Agenda 10/28/2014 Item #11A10/28/2014 11.A.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Contract No. 14 -6343 —
Tropical Storm (TS) Debbie Naples Beach Renourishment (Sand Supply and Delivery) to supply
and deliver approximately 78,678 tons of beach quality sand as authorized by the Federal
Emergency Management Agency (FEMA) PW 0679 - Naples Beach Renourishment project to
Phillips and Jordan, Inc. for $1,823,635.56 (Project 195- 90038), authorize staff to withhold Notice -
to- Proceed issuance until the FEMA PW revision has been issued, authorize all required budget
amendments, and make a finding that this item promotes tourism.
OBJECTIVE: To provide and deliver beach quality sand for the TS Debbie - Naples Beach
Renourishment.
CONSIDERATIONS: This beach renourishment is 100% in response to damages created by
TS Debbie to the Naples beach with reimbursement of 75% of eligible federal storm expenses
and 12.5% of eligible state storm expenses.
ITB No. 14 -6343 for the supply and delivery of approximately 78,678 tons of beach quality sand
as authorized by FEMA PW 0679 was posted on August 29, 2014 with notices sent to 1,825
firms and 41 firms downloading full packages. Two responses were received on the September
15, 2014 due date. Staff evaluated the bids and determined that Phillips and Jordan, Inc. was the
lowest qualified and responsive bidder. The Board of County Commissioners local vendor
preference policy was not included in this solicitation given that grant stipulations require full
and open competition.
Phillips and Jordan, Inc. is a very experienced contractor that has successfully completed the
hauling and placement of last year's Park Shore and Naples beach renourishment. Sand for this
project will be provided by the Stewart Mine in Immokalee, Florida. The Stewart Mine has
provided the sand for all of the Collier County truck haul projects since 2010. Phillips and
Jordan has reviewed the County's schedule and is committed to work with the sand placement
contractor to renourish the Naples Beach with approximately 78,678 tons of sand. Beach
renourishment must be complete by 12/20/2014. Truck haul routes inside Lee County have
been discussed and approved by Lee County Assistant County Manager Douglas Meurer and
staff. Truck routes inside the City of Naples have been approved by the Naples City Council.
Staff recommends that ITB No. 14 -6343 be awarded to Phillips and Jordan, Inc. as the lowest,
qualified and responsive bidder. The bid tab is listed as Attachment A.
A Notice -to- Proceed (NTP) to Phillips and Jordan, Inc. will not be issued until FEMA has
updated the means and methods to PW 0679 to allow truck haul construction from an upland
sand source. This is expected to be in place by 10/28/2014. However, staff is requesting that the
BCC approve this contract but direct staff to withhold issuance until the FEMA PW revision has
been issued.
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10/28/2014 11.A.
FISCAL IMPACT: The expenditure of $1,823,635.56 for the supply and delivery of sand to
the Naples Beach Renourishment project (Project 195- 90038) was anticipated during
development of the FY 14/15 Tourist Development Tax Beach Renourishment Fund (195)
budget. A budget amendment will be necessary to move funds in the amount of $1,823,635.56
from Tourist Development Tax Fund 195, Project 80096 — Beach Analysis design into Project
90038 — TS Debbie Naples Beach PW 0679.
The cost for the entire project including the sand supply, delivery, placement, CEI and
engineering activities is currently estimated at $2,730,000. $2,500,000 was originally budgeted
for this project. Funding is available through TDC Fund 195 reserves and will reduce reserves
for future construction by approximately $230,000.
Federal Emergency Management Administration (FEMA) Disaster 4068 - PW 0679 -1 has been
authorized to provide emergency funding to repair the damages to the Naples Beach. This PW
will reimburse Collier County for 75% of eligible federal storm expenses and 12.5% of eligible
state storm expenses. It is expected that all but the 12.5% (approximately $227,955) local share
of eligible expenses will be reimbursed to Collier County TDC Fund 195.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
COMMITTEE RECOMMENDATIONS: This item will be presented to the Coastal Advisory
Committee on 10/23/2014 for a recommendation of approval and 10/27/2014 to the Tourist
Development Council for a recommendation of approval. Results of these advisory board
actions will be sent to the Board of County Commissioners after each Advisory Board meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chainnan to execute Contract No. 14 -6343 — Tropical Storn (TS) Debbie Naples Beach
Renourishment (Sand Supply and Delivery) to supply and deliver approximately 78,678 tons of
beach quality sand as authorized by FEMA PW 0679 - Naples Beach Renourishment project to
Phillips and Jordan, Inc. for $1,823,635.56 (Project 195- 90038); authorize staff to withhold
Notice -to- Proceed (NTP) issuance until the FEMA PW revision have been issued; authorize all
required budget amendments and make a finding that this item promotes tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management
Attachment A: Bid Tabulations
Attachment B: Phillips and Jordan, Inc. Contract
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10/28/2014 11.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Contract No. 14 -6343 - Tropical Storm (TS) Debbie Naples Beach Renourishment (Sand Supply
and Delivery) to supply and deliver approximately 78,678 tons of beach quality sand as
authorized by the Federal Emergency Management Agency (FEMA) PW 0679 - Naples Beach
Renourishment project to Phillips and Jordan, Inc. for $1,823,635.56 (Project 195- 90038),
authorize staff to withhold Notice -to- Proceed issuance until the FEMA PW revision has been
issued, authorize all required budget amendments, and make a finding that this item promotes
tourism.
Meeting Date: 10/28/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
10/6/2014 2:39:58 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
10/6/2014 2:39:58 PM
Approved By
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 10/7/2014 10:36:09 AM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 10/8/2014 8:29:32 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
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Date: 10/8/2014 4:40:34 PM
10/28/2014 11.A.
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 10/9/2014 3:46:15 PM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 10/9/2014 4:11:52 PM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 10/9/2014 4:17:14 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/9/2014 4:30:53 PM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC, Business Management & Budget Office
Date: 10/13/2014 4:45:53 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 1 0/16/2014 7:30:10 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 10/16/2014 10:42:51 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/20/2014 3:57:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/20/2014 5:01:36 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 10/21/2014 9:31:09 AM
Name: OchsLeo
Title: County Manager, County Managers Office
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Date: 10/21/2014 2:59:44 PM
Packet Page -359-
10/28/2014 11.A.
