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Agenda 07/11/2017 Item #16C 307/11/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid #16-7021, Hammerhead and Designated Driveway Construction, to multiple vendors in two categories. OBJECTIVE: Provide safe and proper turn-around areas on dead-end public roads by building hammerheads and/or designated driveways. CONSIDERATIONS: The Solid and Hazardous Waste Management Department is responsible for ensuring that collection and disposal services provided throughout Collier County in a safe and efficient manner. When this program began in 2010, we were aware of more than 300 dead-end streets in Collier County that did not allow for safe turn-around of waste collection vehicles or large emergency vehicles. In most cases, these large vehicles must back down the street to the nea rest intersection or back onto private property creating an unsafe condition or damage to private property. Since 2010, the Solid & Hazardous Waste Management Division has constructed 101 Hammerheads that have been accepted by Road Maintenance. The intent of this project is to protect the public and private property by providing turn -around capability on dead-end streets for solid waste collection vehicles. Constructing permanent hammerhead-shaped turn-around areas at the end of public streets allows solid waste collection vehicles to turn around safely, reducing property damage and the hazards caused by trucks backing down dead -end streets. The hammerheads are also actively used by emergency medical service trucks, fire trucks, and school buses. In cases where a hammerhead cannot be constructed, a designated driveway will be constructed under the Designated Driveway Program. Designated driveways are property owner -approved reinforced private driveways intended to create safe, designated turn-around areas for solid waste collection vehicles where no turn-around access areas exist. There have been 44 designated driveways constructed through this program since 2009. It is anticipated that 30 to 35 hammerheads will be constructed each fiscal year at approximately $22,000 to $49,000 per hammerhead. Less than 15 designated driveways are anticipated to be built each year with an estimated cost between $7,000 to $22,000 per driveway. During this solicitation, Contract #14-6197 expired. The new solicitation followed the prior format and contract term for two categories to get additional qualified contractors to construct hammerheads and designated driveways. The County posted Invitation to Bid (ITB) #16-7021 on March 8, 2017, with 2106 notices sent to vendors; 74 vendors downloaded full bid packages and 10 bids were received by the due date of April 11, 2017. Staff reviewed the bids and deemed the following companies as the as the most responsive bidders in each category. -Category I - Hammerheads Bradanna SWD Mitchell and Stark Coastal Concrete Products Heritage Builders 07/11/2017 Category II- Designated Driveways SWD Bradanna Mitchell & Stark Coastal Concrete Products Selection was based on the lowest quotes received. The submitted bids were evaluated for award purposes only as each hammerhead and driveway project will be solicited competitively among all the awarded vendors in each category. Staff asks that as part of the Board’s approval that it waives a minor irregularity between the contract term language in the ITB and the recommended contract term of two years with an additional two-year term. The solicitation posted by the County states the contract term is for the duration of the Hammerhead and Designated Driveway Construction Project, which is projected to be over a twenty-year period. Staff requests that the Board waive this irregularity as it is authorized to do under Section 18 of the ITB and Section 12 of the Collier County Procurement Ordinance. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2017 Capital Budget approved by the Board on September 22, 2016 within the Solid Waste Capital Projects Fund 474, in projects 59024 and 59001. The source of funding is the annual Solid Waste Collection Assessment. The estimated cost of construction for FY17 is $1,500,000. The life cycle cost will be funded by the Growth Management Division’s Transportation Department as a continuation of the current roadway. Designated driveways are generally maintenance free for approximately 15 years. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: Award Invitation to Bid #16-7021, Hammerhead and Designated Driveway Construction, to multiple vendors in two categories and authorize the Chair to execute the attached contracts. Prepared By: Sue Zimmerman, Planner, Solid and Hazardous Waste Management Division ATTACHMENT(S) 1. 16-7021 Bradanna Inc_contract_VendSign (PDF) 2. 16-7021 Southwest Div_Contract_VendSign (PDF) 3. 16-7021 Mitchell Stark Construction_VendSign (PDF) 4. 16-7021 Heritage Builders_Contract_VendSign (PDF) 5. 16-7021 spec - ITB 16-7021 (PDF) 6. 16-7021 BID Tabulation (PDF) 7. HH & DD NORA (PDF) 8. 16-7021 Coastal_Contract_VendSign (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 3389 Item Summary: Recommendation to award Invitation to Bid #16-7021, Hammerhead and Designated Driveway Construction, to multiple vendors in two categories. Meeting Date: 07/11/2017 Prepared by: Title: Property Acquisition Specialist, Senior – Solid and Hazardous Waste Name: Sue Zimmerman 06/20/2017 1:55 PM Submitted by: Title: Division Director - Solid Waste – Solid and Hazardous Waste Name: Dan Rodriguez 06/20/2017 1:55 PM Approved By: Review: Public Utilities Department Heather Bustos Additional Reviewer Skipped 06/20/2017 5:59 PM Solid and Hazardous Waste Dayne Atkinson Additional Reviewer Completed 06/21/2017 11:05 AM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/21/2017 12:30 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/21/2017 2:35 PM Procurement Services Swainson Hall Additional Reviewer Completed 06/21/2017 2:42 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/21/2017 5:54 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/22/2017 12:04 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/23/2017 3:43 PM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 06/25/2017 3:34 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/26/2017 7:44 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/27/2017 4:26 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 8:16 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 6:42 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:17 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 12:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM A G R E E M E N T 16-7021 for Hammerhead and Designated Driveway Construction THIS AGREEMENT is made and entered into this day of , 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Bradanna, Inc., authorized to do business in the State of Florida, whose business address is 125 Airport Road N, Suite 200 Naples, Florida 34104 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board approval and terminating two (2) years from that date or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Notice to Proceed or as specified in a Work Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for an additional, two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for hammerheads or designated driveways on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7021 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Category I: Hammerheads Category II: Designated Driveways Bradanna, Inc. Bradanna, Inc. Southwest Division, Inc. Southwest Division, Inc. Mitchell & Stark Construction Co., Inc. Mitchell & Stark Construction Co., Inc. Coastal Concrete Products, LLC dba Coastal Site Development Coastal Concrete Products, LLC dba Coastal Site Development Heritage Builders N/A Page -1- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. tc, 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 Price Quote Procedures: The Contractor will provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the services from the County's Project Manager. The price quote procedure to be followed will be determined by the value of the project. Procedures for projects with a value of $250,000 or less are as follows: • Quotations shall be solicited from all of the Contractors. • Contractor shall respond with the information and/or proposal sought within ten (10) business days. • For projects over $200,000 - Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Issuance by Owner of a numbered Work Order, approval by the Division Director is required. Procedures for projects with a value of $250,000 to $750,000 are as follows: • Quotations shall be solicited from all of the Contractors. Completion time and the collection of liquidated damages may be specified in the Quotations. • Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Contractor(s) shall respond with the information and/or proposal sought within ten (10) business days. • Issuance by Owner of a numbered Work Order; approval is required by the Department Head, County Attorney, and Board of County Commissioners. The Project Manager will award the Work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Work Order for the Work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the Procurement Ordinance, as amended and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Page -2- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. 0 3.1 Price Methodology: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Bradanna, Inc. 125 Airport Road N, Suite 200 Naples, Florida 34104 Phone: 239-455-8891; Fax: 239-417-1461 Attn: Joe Steinmann Email: Joep_bradanna.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Board of County Commissioners for Collier County, Florida c/o Public Utilities Solid & Hazardous Waste Management Division 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Attention: Dayne Atkinson, Project Manager Email: DayneAtkinson(aD_colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and Page -3- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $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. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification Page -4- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. a 0 to the County in the event of cancellation or modification of any stipulated insurance coverage. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County, and the "Other Insurance" provisions of any policies obtained by the Contractor shall not apply to any insurance or self-insurance program carried by the County. Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -5- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. (a 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on the response to the Request for Quotation wishes to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C." 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 Page -6- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanga Jnc. �� ti be responsible, in whole or in part, shall relieve Contractor of his 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page -7- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise Page -8- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, oat 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. This will include any and all tests and inspections required by local, county or state permitting agencies, and those specifically required for hammerheads and designated driveways, such as, but not limited to, densities, core samples, sump tests, etc. 26. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -9- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna Inc. d 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a 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. 28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (4) The Warranty in the form attached as Exhibit G. Page -10- *16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste Management Division. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB No. 16-7021, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -11- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39. 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 Page -12- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. 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-FMOPSCd-)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. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page -13- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) First Witness Print Name and Title econd Witness Print ame and Title Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Bradanna, Inc. Contracto BY: Signa ure Gz VIC7 • 4 % M V^XL rV ^- Print Name and Title Page -14- — res,C4" �+ #16.7021 'Hammerhead and Designated Driveway Construction` Contractor: Bradanna, Inc. EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of under -signed representative, pursuant to authority of its governing body. Page -15- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. CJS Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of , as of 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: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) N Page -16- 20_, by _, a #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. � N As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20with Oblige for ourselves, our heirs, day of , in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -18- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201 by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -19- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , by_ , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -20- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. EXHIBIT B 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 it's 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 (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) 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. y'j ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] 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 _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -21- as #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. OC EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE: Name) (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. 16-7021 Project No. _ Application Date Payment Application No. for Work accomplished through the Date: Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued roj ect ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -22- (Signature) DATE: _ (Type Name and Title) #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. EXHIBIT D CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract #: Change #: = Purchase Order #:1 --7] Project #: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.00 #DIV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Approved dDate Date �ompletion Date [:]e, this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Page -23- Date: Date: #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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. Page -24- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 101WI "al 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 Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page -25- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. �•7 OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -26- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. �O G The warranty in Exhibit G is attached to and made a part of this Certificate: Executed by Design Professional on M Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page -27- 20_ #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna, Inc. