting and quality control for all Direct Purchases.
Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees
that all Direct Purchases shall be included within and covered by Contractor’s warranty to
Owner to the same extent as all other warranties provided by Contractor pursuant to the terms
of the Contract Documents. In the event Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer
or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to
Contractor any and all warranties and Contract rights Owner may have from any manufacturer
or supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the breakdown and composition
of bid packages for award of subcontracts, based on the current Project Milestone Schedule,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
for their review and approval prior to submitting its first Application for Payment. Contractor
shall take into consideration such factors as natural and practical lines of severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, availability of labor and materials, community relations and any
other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner’s best interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of the Work on this Project must be “qualified” as defined in Collier County Ordinance
2013-69, meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor’s bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses,
licensing information and phone numbers, it intends to utilize for the Project prior to entering
into any subcontract or purchase order and prior to the Subcontractor commencing any work on
the Project. The list identifying each Subcontractor cannot be modified, changed, or amended
without prior written approval from Owner. Any and all Subcontractor work to be self-performed
by Contractor must be approved in writing by Owner in its sole discretion prior to
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commencement of such work. Contractor shall continuously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for
every Subcontractor and sub-subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner’s approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
be performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owner, Collier County Government, will be an additional
insured on all liability insurance policies required to be provided by the Subcontractor except
workman’s compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will
be bound. Each Subcontractor shall similarly make copies of such documents available to its
sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-
site) supervision through a named superintendent for each trade (e.g., general concrete forming
and placement, masonry, mechanical, plumbing, electrical and roofing) included in its
subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified
employee for scheduling direction for its portion of the Work. The supervisory employees of the
Subcontractor (including field superintendent, foreman and schedulers at all levels) must have
been employed in a supervisory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last five years. The Subcontractor shall include a
resume of experience for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
33.6.1 That the Subcontractor’s exclusive remedy for delays in the performance of
the subcontract or purchase order caused by events beyond its control, including delays
claimed to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor’s claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes plus
no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies
for delays and changes in the Work and thus eliminate any other remedies for claim for increase
in the contract price, damages, losses or additional compensation. Further, Contractor shall
require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
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33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in
the manner in which Contractor must submit such claims to Owner, and that failure to comply
with such conditions for giving notice and submitting claims shall result in the waiver of such
claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a
current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or
their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, “Board”, up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a
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schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 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@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If there
are additional fees for this process, the vendor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of
a Value Engineering (VE) study conducted during project development. A “project” shall be
defined as the collective contracts, which may include but not be limited to: design, construction,
and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110
& 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida
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Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining
to the storage of hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day
tanks for generators, storing / will be storing petroleum products or hazardous materials. The
contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a
permitting entity and then SHWMD must approve the plans prior to contractor’s submittal for
permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner’s projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall
supply competent employees who are physically capable of performing their employment duties.
The Owner may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Owner’s projects
is not in the best interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of Contractor with
full decision-making authority and by Owner’s staff person who would make the presentation of
any settlement reached during negotiations to Owner for approval. Failing resolution, and prior
to the commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-
upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Contractor with full decision-making authority and by Owner’s staff person or
designee who would make the presentation of any settlement reached at mediation to Owner’s
Board for approval. Should either party fail to submit to mediation as required hereunder, the
other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Supporting documents found at: http://bid.colliergov.net/bid/
Southwest Florida Water Management District (SFWMD)
Funding Supplemental Conditions
12/20/16
1
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the
general conditions and other specifications. In cases of disagreement with any other section of this contract, the
Supplemental Conditions shall govern.
1. Records, Access and Retention
A. Maintenance of Records: The Contractor shall maintain all financial and non-financial records and reports directly
or indirectly related to the negotiation or performance of this contract including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for
a period of five (5) years from the expiration date of the contract.
B. Examination of Records: The SFWMD shall have the right to examine in accordance with generally accepted
governmental auditing standards all records directly or indirectly related to this contract. Such examination
may be made only within five (5) years from the expiration date of this contract.
C. Extended Availability of Records for Legal Disputes: In the event that the SFWMD should become involved in a
legal dispute with a third party arising from performance under this contract, the County shall extend the period of
maintenance for all records relating to the contract until the final disposition of the legal dispute. All such records
shall be made readily available to the SFWMD.
2. Discriminatory Vendor List – The contractor will not discriminate against any person on legally protected
basis in any activity under this solicitation or a contract. Any entity or affiliate that has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and many not transact business with any
public entity.