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10/28/2014 11.A.
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10/28/2014 11.A.
AG R E E M E N T 14-6343
For
Naples Beach Renourishment (Sand Supply and Delivery)
THIS AGREEMENT is made and entered into this day of , 2014, 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 Phillips and Jordan, Inc.,
authorized to do business in the State of Florida, whose business address is 8940 Gall Blvd,
Zephyrhills, FL 33541 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT. The Contractor shall commence the work upon issuance of a Notice to
Proceed ( "NTP "). The contract shall be for a thirty -three (33) day period, commencing on
November 10, 2014 and terminating December 13, 2014, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed or
terminated. 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 not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall supply sand and provide delivery services for the
Natural Resources Department in accordance with the terms and conditions of ITB #14 -6343 —
Naples Beach Renourishment (Sand Supply and Delivery) and the Contractor's proposal, which is
incorporated by reference and made an integral part of this Agreement.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the unit prices offered by the Contractor in his response to ITB #14 -6343 - Naples
Beach Renourishment (Sand Supply and Delivery).
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:
Phillips and Jordan, Inc.
8940 Gall Blvd
Zephyrhills, FL 33541
Telephone: 813 -783 -1132
FAX: 813- 783 -3140
Attn: Art Phelps, Asst. Vice President
All notices required or made pursuant to this Agreement t o
County shall be in writing and shall be delivered by hand,
Postal Service Department, first class mail service, postage
County's address of record:
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be given by the Contractor to the
by fax, e-mail, or by United States
prepaid, addressed to the following
10/28/2014 11.A.
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this 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 intemally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract 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. Should the Contractor be found to have failed to perform his 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:
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10/28/2014 11.A.
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 shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he 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
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.
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10/28/2014 11.A.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and /or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "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.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish 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
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10/28/2014 11.A.
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 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 itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
18. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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 at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Owner
in writing.
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.
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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, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be
resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict
shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the Contractor at Owner's discretion.
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
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.
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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.
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. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the NTP 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.
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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.
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Natural Resources Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract 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. 14 -6343,
Exhibit "A" Public Payment Bond and Public Performance Bond, Exhibit "B" Release and
Affidavit Form, Exhibit "C" Form of Contract Application for Payment, Exhibit "D" Supplemental
Terms and Conditions, Addenda, and any Quotation(s), made or issued pursuant to this
Agreement.
31. 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.
32. 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.
33. 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.
34. 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.
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35. 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.
36. 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 contract to other governmental entities at the discretion of the
successful proposer.
37. 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.
38. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide 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.
39. 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 parry fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
40. 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
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department and /or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and /or Safety Engineer.
* * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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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
0
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
(9'�))
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Phillips and Jordan, Inc.
Contractor
By:
Signature
Print Name and Title
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oda
EXHIBIT A
PUBLIC PAYMENT BOND
10/28/2014 11.A.
Bond No.
Contract No. 14 -6343
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
($ 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
body. 20 , the name of under - signed representative, pursuant to authority of its governing
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Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: —
Name:
Its:
10/28/2014 11.A.
The foregoing instrument was acknowledged before me this of 20_, by
,as of .a
corporation, on behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
KV
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00-1;:)
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
10/28/2014 11.A.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as
of Surety, on behalf of Surety. He /She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(AFFIX OFFICIAL SEAL) (Legibly Printed)
Notary Public, State of
Commission No.:
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r
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
10/28/2014 11.A.
Bond No.
Contract No. 14 -6343
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.
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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 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)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by _
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
(AFFIX OFFICIAL SEAL)
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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.
BY:
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 as
identification and did (did not) take an oath.
My Commission Expires:
NAME:
(Signature of Notary)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 14 -6343
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER) Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
Payment Application No.
for Work accomplished through the Date:
(Contractor's Address)
(Project
RE:
Name)
Original Contract Time:
Original Contract Amount:
Total Change Orders to Date
$
$
Revised Contract Time:
Revised Contract Amount
$
Total value of Work Completed
Retainage @ 10% thru[insert date]
$
$
and stored to Date
Less previous payment (s)
$
$
Retainage @ _% after [insert date]
Percent Work completed to Date:
%
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION:
$
Liquidated Damages to be Accrued
$
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: (Signature) DATE:
(Type Name and Title)
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Exhibit D — Supplemental Terms and Conditions
(following this page)
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EXHIBIT "13" Supplemental Terms and Conditions
Contract 14 -6343
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Provisions
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to
modify the general conditions and other specifications. In cases of disagreement with any other section of
this contract, the Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be forwarded to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department
as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Administrative, Contractual, or Legal Remedies
Unless otherwise provided in this contract, all claims, counter - claims, disputes and other matters
in question between the local government and the contractor, arising out of or relating to this contract,
or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of
competent jurisdiction.
Termination for Cause and for Convenience
This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating
party, provided that no termination may be effected unless the other party is given:
a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
b) An opportunity for consultation with the terminating party prior to termination.
This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in I (a) above. If termination for default is effected by the local government, an equitable
adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit
on unperformed services or other work, and any payment due to the contractor at the time of termination
may be adjusted to cover any additional costs to the local government because of the contractor's
default.
If termination for convenience is effected by the local government, the equitable adjustment shall include
a reasonable profit for services or other work performed for which profit has not already been included in
an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Provisions
services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
• promptly discontinue all affected work (unless the notice directs otherwise) and
• deliver or otherwise make available to the local government all data, drawings, reports
specifications, summaries and other such information, as may have been accumulated by the
contractor in performing this contract, whether completed or in process.
Compliance with Executive Order 11246 of September 24, 1966, entitled "Equal Employment
Opportunity," as amended by Executive Order 11376 of October 13, 1967, and as supplemented in
Department of Labor regulations
During the performance of this contract, the contractor agrees as follows:
• The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, creed, color, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
• The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
• The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall
post copies of the notice in conspicuous places available to employees and applicants for
employment.
• The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
• The contractor will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
• In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
• Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Provisions
The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as the contracting agency may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however, That in the event the
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States."
Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.
The Contractor agrees it will require that mechanics and laborers (including watchmen and guards)
employed on this federally assisted contract be paid wages of not less than one and one -half times their
basic wage rates for all hours worked in excess of forty hours in a work week.
Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.