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -28- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Bradanna. Inc. O U AGREEMENTI6-7021 for Hammerhead and Designated Driveway Construction THIS AGREEMENT is made and entered into this day of 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Southwest Division, Inc., authorized to do business in the State of Florida, whose business address is 2103 NE 3rd Terrace, Gape Coral, Florida 33926 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board approval and terminating two (2) years from that date or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Notice to Proceed or as specified in a Work Order, The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for an additional, two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement terra prior to the end of the Agreement term then in effect_ The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect.. 2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for hammerheads or designated driveways on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) f#16-7021 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Category I: Hammerheads Category Il: designated driveways Bradanna, Inc. Bradanna, inc. Southwest Division, Inc. Southwest Division, Inc. Mitchell & Stark Construction Co., Inc. Mitchell & Stark Construction Co_, Inc. Coastal Concrete Products, LLC dba Coastal Site Development Coastal Concrete Products, LLC dba Coastal Site Development NIA Heritage Builders Rage -1 916-7021 "Hammerhead and Designated Driveway ConstruOlon" contractor, 5oulhvves( Division, Inr,, (5 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor Father, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 Price Quote Procedures: The Contractor will provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the services from the County's Project Manager. The price quote procedure to be followed will be determined by the value of the project. Procedures for protects with a value of $250,000 or less are as follows: • Quotations shall be solicited from all of the Contractors. • Contractor shall respond with the information and/or proposal sought within ten (10) business days. • For projects over $200,000 - Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Issuance by Owner of a numbered Work Order, approval by the Division Director is required. Procedures for proiects with a value of $250,000 to $750,000 are as follows: i Quotations shall be solicited from all of the Contractors. Completion time and the collection of liquidated damages may be specified in the Quotations. • Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Contractor(s) shall respond with the information and/or proposal sought within ten (10) business days. Issuance by Owner of a numbered Work Order; approval is required by the Department Head, County Attorney, and Board of County Commissioners, The Project Manager will award the Work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Work Order for the Work, This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the Procurement Ordinance, as amended and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Page -2- 916-7021 "Hammerhead and Designated Driveway Construction" Contractor Southwest Division, InC. 3 Price Methodolo : Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Southwest Division, Inc 2403 NE 31d Terrace Cape Coral, Florida 33920 Phone: 239-247-0893; Fax: 239772-0528 Attn: Debi L. Duckels Email: deli. swd(&hush.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postai Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Board of County Commissioners for Collier County, Florida c/o Public Utilities Solid & Hazardous Waste Management Division 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Attention: Dayne Atkinson, Project Manager Email: DayrleAtkinson(dcolliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS., LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits, All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor_ Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and Page -3- #16-7021 "Hammerhead and Designated driveway Construction" Contractor Southwest Division, Inc. G other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8, TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 1 U. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability- Coverage shall have minimum limits of $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. S. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation- Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements- Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification Page -A- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Southwesl Division, InC. IS to the County in the event of cancellation or modification of any stipulated insurance coverage. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County, and the "Other Insurance" provisions of any policies obtained by the Contractor shall not apply to any insurance or self-insurance program carried by the County, Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION_ To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS. A_ When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract [documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -5- #16-7021 `Hammerhead and Designated Driveway Construction" Contractor: southwest Division, Inc. 13. PAYMENTS. Generally, the Contractor will be paid upon completion, however, for Work in excess of thirty (3❑) days, the Contractor may indicate on the response to the Request for Quotation wishes to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment, All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C_" 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount, (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME E=XTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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_ C. 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 Page -6- #164021 "Hammerhead and Designated Driveway Construction" Contractor Southwest Division, Inc. t] be responsible, in whole or in part, shall relieve Contractor of his 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. 17- CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "0" 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. 18. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows' IF THE CONTRACTOR HAS [QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page -7- 916.7021 "Harnmerheod and Designated Driveway Construction" Contractor Southwest Division, Inc 9 The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21 _ ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner_ If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise Page -8- #16.7021 "Hammerhead and Designated Driveway Construction" Contractor: Southwest Division. Iric. a�. 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. This will include any and all tests and inspections required by local, county or state permitting agencies, and those specifically required for hammerheads and designated driveways, such as, but not limited to, densities, core samples, sump tests, etc. 26. PROTECTION OF WORD. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shad re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -9- #16.7021 "Hammerhead and Designated Driveway Construction" CanlraCtor, 5authwest Oivision, Inc. 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a 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. 28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue ai Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof] to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment - (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (4) The Warranty in the form attached as Exhibit G. Page -1 Q- #16-7021 "Hammerhead and Designated Driveway construction" contraclor: Southwest Division, Inc. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 29. LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date_ Any Work performed by Contractor prior to the Commencement date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation, Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner, When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 30 AGREEMENT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste Management Division. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including. Contractor's Proposal, Insurance Certificate(s), ITB No. 10-7021, any addenda, any QuotationNUork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -11- #16.7021 "Hammerhead and Designated Driveway construction" Conlractor. Southwest Division, Inc, a�, 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall after or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311, Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andlor 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. 33. SUBJECT TO APPROPRIATION, It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 35. IMMIGRATION LAW COMPLIANCE, By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately, 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT _TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39 SECURITY. The Contractor is required to comply with County Ordinance 200452, 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 Page -12- #1 6-7021 "Harnmerhead and DesignWed Driveway Construction" Contractor: Southwest Division, Inc. 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(c.)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. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site, Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception_ Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page -13- #16-7021 "Hammerhead and Designated Driveway construction" Contractor: Southwest Division, Inc. Az IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts NA Dated: (Seal) Qs.� A 4��- ,- st witne AS Robert= C. Hynes Print Name and Title Second Witness Al Sanders Print Dame and Title Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Southwest Division, Inc ontractor By Signature Debi. L. Duckel s Print Name and Title Page -14- #16-7621 "Hammerhead and designated Driveway Construction" Contractor: Southwest Division , I A �I IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight B. Brock, Clerk of Courts Dated: (Seal) First Witness Print Name and Title Second Witness Print Name and Title Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Southwest Division, Inc Contractor By: Signature Print Name and Title Page -14- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor. Southwest Division, O� EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($__ - ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally - WHEREAS, Principal has entered into a contract dated as of the with Oblige for day of', 20_, in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void-, otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of undersigned representative, pursuant to authority of its governing body - rage -15- #16-7021 "Hammerhead 8nd Designated Driveway Construction" Contractor Southwest Division, Inc. 6 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) K5 Page -16- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Southwest DiviSiori, h1C, As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20—, by _ , as of to me OR has produced My Commission Expires., (AFFIX OFFICIAL SEAL) , Surety , on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.; Page -17- #16-7021 "Hammerhead and designated Driveway Construction" Contractor: Southwest Division, lnc. EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20, with Oblige for day of ourselves, our heirs, in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all fosses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Southwest Oivision, Inc. 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 Statutesr shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20�, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATF OF _ COUNTY OF PRINCIPAL. By: Name: Its: The foregoing instrument was acknowledged before me this 201 —, by . , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of _ of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -19- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor. Southwest Division, Inc. ATTEST: Witness as to Surety Witnesses STATE OF COUNTY OF SURETY. (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name. (Legibly Printed) Notary Public, State of _ Commission No.: Page -24- #16-7421 'Hammerhead and Designated Driveway Construction" Contraclor' Southwest Qivigion, Inc EXHIBIT 8 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 it's 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 (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) 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. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this day of 20 , by as of ,a personally known to me or has produced _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) President [Corporate Sea[] corporation, on behalf of the corporation. He/she is as NAME; (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -21- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor Southwest Division, Inc. S EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) laid No. 16-7021 Project No, Application Date Payment Application No. for Work accomplished through the Date: Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: ° AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued roj ect ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -22- (Signature) DATE,: _ (Type Name and Title) #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Southwest Division, Inc. EXHIBIT D CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract M Change #; = purchase Order #: Project #: Contractor/Firm Name: F Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date, Agenda Item # Current Contract/Wont Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #0IV/01 Total Change from Original Amount Revised Contract/Work Order Total 0.00 #DIVID! Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.0011 #011V/10! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Approved �d Date Date mm�iation Date ac rhkc r:hwnnpl I I # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) © Other (see below) Provide a response to the following: 1.) detailed and specific explanationfrationale of the requested change{s) to the task(s) and 1 or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact If this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: _ Date (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to al! the same terms and conditions as contained in the contract 1 work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor I Vendor / Consultant 1 Design Professional arising out of or related to the Change set forth herein, including claims for impact and delay costs. Accepted by' Date: _ (Contractor I Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: _ - Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date.. (Procurement Professional Page -23- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: 8oulhwest Division, lne. OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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, Page -24- #16-7021 "Hammerhead and Deslgnated Driveway Construction" Ccntraotor; Soutilwesi Division. Inc. d� The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 2a CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER Type Name and Title Page -25- *16.7021 "Hammerhead and Designated Driveway COn3trvttion" Contractor: Southwest Dvision, Inc. OWNER'S Project No, PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -26- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor Southwest Division, Inc. The warranty in Exhibit G is attached to and made a part of this Certificate: Executed by Design Professional on 0 2D_ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 L`IM OWNER Type Name and Title Page -27- #16.7021 "Hammerhead and Designated Driveway Constructlon" Contractor: Southwest Division, Inc. EXHIBIT G ATIM1-17tIF_1 ilq It V0 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION - The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY, It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -2A- #13-7421 "Hammerhead and Designated Driveway Construction" Contractor: Southwest Division, inc, AG REEMENT16-7021 for Hammerhead and Designated Driveway Construction THIS AGREEMENT is made and entered into this day of 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Mitchell & Stark Construction Co., Inc., authorized to do business in the State of Florida, whose business address is 6001 Shirley Street, Naples, Florida 34109 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board approval and terminating two (2) years from that date or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Notice to Proceed or as specified in a Work Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for an additional, two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for hammerheads or designated driveways on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7021 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Category I: Hammerheads Category II: Designated Driveways Bradanna, Inc. Bradanna, Inc. Southwest Division, Inc. Southwest Division, Inc. Mitchell & Stark Construction Co., Inc. Mitchell & Stark Construction Co., Inc. Coastal Concrete Products, LLC dba Coastal Site Development Coastal Concrete Products, LLC dba Coastal Site Development Heritage Builders N/A Page -1- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 Price Quote Procedures: The Contractor will provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the services from the County's Project Manager. The price quote procedure to be followed will be determined by the value of the project. Procedures for projects with a value of $250.000 or less are as follows: • Quotations shall be solicited from all of the Contractors. • Contractor shall respond with the information and/or proposal sought within ten (10) business days. • For projects over $200,000 - Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Issuance by Owner of a numbered Work Order, approval by the Division Director is required. Procedures for projects with a value of $250,000 to $750.000 are as follows: • Quotations shall be solicited from all of the Contractors. Completion time and the collection of liquidated damages may be specified in the Quotations. • Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Contractor(s) shall respond with the information and/or proposal sought within ten (10) business days. • Issuance by Owner of a numbered Work Order; approval is required by the Department Head, County Attorney, and Board of County Commissioners. The Project Manager will award the Work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Work Order for the Work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the Procurement Ordinance, as amended and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Page -2- #i6-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 3.1 Price Methodology: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mitchell & Stark Construction Co., Inc 6001 Shirley Street Naples, Florida 34109 Phone: 239-597-2165; Fax: 239-566-7865 Attn: Brian Penner, President Email: BPenner(cDmitchellstark.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Board of County Commissioners for Collier County, Florida c/o Public Utilities Solid & Hazardous Waste Management Division 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Attention: Dayne Atkinson, Project Manager Email: DayneAtkinson(a)colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and Page -3- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor. Mitchell & Stark Construction Co., Inc. 9 other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification Page -4- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 0 to the County in the event of cancellation or modification of any stipulated insurance coverage. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County, and the "Other Insurance" provisions of any policies obtained by the Contractor shall not apply to any insurance or self-insurance program carried by the County. Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS A. When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds, B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -5- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co.. Inc. 9 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on the response to the Request for Quotation wishes to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C." 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 Page -6- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor; Mitchell & Stark Construction Co., Inc. be responsible, in whole or in part, shall relieve Contractor of his 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page -7- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 9 The Contractor must specifically comply with the Florida Public Records Law: I. 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 formal that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise Page -8- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. This will include any and all tests and inspections required by local, county or state permitting agencies, and those specifically required for hammerheads and designated driveways, such as, but not limited to, densities, core samples, sump tests, etc. 26. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -9- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 0 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a 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. 28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (4) The Warranty in the form attached as Exhibit G. Page -10- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. Oyj Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 29. LIQUIDATED DAMAGES. The "Commencement Date' shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste Management Division. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB No. 16-7021, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page •11- #167021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39. 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 Page -12- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co.. Inc. 9 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-FMOPSCcr)collieroov.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. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page -13- #18-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. �bJ IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts Dated: (Seal) First Witness Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Mitchell & Stark Construction Co., Inc Contractor By. ignature Print Name and Title Page -14- #16-7021 'Hammerhead and Designated Driveway Construction" .. ---------. ...._._u a c...w 1....o1-6on Rn Lr. 1 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That I as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS. Principal has entered into a contract dated as of the day of , 20, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page -15- 916-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. �F_ 3 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY O_F PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20_, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) No Page -16- #16-7021 "Hammerhead and Designated Driveway Construction' Contractor: Mitchell & Stark Construction Co., Inc. 9 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged 20_, by of to me OR has produced My Commission Expires. (AFFIX OFFICIAL SEAL) before me this day of as Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 6 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -18- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co.. Inc. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal PRINCIPAL: By: _ Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201_, by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -19- #16.7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. OdJ ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -20- #18-7D21 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. EXHIBIT B 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 it's 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 (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) 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. A ITS: DATE: Witnesses STATE OF COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this day of 20by , as of a corporation, on behalf of the corporation personally known to me or has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Nota (Legibly Printed) Notary Public, State of Commissioner No.: Page -21- President [Corporate Seal] He/she is as #1&7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. OdJ EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. 16-7021 Project No. _ Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE Original Contract Time: Revised Contract Time: Retainage @ 10% thru(insert date] $ Retainage @ _% after (insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % Liquidated Damages to be Accrued Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: roject ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -22- (Signature) DATE: (Type Name and Title) #167021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. EXHIBIT D CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: Project Name: II�� Project Manager Name: Department: Original Contract/Work Order Amounl Current BCC Approved Amount Current Contract/Work Order Amount Dollar Amount of this Change Revised Contract/Work Order Total Original BCC Approval Date; Agenda Item # Last BCC Approval Date; Agenda Item # SAP Contract Expiration Date (Master) Total Change from Original Amount Change from Current BCC Approved Amount Completion Date, Description of the Task(s) Change, and Rational e for the Change Notice to Proceed Original Approved d Date Date ompletion Date this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: t.) detailed and specific explanationlrationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact If this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Protect Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date:_ (Contractor / Vendor / Consultant / Design Professional and Name of Finn, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page -23- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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. Page -2a- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 Design Professional By: Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on A iM CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page -25- #16-7021 "Hammerhead and Designated Ddvemy Construction" Contractor: Mitchell & Stark Construction Co.. Inc. D EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -26- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. 6 The warranty in Exhibit G is attached to and made a part of this Certificate: Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -27- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR M Attest: Page -28- #16-7021 `Hammerhead and Designated Driveway Construction" Contractor: Mitchell & Stark Construction Co., Inc. A G R E E M E N T 16-7021 for Hammerhead and Designated Driveway Construction THIS AGREEMENT is made and entered into this day of 2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Heritage Builders, LLC, authorized to do business in the State of Florida, whose business address is 3725 31St Avenue SW, Naples, Florida 34117 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board approval and terminating two (2) years from that date or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Notice to Proceed or as specified in a Work Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for an additional, two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for hammerheads or designated driveways on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7021 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Category I: Hammerheads Category II: Designated Driveways Bradanna, Inc. Bradanna, Inc. Southwest Division, Inc. Southwest Division, Inc. Mitchell & Stark Construction Co., Inc. Mitchell & Stark Construction Co., Inc. Coastal Concrete Products, LLC dba Coastal Site Development Coastal Concrete Products, LLC dba Coastal Site Development Heritage Builders N/A Page -1- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 Price Quote Procedures: The Contractor will provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the services from the County's Project Manager. The price quote procedure to be followed will be determined by the value of the project. Procedures for projects with a value of $250,000 or less are as follows: • Quotations shall be solicited from all of the Contractors. • Contractor shall respond with the information and/or proposal sought within ten (10) business days. • For projects over $200,000 - Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Issuance by Owner of a numbered Work Order, approval by the Division Director is required. Procedures for projects with a value of $250,000 to $750,000 are as follows: • Quotations shall be solicited from all of the Contractors. Completion time and the collection of liquidated damages may be specified in the Quotations. • Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Contractor(s) shall respond with the information and/or proposal sought within ten (10) business days. • Issuance by Owner of a numbered Work Order; approval is required by the Department Head, County Attorney, and Board of County Commissioners. The Project Manager will award the Work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Work Order for the Work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the Procurement Ordinance, as amended and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Page -2- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. CPI) 3.1 Price Methodology: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Heritage Builders, LLC 3725 31 st Avenue SW Naples, Florida 34117 Phone: 239-325-7378; Fax: 239-455-1910 Attn: Neville Davies, CFO Email: Neville. heritagebuilders(cpyahoo.cam All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Board of County Commissioners for Collier County, Florida c/o Public Utilities Solid & Hazardous Waste Management Division 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Attention: Dayne Atkinson, Project Manager Email: DayneAtkinsontr'7r_colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and Page -3- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification Page -4- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. to the County in the event of cancellation or modification of any stipulated insurance coverage. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County, and the "Other Insurance" provisions of any policies obtained by the Contractor shall not apply to any insurance or self-insurance program carried by the County. Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -5- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. OBJ 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on the response to the Request for Quotation wishes to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C." 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 Page -6- #16-7021 "Hammerhead and Designated Driveway Construction' Contractor: Heritage Builders. 06. J be responsible, in whole or in part, shall relieve Contractor of his 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page -7- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise Page -8- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. Oy, J 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. This will include any and all tests and inspections required by local, county or state permitting agencies, and those specifically required for hammerheads and designated driveways, such as, but not limited to, densities, core samples, sump tests, etc. 26. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -9- #16-7021 "Hammerhead and Designated Driveway Construction' Contractor: Heritage Builders. 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a 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. 28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (4) The Warranty in the form attached as Exhibit G. Page -10- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. Cly Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste Management Division. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB No. 16-7021, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -11- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 06. 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39. 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 Page -12- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. x '.d 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 collier ov.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. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page -13- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Bruck, Clerk of Courts By: Dated: (Seal) O First Witness Men k(4)L9 Pfint Mame artt_i Title mm.04 TI Print game and Title Approved as to Form and Legality: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Heritage Build - LEC Contractor By: _ -- Signature Print Narne and Title Page -1Q- 410-7021 "Hammerkead and Designated Driveway Construction" Uon:ractor: Heritage Builders. EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and (Business Address) to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. Bond No. Contract No. 16-7021 as as Surety, located at are held and firmly bound heirs, executors, personal day of , 20_, THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of under -signed representative, pursuant to authority of its governing body. Page -15- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 0 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20_, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •E Page -16- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. Colo As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 0 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20with Oblige for ourselves, our heirs, day of , in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -18- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 0 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF 201 PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this ., by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of _ of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -19- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. e ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page -20- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. EXHIBIT B 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 it's 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 (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) 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. ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this day of President [Corporate Seal] 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -21- as #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 009 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE: _ Name) Original Contract Time: Revised Contract Time: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Bid No. 16-7021 Project No. _ Application Date Payment Application No. for Work accomplished through the Date: Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ roject ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -22- (Signature) DATE: _ (Type Name and Title) #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 0 EXHIBIT D CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: F Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.001 #DIV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Approvedd Date Date �ompletion Date Des this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page -23- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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. Page -24- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. v, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: C's 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 Design Professional Type Name and Title , 20_ CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page -25- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 0 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To C61TAZI:I:7 And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -26- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. cova The warranty in Exhibit G is attached to and made a part of this Certificate: Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page -27- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -28- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Heritage Builders. 6 INVITATION TO BID Date: March 8, 2016 From: Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (FAX) swainsonhall@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16-7021 Hammerhead and Designated Drivew ay Construction As requested by the Public Utilities Solid & Hazardous W aste Management Division, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. W e look forward to your participation in Collier County’s competitive procurement process. cc: Dayne Atkinson, Project Manager #16-7021 1 ITB Template_1_20_2017 #16-7021 ITB Template_1_20_2017 2 Invitation to Bid Index Public Notice .............................................................................................................................. 3 Exhibit I: Scope of W ork, Specifications and Response Format ............................................... 4 Exhibit II: General Bid Instructions ............................................................................................ 9 Exhibit III: Standard Purchase Order Terms and Conditions ....................................................15 Exhibit IV: Additional ITB Terms and Conditions ......................................................................18 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ....................................26 Attachment 2: Vendor’s Check List ..........................................................................................27 Attachment 3: Vendor Submittal - Bid Response Form ............................................................28 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit .......................................30 Attachment 5: Vendor Submittal – Immigration Affidavit ............................................................31 Attachment 6: Vendor Substitute W – 9.....................................................................................32 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ................................33 #16-7021 ITB Template_1_20_2017 3 Public Notice Sealed bid responses for Solicitation 16-7021 Hammerhead and Designated Driveway Construction, will be received electronically only at the Collier County’s on line bidding system www.colliergov.net/bid until 3:00 PM, Collier County local time on April 7, 2017. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-7021 Hammerhead and Designated Drivew ay Construction A non-mandatory pre-bid conference will be held on March 22, 2017, commencing promptly at 10:00 AM and held at Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form s included and only available for download from the Collier County Procurement Services Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Procurement Services Division may not be accurate or current. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division Publicly posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building on March 8, 2016. #16-7021 ITB Template_1_20_2017 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Solid & Hazardous W aste Management Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids f rom interested and qualified firms in accordance with the terms, conditions and specif ications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of W ork and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase • Construction of a hammerhead (designed turnaround at dead-end) to be used by solid waste vehicles to execute a three-point turn maneuver; and • Reconstruction of designated driveways as reinforced to be used by solid waste vehicles to execute their turnaround maneuver. Detailed Scope of Work Hammerheads The County anticipates the need for contract vendors to provide construction services at various locations designated by Collier County. The resultant contract shall require the awarded vendors to provide price quotes, specifications, permits and project schedules as described below. All price quotes, schedules and outlined work shall be reviewed by the County prior to the issuance of the work order/purchase order. A typical hammerhead project contains the following estimated quantities: COLLIER COUNTY HAMMERHEAD PROJECT 22nd Avenue NE (West end off 16th St) SUMMARY OF PAY ITEMS WITH ESTIMATED QUANTITIES ITEM DESCRIPTION UNIT QUANTITY MOBILIZATION LS 1 MAINTENANCE OF TRAFFIC LS 1 STAKED SILT FENCE, TYPE III LF 500 CLEARING AND GRUBBING AC .17 EXCAVATION CY 27 IMPORTED FILL, COMPACTED AND IN PLACE CY 160 MILLING/REMOVAL OF EXISTING ASPHALT PAVEMENT SY 206 ASPHALT CONCRETE (1.5" TYPE SP-12.5 STRUCTURAL COURSE) SY 160 STABILIZED SUBGRADE (12" LBR 40) SY 193 #16-7021 ITB Template_1_20_2017 5 REINFORCED CONCRETE PAVE MENT (8" THICK, CLASS 1, 3000 PSI) CY 34 SOD SY 605 19"X30" ELLIPTICAL REINFORCED CONCRETE PIPE LF 144 MITERED END SECTION EA 4 RIP-RAP (12" DEEP, 6" MIN. SIZE) SY 18 REPLACE EXISTING OBJECT MARKERS WITH OM4-1 (9-BUTTON) EA 2 NPDES PERMIT/COMPLIANCE LS 1 * These quantities are a representation of a typical hammerhead. Actual quantities may vary from street to street. All bidders must include each of the above line items in their cost. This price sheet is for award consideration only. All future projects will be quoted according to price quote procedures below. Designated Drivew ays The County anticipates the need for contract vendors to provide reconstruction services to designated driveways at various locations designated by Collier County. The resultant contract shall require the awarded vendors to provide price quotes, specifications, permits and project schedules as described below. All price quotes, schedules and outlined work shall be reviewed by the County prior to the issuance of the work order/purchase order A typical designated driveway project may contain the following: COLLIER COUNTY DESIGNATED DRIVEWAY PROJECT 3211 5th Ave SE ITEM DESCRIPTION UNIT QUANTITY MOBILIZATION LS 1 MAINTENANCE OF TRAFFIC LS 1 STAKED SILT FENCE, TYPE III LF 110 DEMO EXISTING DRIVEWAY AND CULVERT PIPE LS 1 IMPORT SUITABLE FILL AS NEEDED CY 1 6” LIMEROCK BASE SY 63 REINFORCED CONCRETE PAVEMENT (8" THICK, CLASS 1, 3000 PSI) SY 56 SOD SY 130 24” HDPE CULVERT LF 32 MITERED END SECTION EA 2 Both: The successful contractor shall:  Provide all labor, materials, equipment and supplies to complete the entire construction of the hammerhead or designated driveway project. Contractor pricing shall include limerock, mobilization, (MOT) maintenance of traffic, piping, silt fence and all materials required to complete the project. Any rock excavation needed for the installation of the work shall be included in the price f or said work . Contractor is permitted and urged to investigate the subsurface conditions at the project sites prior to preparing the bid. #16-7021 ITB Template_1_20_2017 6 Price Quote Procedures: Provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the reconstruction services f rom the County’s project manager. The price quote procedure to be followed will be determined by the value of the project. Procedures f or projects with a value of $250,000 or less are as follows:  Quotations shall be solicited from all of the Contractors selected.  Contractor shall respond with the inf ormation and/or proposal sought within ten (10) business days.  Issuance by Owner of a numbered W ork Order, Division Director approval is required. Procedures f or projects with a value of $250,000 to $750,000 are as follows:  Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation.  