3. Employment Eligibility Verification - Executive Order 11-116, signed May 27, 2011, by the Governor of
Florida, requires contracts to utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the vendor during the Contract/Work Order term and include in
all subcontracts under this Contract/Work Order, the requirement that subcontractors performing work or providing
services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the term of the subcontract.
4. Indemnification - Contractor agrees to indemnify, pay on behalf, and hold the SFWMD harmless from all
damages arising in connection with a contract.
5. Ownership Rights – Both the SFWMD and the County shall have joint ownership rights to all work items,
including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including
the source and object code, which are developed, created or otherwise originated hereunder by the other party, its
contractor(s), as required by the Statement of Work. Both parties' rights to deliverables received under a contract shall
include the unrestricted and peq)etual right to use, reproduce, modify and distribute such deliverables at no additional
cost to the other party.
6. Compliance with Terms and Conditions - Contractors and its subcontractors shall comply with all
applicable federal, state and local laws and regulations relating to the performance of the contract.
Southwest Florida Water Management District (SFWMD)
Funding Supplemental Conditions
12/20/16
2
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Supplemental Clauses
Southwest Florida Water Management District (SFWMD)
Funding Supplemental Conditions
12/20/16
3
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and funding requirements
identified in this solicitation document(s).
Vendor/Contractor Name _____________________________________
Date __________________
Authorized Signature _________________________________________________________________
Address ___________________________________________________________________________
__________________________________________________________________________________
Solicitation _____________________________________ Contract # _______________________
Supplemental Clauses
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.net/bid/
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT K: PERMITS
Supporting documents found at: http://bid.colliergov.net/bid/
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
District Headquarters: 3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686-8800 www.sfwmd.gov
Okeechobee Service Center: 3800 N.W. 16th Blvd., Suite A, Okeechobee, FL 34972 (863) 462-5260
Lower West Coast Service Center: 2301 McGregor Boulevard, , Fort Myers, FL 33901 (239) 338-2929
Orlando Service Center: 1707 Orlando Central Parkway, Suite 200, Orlando, FL 32809 (407) 858-6100
District staff has reviewed the information submitted July 22, 2016, for for the replacement to the
previously permitted Haldeman Creek Gate, Permit No. 11-01050-S. This application includes the
replacement and relocation of the existing Haldeman Creek weir. The weir will be relocated about 250 ft.
upstream of where it is currently located. This application will have no adverse impacts on water quality
or change the conveyance capacity or stages to Haldeman Creek. Refer to Exhibit 1.0 for a location
map. Site plan and details are attached as Exhibit No. 2.0.
Based on that information, District staff has determined that the proposed activities are in compliance with
the original environmental resource permit and appropriate provisions of paragraph 40E-4.331(2)(b) or
62-330.315(2)(g), Florida Administrative Code. Therefore, these changes have been recorded in our files.
Your permit remains subject to the General Conditions and all other Special Conditions not modified and
as originally issued.
Should you have any questions or comments regarding this authorization, please contact this office.
Sincerely,
August 26, 2016
MR. SHANE COX, P.E.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Brian Rose, P.E.
Section Leader
Lower West Coast Service Center
BR/ah
HALDEMAN CREEK WEIR REPLACEMENTProject :
Collier County, S12,13/T50S/R25E
SUBJECT:
Dear Permittee:
Location:
Regulation
Application No.:160722-10
Permit No.: 11-01050-S
c: Atkins North America, Mark Erwin, P.E. (via email)
08/26/2016
Rev. 06/21/15
1
NOTICE OF RIGHTS
As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which
may be available for administrative hearing or judicial review when the substantial interests of a party are
determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not
all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to
consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District’s
(SFWMD or District) action has the right to request an administrative hearing on that action pursuant to
Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or
may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the
SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of
the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of
consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and
use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of
an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency
decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or
intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency
action. Any person who receives written notice of a SFWMD decision and fails to file a written request for
hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action which materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule
28-106.111, Fla. Admin. Code, point of entry.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply
therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause,
grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing
a petition for hearing. Such requests for extension shall contain a certificate that the moving party has
consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to
or oppose the extension. A timely request for an extension of time shall toll the running of the time period for
filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings
with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not
be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during
normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach,
Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District
holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of
8:00 a.m. on the next regular business day. Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm
Beach, Florida 33416.
Rev. 06/21/15
2
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to
the SFWMD's security desk does not constitute filing. It will be necessary to request that the
SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's
Clerk's office will receive and file the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document. A party who files a document by e-mail shall (1) represent that the
original physically signed document will be retained by that party for the duration of the proceeding
and of any subsequent appeal or subsequent proceeding in that cause and that the party shall
produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or
interruption of the electronic signals and accepts the full risk that the document may not be properly
filed.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla.
Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible
form and on 8 1/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, SFWMD
file number or any other SFWMD identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of the petitioner
and petitioner’s representative, if any.
3. An explanation of how the petitioner’s substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the SFWMD’s decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the SFWMD’s proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the SFWMD’s proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
SFWMD to take with respect to the SFWMD’s proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and
28-106.401–.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under
Section 120.573, Fla. Stat., at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party
who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing
a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set
forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk
of the appropriate district court of appeal.
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SFWMD GeoSpatial Services
¯
REGULATION DIVISION
South Florida Water Management District
Exhibit No: 1 Exhibit Created On:
Created by Regulation GIS Section
2016-07-25 COLLIER COUNTY, FL Application
Application Number: 160722-10Project Name: HALDEMAN CREEK WEIR REPLACEMENT
0 1,750875Feet
Exhibit 1.0
Application 160722-10
Page 1 of 1
Exhibit 2.0 Application 160722-10 Page 1 of 13
Exhibit 2.0 Application 160722-10 Page 2 of 13
Exhibit 2.0 Application 160722-10 Page 3 of 13
Exhibit 2.0 Application 160722-10 Page 4 of 13
Exhibit 2.0 Application 160722-10 Page 5 of 13
Exhibit 2.0 Application 160722-10 Page 6 of 13
Exhibit 2.0 Application 160722-10 Page 7 of 13
Exhibit 2.0 Application 160722-10 Page 8 of 13
Exhibit 2.0 Application 160722-10 Page 9 of 13
Exhibit 2.0 Application 160722-10 Page 10 of 13
Exhibit 2.0 Application 160722-10 Page 11 of 13
Exhibit 2.0 Application 160722-10 Page 12 of 13
Exhibit 2.0 Application 160722-10 Page 13 of 13
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http://bid.colliergov.net/bid/
77
17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.net/bid/
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17-7041 Haldeman Creek Weir CSA: Revised 08312016
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Sam Mathews Construction Superintendent
Mark Mabee Project Manager
Date: 2/21/2017
co county
Administrative Services Department
Procurement Services Division
Notice of Recommended Award
Solicitation: 17-7041 Title: Haldeman Creek Weir Replacement
Due Date and Time: 2/16/2017 @ 2:30 PM
Respondents:
Company Name
City
County
State
Bid Amount
Responsive/Responsible
Thomas Marine
Ft Myers
Lee
FL
$1,637,185.00
Yes / Yes
Quality Enterprises
Naples
Collier
FL
$1,764,340.65
Yes / Yes
Custom Built Marine
Port St Lucie
St Lucie
FL
$1,772,339.50
Yes / Yes
Coastal Concrete Products
Ft Myers
Lee
FL
$1,998,135.00
Yes / Yes
ZEP Construction
Ft. Myers
Lee
FL
$2,198,929.24
Yes / Yes
Douglas Higgins
Naples
Collier
FL
$2,437,017.00
Yes/ Yes
Utilized Local Vendor Preference: Yes = No W1 Not applicable, grant funded
Recommended Vendor(s) For Award: Thomas Marine Construction, Inc.
Required Signatures
Project
/-
k Irz
Procurement Strategist: Brenda Bfilhart
Pro�ur rent Services Direor:
5i
Edward F. Coyman Jr. /
Construction of
Haldeman Creek Weir Replacement
Project 60103
April 25, 2017
BCC Agenda Item 11
Capital Project Planning, Impact Fees & Program Mgt Division
Haldeman Creek Weir Project Area
Existing Weir
Proposed
Weir
Wal Mart
Haldema
n Creek
Haldema
n Creek
Haldeman
Creek
Haldeman Creek Weir Replacement
Project Scope
Proposed Weir
n On opposite side of parking lot from old weir for better County access
Will be standard crest weir design with two n Will be standard crest weir design with two gates
n Gates will have electric control
Existing Weir
n Will be demolished and removed
n Vegetation on banks to be cleared
Bidders
n Thomas Marine Construction $1,637,185.00
n Quality Enterprises $1,764,340.65
n Custom Built Marine Construction $1,772,339.50
n Coastal Concrete Products $1,998,135.00
n Zep Construction $2,198,929.24
n D.N. Higgins $2,437,017.00
___________________________________
n Engineer’s OPC -$1,695,680.00
(Low Bid was 3 % below OPC)
Staff Recommendation
1.Award Contract 17-7040 To Thomas
Marine, Inc. for the Haldeman Creek Weir
ReplacementReplacement
2.P.O. in the amount of $1,637,185
3.Authorize Chairman to execute the
contract