The Contractor agrees it will require that covered employees be paid at least the minimum prescribed wage,
and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of
the prescribed work -week.
Copeland "Anti- Kickback" Act (U.S.C. Section 61)
The Contractor agrees to comply with the Anti - Kickback Act of 1968 which outlaws and prescribes penalties
for "kickbacks" of wages in federally financed or assisted construction activities.
Reporting
The contractor will provide any information required to comply with the grantor agency requirements and
regulations pertaining to reporting.
Patents and Data
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall
possess all rights to invention or discovery, as well as rights in data which may arise as a result of the
contractor's services.
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EXHIBIT l: SUPPLEMENTAL TERMS AND CONDITIONS
Access to Records FEMA 97.036 Provisions
i'
i
The local government, the Florida Department of Emergency Management, the Federal grantor agency, the
Comptroller General of the United States, and any of their duly authorized representatives, shall have
access to any books, documents, papers, and records of the contractor which are directly pertinent to
this contract for the purpose of making audit, examination, excerpts, and transcriptions.
Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local government
makes final payment and all other pending matters are closed.
Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations
Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the
Contractor or recipient to comply with all applicable standards, orders, or requirements issued under Section
112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and
61). Violations shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
Energy Efficiency Standards
The contractor shall comply with any mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
Debarment and Suspension (Executive Orders 12549 and 12689)
Contract awards that exceed the small purchase threshold and certain other contract awards shall not be
made to parties listed on the nonprocurement portion of the General Services Administration's List of
parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549
and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended,
or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall
provide the required certification regarding its exclusion status and that of its principals. Vendors submitting
proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded
from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48
CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and
debarment. Contractor's debarment and suspension status will be validated at the System for Award
Management at www.sam.gov and the State of Florida at
http: / /dms.myfiorida.com/ business /operations /state /purchasing/ vendor information.
03/04/2013- (2)
4
Packet Page -384- owe
10/28/2014 11.A.
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Provisions
If appropriate to the project, the Contractor will provide assurances regarding the following:
■ It will establish safeguards to prohibit discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101 -6107) which prohibits discrimination on
the basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973.
■ It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes.
• It will comply with the Rehabilitation Act of 1973, Section 504,29U.S.C.794, regarding non-
discrimination.
■ It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform
Federal Accessibility Standards," (AS) which is Appendix A to 41 Q@ Section 101 -19.6 for
general type buildings and Appendix A to 24 ZM Part 40 for residential structures. The
Subgrantee will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor.
■ It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
0 1683 and 1685 - 1686), which prohibits discrimination on the basis of sex.
■ It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521 - 45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism.
■ It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and
■ 290 ee -3) as amended, that relate to confidentiality of alcohol and drug abuse patient records.
■ It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures.
■ It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C. 6201 - 6422), and
the provisions of the state Energy Conservation Plan adopted pursuant thereto.
■ It will comply with environmental standards which may be prescribed pursuant to the National
■ Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347.
■ It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.
■ It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974 (42 U.S.C. 300f -300j) regarding the protection of underground water
sources.
• It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642.
• It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419 -7626.
It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 -1544.
■ It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -763.
■ It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to
protecting components or potential components of the national wild and scenic rivers system.
• It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice).
■ It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510.
■ It will assure project consistency with the approved state program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451 -1464.
■ It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666.
03(04/2013 -(2)
5
Packet Page -385-
10/28/2014 11.A.
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Certifications and Forms
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered
Transactions
2. General Grant Clauses
3. Disclosure of Lobbying Activities
4. Conflict of Interest Affidavit
5. Anticipated DBE or M/WBE Participation Statement
6. Construction Contractors Bid Opportunity List
03/04!2013- (2)
6
Packet Page -386- `)-
10/28/2014 11.A.
nni I IFt2 r` -MINTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a. three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three -year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Art Phelps
Name
Asst. Vice President
Title
Phillips and Jordan, Inc.
Firm
8940 Gall Blvd.
Street Address
Zephyrhills FL 33541
City, State Zip
Signature
Naples Beach Renourishment (Sand Supply & Delivery)
Project Name
14 -6343
Project Number
56- 0694573
Tax ID Number
00 -384 -5336
DUNS Number
Packet Page -387-
9.15.2014
Date
03/0412013- (2)
7
,. 1
10/28/2014 11.A.
Collier County
Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: if the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor Is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
The recipient shall document in the quarterly report the subcontractor's progress in performing its work
under this agreement. For each subcontract, the Recipient shall provide a written statement to the
Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor /Contractor Name
Authorized Signature
Address 8940 Gall Blvd.
Zephyrhills, FL 33541
Inc.
Solicitation Naples Beach Renourishment (Sand Supply & Delivery)
Packet Page -388-
Date 9.15.2014
Contract # 14 -6343
10/1/2012 Revision 2
8
10/28/2014 11.A.
COLLIER COUNTY
CERTIFICATION REGARDING LOBBYING
The undersigned Phillips and Jordan, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid. or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts
to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions (as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph
(2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.104 -65, to be codified at
2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the.required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such expenditure or failure.]
The Vendor /Contractor, phillips and Jordan, Inc , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
U- Signature of Vendor /Contractor's Authorized Official
Art Phelps, Asst. Vice President Name and Title of Vendor /Contractor's Authorized Official
9.15.2014 Date
03/0412013- (2)
9
Packet Page -389- 0
10/28/2014 11.A.
CONFLICT OF INTEREST CERTIFICATION
14 -6343
Collier County Solicitation No.
I, Phillips and Jordan, Inc. , hereby certify that to the best of my
knowledge, neither I nor my spouse, dependent child, general partner, or any organization for
which I am serving as an officer, director, trustee, general partner or employee, or any person or
organization with whom I am negotiating or have an arrangement concerning prospective
employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests
of any member of my household. Also, to the best of my knowledge, no member of my
household; no relative with whom I have a close relationship; no one with whom my spouse,
parent or dependent child has or seeks employment; and no organization with which I am
seeking a business relationship nor which I now serve actively or have served within the last
year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal
interest as described above that would be affected by the matter, and to disclose any interest 1,
or anyone noted above, has in any person or organization that does become involved in, or is
affected at a later date by, the conduct of this matter.