Payment and Perf ormance Bonds will be required and shall be provided within ten (10) business days after notif ication of award.  Contractor shall respond with the information and/or proposal sought within ten (10) business days.  Issuance by Owner of a numbered W ork Order; Department Head, County Attorney and Board of County Commissioners approval is required.  Coordinate and be responsible to ensure that each Hammerhead will have a schedule of 30 days per street for final completion or be subject to liquidated damages in the amount of $87.50 per day. An optional review of the project sites may be scheduled if requested.  Coordinate and be responsible to ensure that each designated driveway will have a schedule of 7 days for f inal completion or be subject to liquidated damages in the amount of $87.50 per day. An optional review of the project sites may be scheduled if requested.  Coordinate and be responsible for all utility locates and independent testing of LBR testing, concrete cylinder testing, and densities, as well as any County required inspections by Road Maintenance and/or Right of Way Permitting. Results to be submitted to the County project manager or County designated inspector.  Coordinate and be responsible for all utility relocates that may be necessary.  Provide specifications for the hammerhead according to Exhibit IA Construction Plan for Design 11A (09/2015) available at: http://bid.colliergov.net/bid/ for this solicitation. Changes to these design plans must be approved by the County’s manager prior to commencement of the work.  Do not begin work until the County’s project manager has issued a Notice to Proceed.  Coordinate and be responsible f or all notifications to residents before the start of construction (County will provide the letter).  Provide video and still pictures of each location before the start of construction (approx 500 ft bef ore Hammerhead), as well as during construction and post construction. These video or still pictures are to become the property of the County, and should be provided to the project manager no later than the f inal “close out” of the project.  Provide for, coordinate and adhere to permits, licenses, and taxes: In compliance with Section 218.80, F.S., all permits (including, but not limited to: Collier County Right-of-W ay, exotic and/or vegetation removal permits, or SFW MD permits), necessary for the completion of the W ork, shall be obtained and paid for by the Contractor.  In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida or the U.S. Government now in force or hereafter adopted.  Coordinate and be responsible f or one (1) year construction warranty period from final acceptance by the Collier County Solid & Hazardous W aste Management Division. #16-7021 ITB Template_1_20_2017 7  Coordinate and be responsible f or watering sod for sixty (60) days from installation. Aw ard Criteria ITB award criteria is as follows:  All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions.  Award shall be based upon the responses to all questions on the Bid Response Page(s).  Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects.  Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to ref lect the proper response.  The County’s Procurement Services Division reserves the right to clarify a vendor’s proposal prior to the award of the solicitation.  It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).  For the purposes of determining the bidder with the lowest price for award purposes only the following methodology will be used: The County shall rank order all contractor’s Vendor Price Sheet TOTAL from lowest to highest to determine the overall low est pricing offered. The lowest three (3) – five (5) contractors will be considered for an award for Hammerhead and/or Designated drivew ay.  Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select multiple awardees.  The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Term of Contract The contract term, if an award(s) is/are made is intended to be for the duration of the Hammerhead and Designated Driveway Construction Project. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments may be based upon multiple factors: the producer price index (CPI) over the past twelve (12) months, market conditions and rate, budget availability and program manager approval, or a combination thereof. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. #16-7021 ITB Template_1_20_2017 8 Projected Timetable Event Date Issue Solicitation Notice March 8, 2017 Last Date for Receipt of W ritten Questions March 29, 2016, 5:00 PM, Naples Local Time Non-mandatory Pre-Bid Meeting March 22, 2016, 10:00 AM, Naples Local Time and Locations Addendum Issued Resulting from W ritten Questions or Pre- Bid Meeting March 31, 2016 Solicitation Deadline Date and Time April 7, 2017, 3:00 PM, Naples Local Time Anticipated Evaluation of Submittals April 2017 Anticipated Completion of Contracts April 2017 Anticipated Board of County Commissioner’s Contract Approval Date May – June 2017 Vendor Required Documents  Attachment 2: Vendor’s Check List  Attachment 3: Vendor Bid Response Form  Attachment 4: Local Vendor Preference  Attachment 5: Immigration Law Affidavit  Attachment 6: Vendor Substitute W -9  Attachment 7: Insurance and Bonding Requirement  The County requests that the Consultant/Vendor submits three (3) references from clients whose projects are of a similar nature to this solicitation. Include description of project, contact name, title, address, phone and email address. #16-7021 ITB Template_1_20_2017 9 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specif ications stated and/or attached herein/hereto. The successful vendor will hereinaf ter be referred to as the “Vendor” All bids must be submitted on the Bid form furnished by the County noted in Attachments of this ITB. No bid will be considered unless Bid forms are properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non- responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing f or all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer’s name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. W here an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specif ications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specif ied address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #16-7021 ITB Template_1_20_2017 10 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS.” Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specif ications as written. The County, at its sole discretion, shall dete rmine if the exceptions are material in nature, and if the Vendor’s exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specif ications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Procurement Services Division Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtf ul, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only off icial answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. #16-7021 ITB Template_1_20_2017 11 10. Protests Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid , also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rej ected as non-responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Procurement Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identif ies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local pref erence will be invited and required to aff irm atively state and provide docum entation as set f orth in the solicitation in suppor t of their status as a local business. Any bidder who f ails to submit sufficient docum entation with their bid off er shall not be granted local pref erence consideration f or the purposes of that specific contract award. Except where f ederal or state law, or any other f unding source, mandates to the contrar y, Collier County and its agencies and instrum entalities, will give pref erence to local businesses in the f ollowing manner. Competitive bid (local price match option). Each f ormal com petitive bid solicitation shall clearly identif y how the price order of the bids received will be evaluated and determined. W hen a qualif ied and responsive, non-local business subm its the lowest price bid, and the bid subm itted by one or more qualif ied and responsive local businesses is within ten percent of the price subm itted by the non-local business, then the local business with the apparent lowest bid off er (i.e., the lowest local bidder) shall have the opportunit y to subm it an off er to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In #16-7021 ITB Template_1_20_2017 12 such instances, staff shall f irst verif y if the lowest non-local bidder and the lowest local bidder are in f act qualif ied and responsive bidders. Next, the Procurement Services Division shall determ ine if the lowest local bidder meets the requirements of F la . S t a t . Sec . 287.087 (Pref erences to businesses with drug-free workplace programs). If the lowest local bidder m eets the requirem ents of Fla . S t a t . S ec. 287.087, the Procurement Services Division shall invite the lowest local bidder to subm it a m atching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder subm its an of fer that fully matches the lowest bid, less one (1) dollar, f r o m the lowest non-local bidder tendered previously, then award shall be m ade to the local bidder. If the lowest local bidder declines or is unable to m atch the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla . S t a t . Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the ref erence state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit w ith their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification 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 verif ication 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.  W here 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-Verif y Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certif ying they shall comply with the E-Verif y Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply w ith providing both the acceptable E- Veri f y e vi dence and t h e executed aff i davi t t he bidder’ s / vendor’ s proposal may be deemed non-responsive. Additionally, vendors shall req uire all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. #16-7021 ITB Template_1_20_2017 13 For additional inf ormation 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. 14. Lobbying All f irms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to f inal Board approval, no f irm or its agent shall contact any other employee of Collier County with the exception of the Procurement Services Division. 15. 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 De partment of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certif icate 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 f irm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information W hen it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certif ication; the County will give local vendor preference. 17. Bid Aw ard Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted outside the offices of the Procurement Services Division as well as on the Collier County Procurement Services Division website on W ednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must f ile a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County 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 #16-7021 ITB Template_1_20_2017 14 protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the “Protest Policy” is available at the office of the Procurement Director. 18. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modif y any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. #16-7021 ITB Template_1_20_2017 15 Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation b y the COUNT Y without notice if not accepted b y VENDOR within fourteen (14) da ys of issuance. 2. Acceptan ce and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreem ent between the parties, unless otherwise specifically noted by the COUNT Y on the face of this Purchase Order. Each deliver y of goods and/or services received b y the COUNTY from VENDOR shall be deem ed to be upon the terms and conditions contained in this Purchase Order. No additional term s m ay be added and Purchase Order m ay not be changed except by written instrum ent executed b y the COUNTY. VENDOR is deem ed to be on notice that the COUNTY objects to an y additional or different terms and conditions contained in any ack nowledgm ent, invoice or other comm unication from VENDOR, notwithstanding the COUNTY’S acceptance or paym ent for any deliver y of goods and/or services, or an y sim ilar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and pa ym ent therefore shall not constitute acceptance. All pa ym ents are subject to adjustm ent for shortage or rejection. All defective or nonconform ing goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purc hase order requires a series of perform ances by VENDOR, the COUNT Y prospectively reserves the right to cancel the entire rem ainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conform ing or other wise rejected by the COUNT Y. 4. Shipping and Invoices a) All goods are FOB destination and m ust be suitabl y pack ed and prepared to secure the lowest transportation rates and to com ply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNT Y at the tim e and place of deliver y; provided that risk of loss prior to actual receipt of the goods by the COUNT Y nonetheless rem ain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor paym ents m ade prior to deliver y. Unless freight and other charges are item ized, an y discount will be taken on the full am ount of invoice. c) All shipm ents of goods scheduled on the sam e day via the sam e route m ust be consolidated. Each shipping container m ust be consecutively num bered and m arked to show this Purchase Order num ber. The container and Purchase Order num bers m ust be indicated on bill of lading. Packing slips m ust show Purchase Order num ber and m ust be included on each package of less than container load (LCL) shipm ents and/or with each car load of equipm ent. The COUNTY reserves the right to refuse or return any shipm ent or equipm ent at VENDOR’S expense that is not m arked with Purchase Order num bers. VENDOR agrees to declare to the carrier the value of any shipm ent m ade under this Purchase Order and the full invoice value of such shipm ent. d) All invoices m ust contain the Purchase Order num ber and an y other specific inform ation as identified on the Purchase Order. Discounts of prom pt paym ent will be com puted from the date of receipt of goods or from date of receipt of invoices, whichever is later. Pa ym ent will be m ade upon receipt of a proper invoice and in com pliance with Chapter 218, Fla. Stats., otherwise known as the “Local Governm ent Prom pt Paym ent Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Tim e for deliver y of goods or perform ance of services under this Purchase Order is of the essence. Failure of VENDOR to m eet deliver y schedules or deliver within a reasonable tim e, as interpreted by the COUNTY in its sole judgm ent, shall entitle the COUNT Y to seek all rem edies available to it at law or in equity. VENDOR agrees to reim burse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconform ing goods and/or services #16-7021 ITB Template_1_20_2017 16 is not a waiver of the CO UNTY’S right to insist upon further com pliance with all specifications. 