Art Phel
Name
Asst. Vice President 9.15.2014
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of this information. The primary use of the information on this form is for review by
officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and
regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law
enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or
regulations; (2) to a court or party in a court or federal administrative proceeding If the government is a party or in
order to comply with a, judge- issued subpoena; (3) to a source when necessary to obtain information relevant to a
conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General
Services Administration in records management inspections; (5) to the Office of Management and Budget during
legislative coordination on private relief legislation; and (6) In response to a request for discovery or for the
appearance of a witness in a judicial or administrative proceeding, If the information is relevant to the subject matter.
This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the
OGE /GOVT 2 executive branch -wide Privacy Act system of records.
tar.
Packet Page -390 -
10/28/2014 11.A.
IS THE PRIME A FLORIDA - CERTIFIED DISADVANTAGED,
15 THE ACTIVITY OF THIS CONTRACT,..
MINOR17Y OR WOMEN BUSINESS ENTERPRISE?
DBE? Y
IY
CONSTRUCTION? Y N
(DBE/MBE/WB.E) OR HAVE A SMALL DISADVANTAGED
MBE? Y
N
CONSULTATION? Y 11
BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS
ADMINISTRATION?
8E7 Y
N
OTHER? Y N
SDB BA? Y
N
IS THIS SUBMISSION A REVISION?j Y M f IF YES, REVISION NUMBER
DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB /SUPPLIER PERCENT OF CONTRACT
NAME SPECIALTY Isee Below DOLLAR AMOUNT DOLLARS
DBE M/WBE None
DBE M/WBE
DBE M/WBE
DBE M /WBE
DBE M/WBE
DBE M /WBE
TITLE
Art Phel s 9.1 5.2014 Asst. Vice President
EMAIL ADDRESS OF PRIME (SUBMITMR) TELEPHONE NUMBER FAX NUMBER
flestimate @pandj.com 813.783.1132 1 813.7833140
NOTE: This information is used to track and report anticipated DBE or MBE participation In federally - funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
DEPARTMENT
COLDER CONTRACT # IIFB /RFP or
ACCEPTED BY: I DATE l
Packet Page -391-
I1
1
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
1. Federal Tax ID Number. None 6. ❑ DBE
2. Firm Name: ❑ Non -DBE
3. Phone:
4. Address:
7. ❑ Subcontractor
❑
Subconsultant
5. Year Firm Established:
1.
Federal Tax ID Number.
2..
Firm Name:
3.
Phone:
4.
Address:
5. Year Firm Established:
1. Federal Tax 1D Number.
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number.
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
10/28/2014 11.A.
8.
:Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $6 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8,
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
1. Federal Tax ID Number:
6. ❑ DBE
S.
Annual Gross Receipts
2. Firm Name:
❑ Non -DBE
❑
Less than $1 million
3. Phone:
❑
Between $1 - $5 million
4. Address:
❑
Between $5 - $10 million
7. ❑ Subcontractor
❑
Between $10 - $15 million
❑ Subconsultant
❑
More than $15 million
5. Year Firm Established:
12
l1
Packet Page -392- �, ,
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
1. Federal Tax 10 Number: None 6. ❑ DBE
2. Firm Name: ❑ Non -DBE
3. Phone:
4. Address:
5. Year Firm Established:
7. ❑ Subcontractor
❑ Subconsultant
10/28/2014 11.A
8,
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
1. Federal Tax ID Number.
6. ❑ DBE
8.
Annual Gross Receipts
2. Firm Name:
❑ Non -DBE
❑
Less than $1 million
3. Phone:
Between $10 - $15 million
❑
Between $1 - $5 million
4. Address:
❑
Between $5 - $10 million
7. ❑ Subcontractor
❑
Between $10 - $15 million
❑ Subconsultant
❑
More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number.
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
5, Year Firm Established:
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
r
7. ❑ Subcontractor
❑ Subconsultant
Packet Page -393-
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
13
10/28/2014 11.A.
W MIN
GRANT FUNDED
INVITATION TO BID
Date: 08/2912014
From: Adam Northrup, Procurement Strategist
(239) 252 -6098, Telephone Number
(239) 252 -6302, FAX
Adamnorthrup @colliergov.net, Email Address
To: Prospective Vendors
Subject: Solicitation: 14 -6343 Naples Beach Renourishment (Sand Supply and
Delivery)
As requested by the Natural Resources Department, the Collier County Board of County
Commissioners Purchasing Department 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 Purchasing
Department Online Bidding System website: www.collieroov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County's competitive procurement process.
cc: Gary McAlpin, Natural Resources
a� PPF
%dm r9 Dwahw • 3327 Tamiard Trail East • Naplas, Fork 341124901 • www co1wgov,wpurchasrQ
#14 -6343
Naples Beach Renourishment (Sand
1
Supply and Delivery)
Packet Page - 394 -
0
10/28/2014 11.A.
Invitation to Bid
Index
#14 -6343 `
Naples Beach Renourishment (Sand
Supply and Delivery)
Packet Page -395-
PUBLICNOTICE ........................................................................................................................ ..............................3
EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ................................. ..............................4
EXHIBIT I.A: GRANTING AGENCY REQUIREMENTS .................................................................... ..............................7
EXHIBIT11: GENERAL BID INSTRUCTIONS .................................................................................. ..............................8
EXHIBIT 111: STANDARD PURCHASE ORDER TERMS AND CONDITIONS ..................................... .............................13
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS .......................................................... .............................16
ATTACHMENT 1: VENDOR'S NON- RESPONSE STATEMENT ...................................................... .............................23
ATTACHMENT2: VENDOR'S CHECK LIST .................................................................................. .............................24
ATTACHMENT3: VENDOR RESPONSE FORM ........................................................................... .............................25
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ........................................... .............................27
28
ATTACHMENT 5: VENDOR SUBSTITUTE W — 9 ....................................................................... ...............................
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS ............................................... .............................29
#14 -6343 `
Naples Beach Renourishment (Sand
Supply and Delivery)
Packet Page -395-
10/28/2014 11.A.
Public Notice
Sealed bid responses for Solicitation 13 -6343 — Naples Beach Renourishment (Sand
Supply and Delivery), will be received electronically only at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 p.m. Collier County
local time on Monday September 16. 2014. ITB responses received after the stated time and
date will not be accepted.
Solicitation 13 -6343 — Naples Beach Renourishment (Sand Supply and Delivery)
® No pre -bid conference will be held for this solicitation
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliemov.neVbid. 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 forms included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing Online Bidding System may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
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/ Joanne - Markiewicz
Joanne Markiewicz
Director, Procurement Services
Publicly posted on the Collier County Purchasing Department website:
www.collier-gov.net/purchasin-q and in the lobby of the Purchasing Building on 08129/2014.
#14 -6343
Naples Beach Renourishment (Sand
Supply and Delivery)
Packet Page -396- CI
10/28/2014 11.A.
Exhibit I: Scope of Work. Specifications and Response Format
As requested by the Collier County Natural Resources Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners purchasing ordinance.
Brief Description of Purchase
Supply and Delivery of sand, from an approved upland sand source, for the Naples Beach
Renourishment Project. Please note this is for supply and delivery of sand only.
Background
The nourishment project will be constructed using an upland sand source. The project has three
approved upland sand sources: Immokalee (Stewart), Witherspoon (Vulcan), and Lake Wales
(Cemex), but not limited, to these three mines as long as it meets FDEP QA/QC qualifications. It
is assumed that the sand will have no greater than a 6% moisture content, leading to a
relationship of 1.5 tons /cy for sand delivery from the pit. Any truck that is loaded with a moisture
content greater that 6 %, the tonnage and payment will be adjust accordingly.
The total volume of material is 52,452 cubic yards (78,678 tons) of beach quality sand.
Detailed Scope of Work
See Exhibit V — Technical Specifications 14 -6343
Sand Sources
See Exhibit VI — Standard Details (Sand source) 14 -6343
Delivery Routes
See Exhibit VI I — Truck Routes 14 -6343
Permits
See Exhibit VIII — FDEP & USACE Permits 14 -6343
Award 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.
#14 -6343
Naples Beach Renourishment (Sand
Supply and Delivery)
Packet Page -397- t?�
10/28/2014 11.A.
• 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
reflect the proper response.
• The County's Purchasing Department 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) in
accordance with the following methodology:
On Attachment 7 — Bid Schedule, input unit pricing for lines 1 — 5, as demonstrated below in
yellow.
PLEAS "i�OTE.! TABt EHS
Date
Issue Solicitation Notice
WT
Last Date for Receipt of Written Questions
z
t
Solicitation Deadline Date and Time
WaR �' rr
Anticipated Evaluation of Submittals
1
Provide sand
Ton
78,678
$0.00
2
Transport sand
Ton
78,678
$0.00
3
Sediment QA/QC Testing
Lump Sum
1
$0.00
4
Maintenance of Traffic
Lump Sum
1
$0.00
Project Management/Truck
5
Tracking
Lump Sum
1
$0.00
6 J
BID TOTAL
Sn nn
The unit pricing will be multiplied by the requested quantities on each line to yield each
individual line's subtotal. The Subtotals from lines 1 — 5 will be added together to yield line 6
BID TOTAL. Report line 6 BID TOTAL on Attachment 3: Bid Response Form.
Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a single awardee.
The contract will be in the form of a Collier County short form construction contract.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for current needs only. Surcharges
will not be accepted in conjunction with this contract, and such charges should be incorporated
into the pricing structure.
Projected Solicitation Timetable
Event
Date
Issue Solicitation Notice
08/29/2014
Last Date for Receipt of Written Questions
09/10/2014, 3:OOPM
Solicitation Deadline Date and Time
09/15/2014, 3:OOPM
Anticipated Evaluation of Submittals
Week of 09/15/2014
Anticipated Completion of Contract Negotiations
Week of 09/22/2014
Anticipated Board of County Commissioner's Contract
Approval Date
10114/2014
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Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Response Form
• Attachment 4: Immigration Law Affidavit Certification
• Attachment 5: Vendor Substitute W — 9
• Attachment 6: Insurance and Bonding Requirements
• Attachment 7: Bid Schedule
• E -Verify company profile page or memorandum of understanding
• Excluded Parties List System Documentation located at: www.sam.aov, and select
SEARCH.
• Exhibit I — Supplemental Terms and Conditions
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Exhibit is Granting Agency Requirements
See file titled Exhibit I — Supplemental Terms and Conditions
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (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 specifications stated and /or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor".
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
2, 3, 4, 6, 6, and 7 of this ITB. No bid will be considered unless the Bid form is 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 specked 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 for 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.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, 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 the Bid. These samples must be submitted to the County during the bid evaluation period.
The County shall be sole judge of equality or similarity, and its decision shall be final in the best
interest.
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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 shall be interpreted as the Vendors intent to fully comply with the
specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of
bid response.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications 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
Purchasing Department Online Bidding System website: www.collieroov.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
The County preferred method of bid submittal is electronic.
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System website: www.collieraov.net/bid.
If you are unable to submit via the Online Bidding System, all paper bids shall be submitted to the
County Procurement Director, Collier County Government Complex, Purchasing Building "G ",
Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no
responsibility for bid responses received after the due date and time, or at any office or location
other than that specified herein, whether due to mail delays, courier mistakes, mishandling,
inclement weather or any other reason. Late bid responses shall be returned unopened, and shall
not be considered for award. Vendors must submit one (1) Paper copy clearly labeled
"Master," and one (1) compact disks (CD's /DVD's) with a coPV of the vendor's Proposal on
each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box
or envelope.
All bids sent by courier service must have the bid number and title on the outside of the courier
packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,
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
Purchasing Department Internet website: www.collieraov.net/bid. Questions will not be answered
after the date noted on the ITS.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public Notice.
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 purchasing 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 rejected 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. Lobbying
All firms 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 final Board
approval, no firm or its agent shall contact any other employee of Collier County with the exception
of the Purchasing Department.
13. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1601)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.om /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response shall
be required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to
award to another firm.
14. General Information
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When 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.
15. Bid Award 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 purchasing ordinance. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on the
Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County
Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and 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 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.
16. Grant Funded Purchases
Vendors submitting proposals for this purchase must validate that they are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O.