6. Changes The COUNT Y m ay at any tim e and by written notice m ak e changes to drawings and specifications, shipping instructions, quantities and deliver y schedules within the general scope of this Purchase Order. Should an y such change increase or decrease the cost of, or the tim e required for perform ance of the Purchase Order, an equitable adjustm ent in the price and/or delivery schedule will be negotiated by the COUNT Y and VENDOR. Notwithstanding the foregoing, VENDOR has an affirm ative obligation to give notice if the changes will decrease costs. An y claim s for adjustm ent by VENDOR m ust be m ade within thirty (30) days from the date the change is ordered or within such additional period of tim e as may be agreed upon by the parties. 7. Warranties VENDOR expressl y warr ants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, sam ples or other descriptions furnished or specified by the COUNTY, and will be of satisfactor y m aterial and qualit y production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any securit y interest or other lien, encum brance or claim of any third part y. T hese warranties shall survive inspection, acceptance, passage of title and pa ym ent b y the COUNT Y. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not lim ited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as an y law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNT Y shall advertise the fact that it has contracted with the COUNT Y for goods and/or services, or appropriate or m ake use of the COUNT Y’S nam e or other identif ying m arks or propert y without the prior written consent of the COUNT Y’S Purchasing Departm ent. 10. Indemnification VENDOR shall indem nify and hold harm less the COUNT Y from any and all claim s, including claim s of negligence, costs and expenses, including but not lim ited to attorne ys' fees, arising from , caused by or related to the injur y or death of any person (including but not lim ited to em ployees and agents of VENDOR in the perform ance of their duties or otherwise), or dam age to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services perform ed under this Purchase Order are: a) in com pliance with applicable laws; b) do not infringe any patent, tradem ark, copyright or trade secret; and c) do not constitute unfair com petition. VENDOR shall indem nif y and hold harm less the COUNTY from and against an y and all claim s, including claim s of negligence, costs and expense, including but not lim ited to attorne ys' fees, which arise from an y claim , suit or proceeding alleging that the COUNT Y’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR m ay, at the COUNT Y’S option, procure for the COUNTY the right to continue using the goods or services, or replace or m odif y the goods or services so that the y becom e non-infringing, (without any m aterial degradation in perform ance, quality, functionality or additional cost to the COUNT Y). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide comm ercial insurance of such type and with such terms and lim its as m ay be reasonably associated with the Purchase Order. Providing and m aintaining adequate insurance coverage is a m aterial obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the term s of this Purchase Order, VENDOR agrees that it will com ply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By wa y of non-exhaustive exam ple, this shall include the Am erican with Disabilities Act and all prohibitions against discrim ination on the basis of race, religion, sex creed, national origin, handicap, m arital status, or veterans’ status. Further, VENDOR acknowledges and #16-7021 ITB Template_1_20_2017 17 without exception or stipulation shall be full y responsible for com plying with the provisions of the Imm igration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either m ay be am ended. Failure by the awarded firm(s) to com ply with the laws referenced herein shall constitute a breach of the award agreem ent and the Count y shall have the discretion to unilaterally term inate said agreem ent imm ediately. An y breach of this provision m ay be regarded b y the COUNTY as a m aterial and substantial breach of the contract arising from this Purchase Order. 14. Force M ajeure Neither the COUNT Y nor VENDOR shall be responsible for any delay or failure in perform ance resulting from any cause be yond their control, including, but without lim itation to war, strikes, civil disturbances and acts of nature. W hen VENDOR has knowledge of any actual or potential force m ajeure or other conditions which will delay or threatens to delay tim ely perform ance of this Purchase Order, VENDOR shall imm ediatel y give notice thereof, including all relevant inform ation with respects to what steps VENDOR is taking to complete deliver y of the goods and/or services to the COUNTY. 15. Assignment VENDOR m ay not assign this Purchase Order, nor any m oney due or to becom e due without the prior written consent of the COUNT Y. Any assignm ent m ade without such consent shall be deem ed void. 16. T axes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental propert y rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S perform ance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. T ermination This Purchase Order m ay be term inated at an y tim e by the COUNT Y upon 30 da ys prior written notice to the VENDOR. This Purchase Order m ay be term inated immediatel y b y the COUNT Y for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNT Y has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed b y the laws of the State of Florida. The venue for any action brought to specifically enforce any of the term s and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNT Y to act imm ediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. W aiver of the COUNTY b y an y default b y VENDOR hereunder shall not be deem ed a waiver of an y subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or b y personal deliver y and will be deem ed effective upon receipt. Postage, deliver y and other charges shall be paid by the sender. A party m ay change its address for notice by written notice com plying with the requirem ents of this section. d) The Vendor agrees to reim bursem ent of any travel expenses that m ay be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, em ployees and authorized persons. e) In the event of an y conflict between or am ong the term s of any Contract Docum ents related to this Purchase Order, the term s of the Contract Docum ents shall take precedence over the term s of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Term s and Conditions of the Contract Docum ents, the provisions of the Terms and/or Conditions that are m ost favorable to the County and/or provide the greatest protection to the County shall govern. #16-7021 ITB Template_1_20_2017 18 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor and as per the Procurement Services Ordinances/Polices. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conf lict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County 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 agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not perf ormed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s non-performance. 5. Termination Should the Contractor be f ound to have f ailed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) p ursuant to the Board’s Procurement Ordinance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successf ul vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service f or Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), St ate and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All f irewall penetrations must be protected in order to meet Fire Codes. #16-7021 ITB Template_1_20_2017 19 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way f or the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. 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. 8. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, f itness and quality are equal. 9. Public Records Compliance Florida Public Records Law Chapter 119, including 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 f rom 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, transf er, 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 inf ormation technology systems of the public agency. 10. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or #16-7021 ITB Template_1_20_2017 20 otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 11. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perf orm the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or w ork included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (f ormerly known as Occupational Licenses) should be directed to the Tax Collector’s Office at (239) 252-2477. 12. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the perf ormance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 13. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance 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 specif ied period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specif ied 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. 14. Invoice and Payments The County’s project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: #16-7021 ITB Template_1_20_2017 21 Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County’s project manager before payment for the f ixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 2 18, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing f or standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be #16-7021 ITB Template_1_20_2017 22 submitted within the fiscal year the work was perf ormed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made f or articles and/or 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. 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. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division f or payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment f or work not performed or for unsatisfactory performance of Contractual requirements. 15. Survivability Work Orders: The Consultant/Contractor/Vendor agrees that any W ork Order that extends beyond the expiration date of Solicitation 16-7021 Hammerhead and Designated Driveway Construction will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this W ork Order. 16. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from respons ible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment 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. Certif icates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 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. #16-7021 ITB Template_1_20_2017 23 Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, 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 identif y on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisf actory 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 W ork 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 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. 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 af ter 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 Certif icate of Insurance expires prior to the completion of the scope of work, the Vendor shall f urnish 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 justif ication for the County to terminate any and all contracts. 17. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with curr ent published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at t he time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be f illed out and submitted with your bid response. This document can be found on the #16-7021 ITB Template_1_20_2017 24 Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 18. Security and Background Checks 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 f or 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 f acilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate f ingerprinting 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 f or all costs. 19. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-W ay, the Vendor 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) 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 the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor 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 . #16-7021 ITB Template_1_20_2017 25 20. Debris Vendor shall be responsible f or the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County’s representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 21. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as “County Furnished Materials” and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor:  Required quantities of material.  Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable  Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 22. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private f oundations shall be subject to the compliance and reporting requirements of the granting agency. 23. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment an d an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor’s cost for time and material projects, and to withhold payments until documentation is provided. All County-purchased equipment must be new and of current manufacture in pr oduction at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specif ications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail f rom these specifications does not relieve the Vendor from furnishing a complete unit. #16-7021 ITB Template_1_20_2017 26 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page. We are not responding to this ITB for the following reason(s): Solicitation: 16-7021 Hammerhead and Designated Drivew ay Construction Services requested not available through our company. Our firm could not meet specif ications/scope of work. Specif ications/scope of work not clearly understood (too vague, rigid, etc.) Project is too small. Insuff icient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Firm’s Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: #16-7021 ITB Template_1_20_2017 27 Attachment 2: Vendor’s Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return w ith bid. Vendor should check off each of the f ollowing items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery inf ormation required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashier’s check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Aff idavit and company’s E-Verify prof ile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors, references or any other information as noted in this ITB. Company Name Signature & Title Date #16-7021 ITB Template_1_20_2017 28 Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-7021 Hammerhead and Designated Drivew ay Construction Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good f aith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specif ications denoted herein. The Vendor agrees to provide the following: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: _% Days; Net Days Bid Response Form is electronic. Please input your prices online. Bid Response is as follows: #16-7021 ITB Template_1_20_2017 29 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of . Firm’s Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date **************************************************************************************************** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm’s Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-7021 ITB Template_1_20_2017 30 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit Solicitation: 16-7021 Hammerhead and Designated Drivew ay Construction (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County Lee County Vendor affirm s that it is a local business as defined b y the Procurem ent Ordinance of the Collier Count y Board of County Comm issioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurem ent Ordinance: Local business m eans the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal subm ission to do business within Collier County, and that identifies the business with a perm anent physical business address located within the lim its of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facilit y that receives m ail, or a non -perm anent structure such as a construction trailer, storage shed, or other non-perm anent structure shall not be used for the purpose of establishing said ph ysical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the econom ic developm ent and well-being of Collier Count y in a verifiable and m easurable wa y. T his m ay include, but not be lim ited to, the retention and expansion of em ploym ent opportunities, support and increase to the County's tax base, and residenc y of employees and principals of the business within Collier Count y. Vendors shall affirm in writing their com pliance with the foregoing at the tim e of subm itting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who m isrepresents the Local Preference status of its firm in a proposal or bid subm itted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor m ust com plete the following inform ation: Year Business Established in Collier County or Lee County: Number of Em ployees (Including Owner(s) or Corporat e Officers): Num ber of Em ployees Living in Collier Count y or Lee (Including Owner(s) or Corporate Officers): If requested b y the Count y, vendor will be required to provide docum entation substantiating the inform ation given in this affidavit. Failure to do so will result in vendor’s subm ission being deem ed not applicable. Vendor Nam e: Date: Address in Collier or Lee Count y: Signat ure: Title: ST AT E OF FLORIDA COLLIER COUNT Y LEE COUNT Y Sworn to and Subscribed Before Me, a Notar y Public, for the above State and County, on this Day of _, 20_ . Notar y Public My Comm ission Expires: (AFFIX OFFICIAL SEAL) #16-7021 ITB Template_1_20_2017 31 Attachment 5: Vendor Submittal – Immigration Affidavit Solicitation: 16-7021 Hammerhead and Designated Drivew ay Construction This Affidavit is required and should be signed, notarized b y an authorized principal of the firm and subm itted with form al Invitations to Bid (ITB’s) and Request for Proposals (RFP) subm ittals. Further, Vendors / Bidders are required to enroll in the E-Verif y program , and provide acceptable evidence of their enrollm ent, at the tim e of the subm ission of the vendor’s/ bidder’s proposal. Acceptable evidence consists of a copy of the properly com pleted E-Verif y Com pany Profile page or a copy of the full y executed E-Verif y Mem orandum of Understanding for the com pany. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Ve rif y p ro g ram, m a y d eem t h e V end o r / Bidd e r’s prop o sal as no n - responsive. Collier Count y will not intentional ly award Count y contracts to an y vendor who knowingly em ploys unauthorized alien workers, constituting a violation of the em ploym ent provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Imm igration and Nationalit y Act (“INA”). Collier County m ay consider the em ploym ent b y an y vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Em ploym ent Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral term ination of the contract b y Collier Count y. Vendor attests that they are fully com pliant with all applicable immigration laws (specifically to the 1986 Imm igration Act and subsequent Am endm ent(s)) and agrees to com ply with the provisions of the Mem orandum of Understanding with E- Verify and to provide proof of enrollm ent in The Em ploym ent Eligibility Verification System (E-Verif y), operated b y the Departm ent of Hom eland Securit y in partnership with the Social Securit y Adm inistration at the tim e of subm ission of the Vendor’s / Bidder’s proposal. Com pany Nam e Print Nam e Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notar y Comm ission Num ber/Expiration The signee of this Affidavit guarantees, as evidenced by the s worn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter m ade. #16-7021 ITB Template_1_20_2017 32 Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue S ervice regulations, Collier Count y is required to collect the following inform ation for tax reporting purposes from individuals and com panies who do business with the Count y (including social sec urit y num bers if used b y the individual or com pany for tax reporting purposes). Florida St atute 119.071(5) require that the count y notif y you in writing of the reason for collecting this inform ation, which will be used for no other purpose than herein stated. Pleas e com plete all inform ation that applies to your business and return with your quote or pr oposal. 1. Gen eral Information (provide all inform ation) Ta xpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Address Remit / Payment Information Address City State Zip City State _ Zip FAX Email FAX Email 2. Compan y Status (check only one) Individual / Sole Proprietor Corporation Partnership Ta x Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. T axpayer Id entification Num ber (for tax reporting purpos es only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16-7021 ITB Template_1_20_2017 33 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond T ype Required Limits 1. W orker’s Com pensation Statutory Lim its of Florida Statutes, Chapter 440 and all Federal Governm ent Statutory Lim its and Requirem ents 2. Em ployer’s Liabilit y $ 1,000,000 single lim it per occurrence 3. Comm ercial General Liabilit y (Occurrence Form ) patterned after the current ISO form Bodil y Injur y and Property Dam age $ 1,000,000 single lim it per occurrence, $2,000,000 aggregate for Bodil y Injury Liability and Property Dam age Liability. This shall include Prem ises and Operations; Independent Contractors; Products and Com pleted Operations and Contractual Liability. 4. Indem nification To the m axim um extent perm itted by Florida law, the Contractor/Vendor/Consultant shall indem nif y and hold harm less Collier Count y, its officers and emplo yees from any and all liabilities, dam ages, losses and costs, including, but not lim ited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused b y the negligence, recklessness, or intentionall y wrongful conduct of the Contractor/Vendor/Consultant or an yone em ployed or utilized by the Contractor/Vendor/Consultant in the perform ance of this Agreem ent. 5. Autom obile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Propert y Dam age, Owned/Non-owned/Hired; Autom obile Included 6. Other insurance as noted: W atercraft $ Per Occurrence United States Longshoreman's and Harborwork er's Act coverage shall be maintained where applicable to the com pletion of the work. $ Per Occurrence Maritim e Coverage (Jones Act) shall be m aintained where applicable to the com pletion of the work . $ Per Occurrence Aircraft Liability coverage shall be carried in lim its of not less than $5,000,000 each occurrenc e if applicable to the com pletion of the Services under this Agreem ent. $ Per Occurrence Pollution $ Per Occurrence Professional Liabilit y $ 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 Valuable Papers Insurance $ Per Occurrence #16-7021 ITB Template_1_20_2017 34 Em ployee Dishonest y / Crim e $ Per Occurrence Including Em plo yee Theft, Funds Transfer Fraud, Include a Joint Loss Pa yee endorsem ent nam ing Collier Count y. 7. Bid bond Shall be subm itted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the Count y Clerk , or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be m ade payable to the Collier County Board of County Commissioners on a bank or trust com pany located in the State of Florida and insured b y the Federal Deposit Insurance Corporation. 8. Perform ance and Pa ym ent Bonds For projects in excess of $200,000, bonds shall be subm itted with the executed contract b y Proposers receiving award, and written for 100% of the Contract award am ount, the cost borne b y the Proposer receiving an award. The Perform ance and Pa yment Bonds shall be underwritten b y a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the suret y shall be rated as “A-“ or better as to general polic y holders rating and Class V or higher rating as to financial size categor y and the am ount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the m ost current Best Ke y Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensur e that all subcontractors com ply with the sam e insurance requirem ents that he is required to m eet. The sam e Vendor shall provide County with certificates of insurance m eeting the required insurance provisions. 10. Collier County m ust be named as "ADDITION AL INSURED" on the Insurance Certificate for Comm ercial General Liabilit y where required. 11. T he Certificate Holder shall be nam ed as Collier County Board of Count y Commissioners, OR, Board of Count y Commissioners in Collier County, OR Collier Count y G overnm ent, OR Collier County. The Certificates of Insurance m ust state the Contract Num ber, or Project Num ber, or specific Project description, or m ust read: For any and all work perform ed on behalf of Collier Count y. 12. T hirty (30) Days Cancellation Notice required. RLC 3/8/2017 Vendor’s Insurance Statement W e understand the insurance requir em ents of these specifications and that the evidence of insurabilit y m ay be required within five (5) days of the award of this solicitation. Nam e of Firm Date Vendor Signature Print Nam e Insurance Agenc y Agent Nam e Telephone Num ber Procurement Strategist: Kristofer Lopez Project Manager: Dayne Atkinson CATEGORY I: COLLIER COUNTY HAMMERHEAD PROJECT 22nd Avenue NE (West end of 16th St) ITEM DESCRIPTION UNIT QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL MOBILIZATION LS 1 $1,000.00 1,000.00$ $500.00 500.00$ $3,000.00 3,000.00$ $1,500.00 1,500.00$ $5,750.00 5,750.00$ $9,178.15 9,178.15$ $2,058.89 2,058.89$ $3,000.00 3,000.00$ $5,000.00 5,000.00$ $10,000.00 10,000.00$ MAINTENANCE OF TRAFFIC LS 1 $250.00 250.00$ $500.00 500.00$ $500.00 500.00$ $750.00 750.00$ $575.00 575.00$ $461.00 461.00$ $1,216.74 1,216.74$ $1,500.00 1,500.00$ $3,000.00 3,000.00$ $15,000.00 15,000.00$ STAKED SILT FENCE, TYPE III LF 500 $1.00 500.00$ $1.00 500.00$ $1.00 500.00$ $1.65 825.00$ $2.30 1,150.00$ $1.55 775.00$ $3.00 1,500.00$ $2.85 1,425.00$ $2.50 1,250.00$ $3.50 1,750.00$ CLEARING AND GRUBBING AC 0.17 $3,900.00 663.00$ $2,500.00 425.00$ $5,000.00 850.00$ $7,500.00 1,275.00$ $5,750.00 977.50$ $29,411.76 5,000.00$ $23,320.00 3,964.40$ $20,000.00 3,400.00$ $5,500.00 935.00$ $12,500.00 2,125.00$ EXCAVATION CY 27 $8.00 216.00$ $2.00 54.00$ $10.00 270.00$ $10.00 270.00$ $28.75 776.25$ $39.00 1,053.00$ $150.00 4,050.00$ $28.00 756.00$ $30.00 810.00$ $50.00 1,350.00$ IMPORTED FILL, COMPACTED AND IN PLACE CY 160 $8.00 1,280.00$ $15.00 2,400.00$ $11.72 1,875.20$ $25.00 4,000.00$ $17.25 2,760.00$ $18.00 2,880.00$ $6.85 1,096.00$ $43.50 6,960.00$ $25.25 4,040.00$ $25.00 4,000.00$ MILLING/REMOVAL OF EXISTING ASPHALT PAVEMENT SY 206 $5.00 1,030.00$ $5.00 1,030.00$ $7.00 1,442.00$ $9.00 1,854.00$ $17.25 3,553.50$ $4.60 947.60$ $7.44 1,532.64$ $14.00 2,884.00$ $20.00 4,120.00$ $25.00 5,150.00$ ASPHALT CONCRETE (1.5" TYPE SP-9.5 STRUCTURAL COURSE)SY 160 $17.00 2,720.00$ $12.50 2,000.00$ $25.00 4,000.00$ $25.00 4,000.00$ $23.00 3,680.00$ $19.00 3,040.00$ $21.20 3,392.00$ $35.50 5,680.00$ $55.00 8,800.00$ $35.00 5,600.00$ STABILIZED SUBGRADE (12" LBR 40)SY 193 $3.00 579.00$ $7.50 1,447.50$ $4.00 772.00$ $12.00 2,316.00$ $8.63 1,665.59$ $4.50 868.50$ $28.32 5,465.76$ $8.00 1,544.00$ $10.00 1,930.00$ $20.00 3,860.00$ REINFORCED CONCRETE PAVEMENT (6" THICK, CLASS 1, 3000 PSI)SY 34 $49.00 1,666.00$ $55.00 1,870.00$ $65.00 2,210.00$ $55.00 1,870.00$ $98.33 3,343.22$ $336.50 11,441.00$ $386.88 13,153.92$ $61.00 2,074.00$ $125.00 4,250.00$ $140.00 4,760.00$ SOD SY 605 $2.00 1,210.00$ $1.00 605.00$ $3.00 1,815.00$ $4.25 2,571.25$ $3.45 2,087.25$ $2.35 1,421.75$ $5.00 3,025.00$ $6.00 3,630.00$ $3.00 1,815.00$ $3.40 2,057.00$ 19"X30" ELLIPTICAL REINFORCED CONCRETE PIPE LF 144 $55.00 7,920.00$ $60.00 8,640.00$ $67.10 9,662.40$ $70.00 10,080.00$ $86.25 12,420.00$ $73.00 10,512.00$ $55.00 7,920.00$ $88.50 12,744.00$ $81.00 11,664.00$ $120.00 17,280.00$ MITERED END SECTION EA 4 $450.00 1,800.00$ $1,000.00 4,000.00$ $1,390.00 5,560.00$ $950.00 3,800.00$ $2,127.50 8,510.00$ $1,488.00 5,952.00$ $990.00 3,960.00$ $2,200.00 8,800.00$ $1,650.00 6,600.00$ $1,500.00 6,000.00$ RIP-RAP (12" DEEP, 6" MIN. SIZE)SY 18 $35.00 630.00$ $40.00 720.00$ $43.00 774.00$ $40.00 720.00$ $86.25 1,552.50$ $77.00 1,386.00$ $100.00 1,800.00$ $115.00 2,070.00$ $100.00 1,800.00$ $150.00 2,700.00$ REPLACE EXISTING OBJECT MARKERS WITH OM4-1 (9- BUTTON)EA 2 $50.00 100.00$ $50.00 100.00$ $500.00 1,000.00$ $350.00 700.00$ $172.50 345.00$ $140.00 280.00$ $2,400.00 4,800.00$ $150.00 300.00$ $300.00 600.00$ $80.00 160.00$ NPDES PERMIT/COMPLIANCE LS 1 $200.00 200.00$ $100.00 100.00$ $1,000.00 1,000.00$ $400.00 400.00$ $575.00 575.00$ $570.00 570.00$ $1,500.00 1,500.00$ $2,700.00 2,700.00$ $3,500.00 3,500.00$ $5,000.00 5,000.00$ TOTAL CATEGORY I 21,764.00$ 24,891.50$ 35,230.60$ 36,931.25$ 49,720.81$ 55,766.00$ 60,435.35$ 59,467.00$ 60,114.00$ 86,792.00$ 3211 5th Ave SE ITEM DESCRIPTION UNIT QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL MOBILIZATION LS 1 $500.00 500.00$ $250.00 250.00$ $2,000.00 2,000.00$ $1,250.00 1,250.00$ $3,680.00 3,680.00$ $7,131.10 7,131.10$ $2,211.60 2,211.60$ $1,200.00 1,200.00$ $3,000.00 