12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement
suspension and debarment. Information for the former "Excluded Parties List System" may be
found at the System for Award Management (SAM) website at www.sam.gov, and select
SEARCH. This is a free web -site which consolidates Federal procurement systems and the Catalog
of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been migrated
into SAM.
a. American Recovery and Reinvestment Act of 2009 Special Terms and Conditions: The American
Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances
in science and health, invest in transportation, environmental protection, and other infrastructure
that will provide long -term economic benefits, stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and counterproductive State and local
tax increases.
i. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register
with Central Contractor Registration database (CCR). CCR registration can be completed
at http: / /www.ccr.gov. CCR registration must be completed before the first quarterly Section
1512 report is due.
ii. Reporting: Section 1512 provides for federal reporting on projects funded by the American
Recovery and Reinvestment Act of 2009 (ARRA), requires vendors contractors to report
their Dun and Bradstreet number (DUNS). Vendors who do not know their DUNS number
may receive more information through www.dnb.com and select "D & B D -U -N -S Number."
A DUNS number request takes approximately 30 days to receive and there is no cost.
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Vendors will need this number if they are awarded a project with ARRA funds by Collier
County. If a project is grant funded, and to satisfy the grant reprinting requirements, the
County may require additional reporting information from the vendor (i.e. job reports, etc.).
iii. Buy American: Section 1605(a) of the Recovery Act directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used
for the construction, alteration or repair of a public building or public work unless all the iron,
steel and manufactured goods used are produced in the United States. The law covers
Recovery Act - funded federal contracts as well as Recovery Act - funded state and local
public works projects.
iv. Davis Bacon: Section 1606 of the Recovery act directs that projects awarded as a result of
this contract may be subject to federal grant requirements involving prevailing wages as
described in the US Department of Labor's site http://WWW.Qr)o.gov/davisbaconffi.htmi.
V. Waste Disposal: The County may request the assistance of the awarded supplier to assist
with developing a disposal plan for sanitary or hazardous waste generated by a specific
project.
c. Davis Bacon: Projects awarded as a result of this contract may be subject to federal grant
requirements involving prevailing wages as described in the US Department of Labor's site
httr):/twww.apo-oov/davisbaconffl.html.
d. Department of Transportation Disadvantaged Business Enterprise (DBE) program is intended to
ensure nondiscrimination in the award and administration of DOT - assisted contracts in the
Department's highway, transit, airport, and highway safety financial assistance programs.
Projects awarded as a result of this contract may be subject to federal grant requirements under
the DBE program. Additional information may be found at:
http://www.dotcr.ost.dot.-gov/asr)/dbe.asp.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2. Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and/or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order.
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and /or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and /or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3. Inspection
shipment made under this Purchase Order
All goods and /or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
To the extent that a purchase order requires a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase
Commissioners Purchasing Policy.
Order if goods and /or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non - conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY.
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4. Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and /or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
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 limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
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claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage 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 performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'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 may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material 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 terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
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origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
without exception or stipulation 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. Failure by the awarded firms) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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conditions of this Purchase Order, provided that
COUNTY 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 by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any 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 by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the purchasing ordinance.
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 conflict 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. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 20% or more of the solicitation amount for said work.
5. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not
performed in accordance with 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.
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
successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors 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. 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 firewall penetrations must be
protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
8. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
9. 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 otherwise objectionable and
whose continued employment on Collier County projects is not in the best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform 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
work 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 (formerly known as Occupational Licenses) should be directed
to the Tax Collector's Office at (239) 252 -2477.
11. 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
performance 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.
12. 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
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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 specked
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.
13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 216,
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: bccapclerk0collierclerk.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 for 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 must be submitted within the
fiscal year the work was performed. (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 for 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,
18
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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 for 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 for
work not performed or for unsatisfactory performance of Contractual requirements.
14. Survivability
Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase Order that
extends beyond the expiration date of Solicitation 14 -6343 — Naples Beach Renourishment (Supply and
Delivery) resultant of this solicitation will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of any Work Order /Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
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.
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
Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility
for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility.
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Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 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 after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
16. Immigration Law 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 verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor
does not comply with providinca both the acceptable E- Verify evidence and the executed affidavit
the bidder's / vendor's proposal may be deemed non - responsive.
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Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases
not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: htto: / /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 sea. 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.
17. Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing 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.
18. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, 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 Purchasing Departments 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.
19. Debris
Vendor shall be responsible for 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.
20. 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"
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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
21. 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 foundations shall be subject to the compliance and
reporting requirements of the granting agency.
22. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform the
required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each.
Hourly rates will commence once equipment arrives at the service site.
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. The
County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold
payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a
complete unit.
All equipment must be new and of current manufacture in production at the time of bid opening, and
carry 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.
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Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department 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 or mail
to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 14 -6343 — Naples Beach Renourishment (Sand Supply and Delivery)
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient 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:
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Attachment 2: Vendor's Check List
IMPORTANT: RTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
Indicated and return with bid.
Vendor should check off each of the following 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. All granting agency requirements have been met including submittal of required forms.
6. Any required drawings, grant forms, descriptive literature, etc. have been included.
7. Any delivery information required is included.
8. If reguired, the amount of bid bond has been checked, and the bid bond or cashiers check has been
included.
9. Addendum have been signed and included, if applicable.
10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parses List System at:
www.sam.aov.
11. immigration Affidavit and a copy of the company's E- Verify profile page or memorandum of
understanding.
12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
13. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 14 -6343 — Naples Beach Renourishment (Sand Supply and Delivery)
• Opening Date: 08/1512014, 3:OOPM
11. The bid will be mailed or delivered in time to be received no later than the specified opening date and
time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE RID NUMBER AND TITLE ON THE OUTSIDE OF
THE COURIER PACKET.
#14 -6343
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Phillies and lor0e4, Inc.
Co ny V, 10
Sig ora & Title
9.152014
Date
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Attachment 3: Vendor Response Form
FROM: Phillips and Jordan, Inc
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 146343 – Naples Beach Renourishment (Sand Supply and Delivery)
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 faith,
without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase
order or formal contract, to comply with the requirements in full in acxordance with the terms, conditions and
specifications denoted herein, according to the following unit prices:
Item #
Description
Total
6
BID TOTAL
$ 1,823,635S6
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.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract,
if required, and present the formal contract to the County Procurement Director for approval within fifteen
(15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 15th day of September ,
2014 in the County of Pasco , in the State of FL
Firm's Complete Legal Name
Phillips and Jordan, Inc.
Firm's Dun and Bradstreet
00-3845336
Number (DUNS)
(Found at www.dnb.com)
CCR # or CAGE Code
00 3845336
(Found at www.cer.flovl
Florida Certificate of Authority
832152
Document Number
(httpJ/www.sunbiz.org
Federal Tax Identification
56- 0694573
Number
Address
8940 Gall Blvd
City, State, Zip
ZephYrhills, Ft. 33541
Telephone Number
813.783.1132
FAX Number
813.783.3140
Check one of the following:
❑ Sole Proprietorship
® Corp or P.A. State of North Carolina
❑ Limited artnership
MGenet# Partnership
71k k" 4",-
Signature /Tide
Type Name of Signature
Art Phelps -
Date
9.152014
Additional Contact Information
Send Payments To: (REQUIRED ONLY N different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Attachment 4: immigration Law Affidavit Certification
Solicitation # and Title : 14-6343 — Naples Beach Renourishment (Sand Supply and Delivery)
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, 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 oonsista of a copy of the properiy completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
Include thlm Af RdsvN a"fd
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name Phillips and Jordan, Inc.
Print Name Phelps
Signature LIX-i-I
State of Florida
County of Pasco
Title Asst. Vice President
Date 9.151014
The foregoing instrument was signed and acknowledged before me this 1 Stab day of September
20 141 by
Art Phelps who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
N blic Signature
Printed Name of Notary Public
Notary
KAYLA SOOEN
Notary PUMIC - std# of Rod"
My Comm. Espirea Nov 13, 2011
Comrtdadon * EE 219110
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Attachment 5: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
I. General Information (provide all information)
Taxpayer Name Phillips an n, rnc.
(as shown on income tax return)
Business Name
(ff ditrent from taxpayer name)
Address 10201 Parkside Drive Suite 200 City, Knoxville
State TN Zip 37922
Telephone 813.783.1132 FAX X13.783 -4140 Email fiestimate@pandl.com
Order Information
Address 8940 Gail Blvd.
City Zeohyrhills State FL _ Zip 33547 _
FAX 813.783.3140
Email flestimateaDandi.com
2. Company Status (check only one)
Remit / Payment Information
Address 8940 Gall Blvd
City ZeDhyrhilis State F! zip 33541
FAX 813.7833140
Email _fiestimatesnandi.com
_Individual / Sole Proprietor Corporation —_Partnership
Tax Exempt (Federal income tax - exempt entity _ United Uabiityr Company
under Intemal Revenue Service guidelines iRC
501 (c) 3) Enter the tax elasel ication
C = Pomorafion, P = Partrwsh
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) 56-0694573
(Vendors who do not have a TIN will be required tD provide a social $am* number prior 10 an award of the contract.)
4. Sign and Date Form
Certification nder Ates of perjury, t certify that the information shown on Sys form is correct to my knowledge.
Signature Date 9.15.2014
Title Asst Vice President Phone Number 813.783.1132
#14 -6343
Maples Beach Renourishment (Sand 29
Supply and Derrvery)
Packet Page -422-
10/28/2014 11.A.
Attachment 6: Insurance and Bonding Requirements
Insurance / Bond Type
1. ® Worker's
Required Llmft
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$1.000.000 single limit per occurrence
3. ® Commercial General
Bodily injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Properly Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor/
Consultant shall indemnify and hold harmless Collier County, its officers, and
employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attomeys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor /Consultant or anyone employed or utilized
by the ContractorNendor /Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ® Automobile Liability $1 .000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworkees Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
#146343 30
Naples Beach Renourishment (Sand
Supply and Delivery)
1
Packet Page - 423 - �,'
7. ® Performance and
Payment Bonds
❑ Project Professional Liability
❑ Valuable Papers Insurance
10/28/2014 11.A.
3 Per Occurrence
Per Occurrence
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Cleric, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner, provided, however, the surety shall be rated as "A -' or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he
is required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED' on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissionersovernment, OR Collier County.
, OR,
Board of County Commissioners in Collier County, OR Collier County G
The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm Milos and
Vendor Signature
Print Name Art Phelps
Insurance Agency Scott Insurance
Date 9.152014
Agent Name Angie Simmons Telephone Number 865.684.1793
#14 -6343
Naples Beach Renourishment (Sand
Supply and Delivery)
31
Packet Page -424- `� ;
10/28/2014 11.A.
ATTACHMENT 7: BID SCHEDULE
Naples Beach Renourishment (Supply and Delivery)
Bid No. 14 -6343
Packet Page -425- ( S)
Provide sand
Ton
78,678
$10.45
$822,185.10
1
2 ITransport
sand
Ton
78,578
$10.91
$858,376.98
3
Sediment QA/QC Testing
Lump Sum
1
$29,094.43
$29,094.43
4
Maintenance of Traffic
Lump Sum
1
$70,741;.031
$70,741.03
5
Project Management/Truck Trackin
Lum Sum
1
$43 238.02
$43,238.02
$1,823,635.56
6
BID TOTAL
Packet Page -425- ( S)
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TN
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37922
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KNOX
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Total Number of Employees:
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Organization Designation:
Employer Category: Federal Contractor wdh FAR E- Verity Clause
Federal Contractor Category: State or Local Government
Employees being verified: Entire workforce (alt new hires ano all existing emNov— trr; y,p .• ,i- ;.,, ,,,..
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NAICS Code: 237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION
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Packet Page -426- __
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399 -0783
SHOTWELL, LAWRENCE BRADLEY
PHILLIPS AND JORDAN INC
2220 OLDFIELD DRIVE
ORLANDO FL 32837
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque restaurants,
and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to
serve you better. For information about our services, please log onto
www.myfloridalicense.com. There you can find more information
about our divisions and the regulations that impact you, subscribe
to department newsletters and learn more about the Department's
initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly.
We constantly strive to serve you better so that you can serve your
customers. Thank you for doing business in Florida,
and congratulations on your new License!
DETACH HERE
RICK SCOTT, GOVERNOR
10/28/2014 11.A.