3,000.00$ $5,000.00 5,000.00$ MAINTENANCE OF TRAFFIC LS 1 $500.00 500.00$ $250.00 250.00$ $500.00 500.00$ $450.00 450.00$ $575.00 575.00$ $315.00 315.00$ $603.75 603.75$ $2,000.00 2,000.00$ $849.00 849.00$ $5,000.00 5,000.00$ STAKED SILT FENCE, TYPE III LF 110 $1.00 110.00$ $1.00 110.00$ $1.00 110.00$ $1.65 181.50$ $2.30 253.00$ $1.55 170.50$ $8.00 880.00$ $5.50 605.00$ $2.50 275.00$ $4.00 440.00$ DEMO EXISTING DRIVEWAY AND CULVERT PIPE LS 1 $1,200.00 1,200.00$ $500.00 500.00$ $1,000.00 1,000.00$ $1,000.00 1,000.00$ $2,127.50 2,127.50$ $1,710.00 1,710.00$ $3,581.07 3,581.07$ $4,000.00 4,000.00$ $3,600.00 3,600.00$ $6,500.00 6,500.00$ IMPORT SUITABLE FILL AS NEEDED LS 1 $800.00 800.00$ $100.00 100.00$ $11.72 11.72$ $1,500.00 1,500.00$ $1,380.00 1,380.00$ $312.00 312.00$ $1,205.82 1,205.82$ $1,200.00 1,200.00$ $2,800.00 2,800.00$ $1,500.00 1,500.00$ 6” LIMEROCK BASE SY 63 $15.00 945.00$ $8.00 504.00$ $25.00 1,575.00$ $25.00 1,575.00$ $28.75 1,811.25$ $14.30 900.90$ $51.50 3,244.50$ $30.00 1,890.00$ $45.00 2,835.00$ $55.00 3,465.00$ REINFORCED CONCRETE PAVEMENT (8" THICK, CLASS 1, 3000 PSI)SY 56 $49.00 2,744.00$ $45.00 2,520.00$ $65.00 3,640.00$ $55.00 3,080.00$ $98.33 5,506.48$ $81.50 4,564.00$ $75.00 4,200.00$ $100.00 5,600.00$ $175.00 9,800.00$ $150.00 8,400.00$ SOD SY 130 $2.00 260.00$ $1.00 130.00$ $3.00 390.00$ $4.25 552.50$ $3.45 448.50$ $2.35 305.50$ $5.00 650.00$ $8.00 1,040.00$ $3.00 390.00$ $5.00 650.00$ 24” REINFORCED CONCRETE PIPE LF 32 $55.00 1,760.00$ $55.00 1,760.00$ $55.44 1,774.08$ $70.00 2,240.00$ $86.25 2,760.00$ $94.25 3,016.00$ $80.00 2,560.00$ $95.00 3,040.00$ $85.00 2,720.00$ $100.00 3,200.00$ MITERED END SECTION EA 2 $450.00 900.00$ $600.00 1,200.00$ $1,282.00 2,564.00$ $950.00 1,900.00$ $2,127.50 4,255.00$ $1,488.00 2,976.00$ $1,200.00 2,400.00$ $2,000.00 4,000.00$ $1,650.00 3,300.00$ $1,000.00 2,000.00$ TOTAL CATEGORY II 9,719.00$ 7,324.00$ 13,564.80$ 13,729.00$ 22,796.73$ 21,401.00$ 21,536.74$ 24,575.00$ 29,569.00$ 36,155.00$ Local Vendor Preference Y Y Y Y Y Y Y Y Y N Immigration Law Affidavit Y Y Y Y Y Y Y Y Y Y Insurance Y Y N Y Y Y Y Y Y Y Statement of Experience Y Y Y Y Y Y Y Y Y Y Award will be based on total bid per each Category. Heritage Builders, LLC CATEGORY II: COLLIER COUNTY DRIVEWAY PROJECT Coastal Concrete Products, LLC dba Coastal Site Development Collier Paving and Concrete/ dba Southern Striping Solutions, LLC Infinite Contstruction, LLCBradanna, Inc.Heritage Builders, LLCMitchell & Stark Construction Company, Inc.Bonness, Inc. BID TABULATION: 16-7021 HAMMERHEAD AND DESIGNATED DRIVEWAY CONSTRUCTION Solicitations Sent to vendors: 2106 Downloaded by vendors: 74 Bids Submitted: 10 Southwest Division, Inc. Pavement Maintenance, LLC Pavement Maintenance, LLC Stage Door II, Inc. Stage Door II, Inc. Bradanna, Inc Southwest Division, Inc Bonness, Inc. Coastal Concrete Products, LLC dba Coastal Site Development Collier Paving and Concrete/ dba Southern Striping Solutions, LLC Mitchell & Stark Construction Company, Inc.Infinite Contstruction, LLC 1 of 1 Date: May 5,2017 7ef Cann*y Mmjnstalive Servi:es Departrcnt Proauremefil SeryEes Orv6roar Notice of Recommended Award Solicitation . 76-7027 Title: Hammerhead and Designated Driveway Construction Due Date and Time: 3:00 pm 4/11/17 Respondents lnfinite Construction Collier Paving and Concrete dba Southern Striping Solutions Utilized local Vendor Preference: Yes NoI Recommended Vendor(s) For Award: Cetetory I Hammerhead Projects: Bradanna, tnc., Southwest Dlvision, lnc, Mitchell & Stark Construction LLC dba CoastalSite Development, and HeritaBe Builders, LLC Recommended Vendor(s) For Award: Catetory lt Bradanna, lnc, Southwest Division, tnc., Mitchell & Stark Construction Company, lnc., Coastal Concrete Products LLC dba Coastal Site Development Procurement Strategist Procurem ent Servic et.Director: ?12------5 k4 Company Name City County State Category I Category ll Rerponaave/Responsible Bradanna, lnc Na ples Collier FL s21,764.00 59,719.00 Southwest Division,lnc Cape Coral Lee FL s24,891.s0 s7,324.00 Mitchell & Stark Con Nap les collier FL s3s,230.60 s13,s54.80 Coastal Concrete Products dba Coastal Site Development Ft. Myers Lee FL s36,931.2s s13,729.00 Heritage Builders Naples Collier FL s49,720.81 522,796.73 Eonness, lnc Naples Collier FL sss,766.00 s21,401.00 Fort Myers Lee FL s50,435.3s 521,536.7 4 Na ples (Co e FL ss9,467.00 s24,s7s.00 Pavement Maintenance Fort lvlyers Lee FL s60,114.00 s29,s69.00 Stage Door ll, lnc Apopka OranEe FL 586,792.00 i S36,1ss.00 Pro.iect Manager Date:13r t1 Edward F. Coyman Jr C Dale'. 1 ' A G R E E M E N T 16-7021. for Hammerhead and Designated Driveway Construction THIS AGREEMENT is made and entered into this day of '2017, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Coastal Concrete Products, LLC dba Coastal Site Development., authorized to do business in the State of Florida, whose business address is 7742 Alico Road, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board approval and terminating two (2) years from that date or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Notice to Proceed or as specified in a Work Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for an additional, two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for hammerheads or designated driveways on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7021 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Category I: Hammerheads Category II: Designated Driveways Bradanna, Inc. Bradanna, Inc. Southwest Division, Inc. Southwest Division, Inc. Mitchell & Stark Construction Co., Inc. Mitchell & Stark Construction Co., Inc. Coastal Concrete Products, LLC dba Coastal Site Development Coastal Concrete Products, LLC dba Coastal Site Development Heritage Builders N/A Page -1- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Develo nt. Q<�_ C 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.2 Price Quote Procedures: The Contractor will provide a price quote and project schedule for each project within ten (10) business days of receiving the information about the services from the County's Project Manager. The price quote procedure to be followed will be determined by the value of the project. Procedures for projects with a value of $250,000 or less are as follows: • Quotations shall be solicited from all of the Contractors. • Contractor shall respond with the information and/or proposal sought within ten (10) business days. • For projects over $200,000 - Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Issuance by Owner of a numbered Work Order, approval by the Division Director is required. Procedures for projects with a value of $250,000 to $750,000 are as follows: • Quotations shall be solicited from all of the Contractors. Completion time and the collection of liquidated damages may be specified in the Quotations. • Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. • Contractor(s) shall respond with the information and/or proposal sought within ten (10) business days. • Issuance by Owner of a numbered Work Order; approval is required by the Department Head, County Attorney, and Board of County Commissioners. The Project Manager will award the Work to the Contractor that submits the lowest responsive quote and the successful firm will receive a Work Order for the Work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the Procurement Ordinance, as amended and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation and pursuant to the Price Methodology in Section 3.1. Page -2- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 3.1 Price Methodology: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Coastal Concrete Products, LLC dba Coastal Site Development 7742 Alico Road Fort Myers, Florida 33912 Phone: 239-208-4079; Fax: 239-334-1399 Attn: David E. Torres, Manager Email: dtorres@coastalconcreteprod.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Board of County Commissioners for Collier County, Florida c/o Public Utilities Solid & Hazardous Waste Management Division 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Attention: Dayne Atkinson, Project Manager Email: DayneAtkinson@colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay Page -3- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform Contractor services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification Page -4- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. to the County in the event of cancellation or modification of any stipulated insurance coverage. All insurance coverages of the Contractor shall be primary to any insurance or self-insurance program carried by the County, and the "Other Insurance" provisions of any policies obtained by the Contractor shall not apply to any insurance or self-insurance program carried by the County. Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The dame Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -5- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. a 0 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on the response to the Request for Quotation wishes to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C." 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 Page -6- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. be responsible, in whole or in part, shall relieve Contractor of his 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page -7- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. �a y The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise Page -8- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. This will include any and all tests and inspections required by local, county or state permitting agencies, and those specifically required for hammerheads and designated driveways, such as, but not limited to, densities, core samples, sump tests, etc. 26. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page -9- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. r. 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a 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. 28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (4) The Warranty in the form attached as Exhibit G. Page -10- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. J ° 'a Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste Management Division. 31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB No. 16-7021, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -11- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. O�O 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 39. 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 Page -12- #16-7021 "Hammerhead and Designated Driveway Construction' Contractor: Coastal Concrete dba Coastal Site Development. 'Y� 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-FMOPSCa--)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. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 41. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department/division and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page -13- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. O IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By (Sea[) First Witness ! � A Print Name and`-ritle Second Witness Print Name and Title Approved as to Form and Legality: Assistant County Attorney BV: Penny Taylor, Chairman 3y: Signatu- Print Name and Title Page -1/4- M #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. day of , 20_, THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of under -signed representative, pursuant to authority of its governing body. Page -15- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20_, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) •Z Page -16- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by of to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) as Surety, on behalf of Surety. He/She is personally known as identification and who did (did not) take an oath. (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal S evelopment. EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 16-7021 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20with Oblige for ourselves, our heirs, day of , in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -18- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. E) This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201_, by , as of a corporation, on behalf of He/She is personally known to me OR has produced as did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -19- the corporation. identification and #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 9 r_INgZ611M Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -20- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 EXHIBIT B 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 it's 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 (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) 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. AN I116*1 17_�1�1 Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this day of 201 by , as of ,a personally known to me or has produced _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) President [Corporate Seal] corporation, on behalf of the corporation. He/she is as NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -21- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. d� 0 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 16-7021 Project No. _ Application Date Payment Application No. for Work accomplished through the Date: Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ after [insert date] $ Less previous payment (s) $ _% Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued roject ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -22- (Signature) DATE: _ (Type Name and Title) #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 EXHIBIT D CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification ❑ Amendment Contract #: Change #: = Purchase Order #:I = Project #: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Approved [:]d Date Date �ompletion Date es this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Approved by: (Design Professional and Name of Firm, if project applicable) (Procurement Professional Page -23- Date: Date: #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. O�� OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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. Page -24- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Developm The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 Page -25- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -26- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0 The warranty in Exhibit G is attached to and made a part of this Certificate: Executed by Design Professional on , 20_ Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 In CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page -27- *16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -28- #16-7021 "Hammerhead and Designated Driveway Construction" Contractor: Coastal Concrete dba Coastal Site Development. 0��