(850) 487 -1396
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESS) 1FOG, ULATION
CGCO48742 y. r Ulk'Z6/29/2014
CERTIFIED GEty CbR
SHOTWELL,
PHILLIPS AND -
IS CERTIFIED under the provisions of Ch 489 FS
ErprYmndra . AUG31. 2016 0408290W1574
KEN LAWSON. SECRETARY
STATE OF FLORIDA -
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CGC048742
rho GENERAL CONTRACTOR
Named below IS CERTIFIED
Under.the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2016
SHOTWELL, LAWRENCE BRAD66Y
PHILLIPSA�tD•J A
222a.0(.DI=IELQ1
ORLANDO
� 4
icalu =n nanennte nvgPl A— LAW SEO# L1406290001574 � ?
Packet Page -427-
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Packet Page -428-'
10/28/2014 11.A.
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Phillips and Jordan, Incorporated
8940 Gall Blvd., Zephyrhilis, FL 33541
as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company
175 Berkeley Street Boston MA 02116
a corporation duty organized under the laws of the State of
MA
as Surety, hereinafter called the Surety, are held and timnly bound unto Cotner County Govemment Purchasing Department
3327 Tamiami Trail E, Naples, FL 34112
as Obligee, hereinafter called the Obligee, In the sum of Five Percent of Amount Bid
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, frrlNy by these presents.
WHEREAS, the Principal has submitted a bid for Naples Beach Renourishment (Sand Supply and Delivery)
NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or In the evert of the failure of the Principal to enter
such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may to good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 15th day of September 0 2014
Mutual Insurance
)n' )71
1912
ALA DOCUMENT A310 • BID BOND • AIA • FURUARY 1970 ED. 0 THE AMERICAN
INSTITUTE OF ARCIIITECTS,1735 N.Y. AM N.W.. WASHINGTON, D.C. 20006
FL Resident Agent
Packet Page -429-
10/28/2014 11.A.
This Power of Attorney limits the acb of those named herein, and they have no authority to bind the Company except b the manner and to the extent he stated Not
van- for mortgage, note, loan, letter of credit, bank deposit, curreana:y rate, interval rate or residual value guarantaec To confirm the validity of ft Power of Attorney Cali
610 631.6240 between 9d10 am and 4:30 Pm EST on any business day.
American Fire and Casualty Company Liberty MUW Insurance Company
The Ohio Casualty insurance Company West Arnelcan Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casusty hanancs Company are Corporations duty organized under the laws
Of the Stale of New Hampshire, that Liberty Mutual
to laws of the Company le a corporation duty ogenizad under the law Of the Stab a MUNChUm b, and Wear American insnsance
Company Is a corporation duly a�a��d sander to laws a the Stale a irdens ftwain oolactivey ratted the'ComPaniea1. ptesuant to and by authority herein Set forth. does hereby
name, constitute and Catherine L. McMillan
oft 'sure bid noxvllle state a Its true and lawful attaneyan4act, with full power and anatmo ft Iareby Wnterred to sign, execute and acknowledge One
xm9 ty
Principal Name: Phillips and Jordan, Incorporated
Obligee Nam: Collier County Govemment Purchasing Department
Surety Bond Number: Bid Bond Bond Amount See Bond Fern
IN WITNESS WHEREOF, Oda Power of Attorney has been suthsabed by an authorized ofkoer or dkW of the Companies and the corporate Seats a the Compadas have been aRboed
thereto this 166 day of November. 2013.
t. 0 CASG'! �,�LINSUgry y ,ter INSV IN American Fire and Casualty Company
The Ohio Casualty Insurance Company
1906 0 t 912 ° = 1919 ° ° arty Mutual Insuwance Company
d 9 0 y 1991 Wes n Insurance Company
* f 8r
David , U.-Carey. Assisbnt Secretary
STATE OF PENNSYLVANIA as
COUNTY OF MONTGOMERY
On this 186 day of Novembe 2Q1 3 bebm no personally appeared David M. Carey. who acknowledged himself b be to Assistant Secretary of American Fie and Casualty Company,
Liberty ua It�re� may, The Ohio Casualty Company, and West American bmsxw= Oorltpamy, and that he, as such, being autnorimd so to do, execute the btegdrg
purposes therein contained by signing on behan of the corporations by himself as a duty authorized of er.
IN WITNESS WHEREOF, I have hereunto subsanbed my name and affixed my raterW seal at PVwA Meeting. PetnWiarda, on to day and year first above maroon.
SN PAST
N�aroaw� F!! COMMONWEALTH OF PENNSYLVANIA
r� °� _ >• Notarial SW
OF Terass Pa"Ia, Notary Public By
Pnymoutr, Tw,p., Mauoomery County Teresa Pastetla, Clary Public
7 .G My Cwm*sion Expires Marc, 29.2017
This Power a e and executed Mwlbw AOOC�an a Notwin
This Power r odf Company, Lfoeny Mutual Inexecute P�>�t b and by euhhoty of one following By4ews ad hAwcalios a American Fee and Casualty Company, The ONO Casualty
Company, and West American Insurance Company which reaolutons are now In full force and oiled rearing as blows:
ARTICLE N - OFFICERS - Section 12. Power Of Attorney. Arty olNow or other official of to Corporation a*alzed for that purpose In writing by the Chairmen or the President and
subject
eat backwwoledgeeaatdn as a�� any and President all rsderfaky prescribe, anal a izanc (such trlwnaye Mr4sG as may be necessary b ad h behalf of ifine Corpomlbtn b make, execute,
respective Idngs, bonds. ramgrntrarhafs and otner surely obligations. Such ammeys- jq-bct, subject to the limitations set torlh in it heir
powers a attorney, shall have flan power b bbd the Corporation by their sbrmgas and execution of any such I sl urternts and b attach thereto 6ne esd of the CM=tbn.
When so execrrted, such Instruments shall be as btrding as If signed by One President and attested b by the Secretary. Any power or authority grand d to any representartm or attorney.
induct under the provisions of this article may be revoked at any time by the Board, the Chairman, time President or by the officer or offim granting such power or a***.
ARTICLE )ill - Execution Of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the
execute, subject acknowledge b dam t may prescribe, shall appoint such atlomays4Wad, as may be necessary to as to behalf a the Company io
forth in their respective powers of attorney. shelf have hat power to� bonds. y � other surety abegatbrs Such a9orrmeya gmdact aubjec! to the lit 1tadons set
Company. When so executed such instruments shall be as binding as If y tsk exeaAbn a any such InstrunenIs and to attach thereto the sal of the
rig by txwident ad aussted by t s secretary.
Ctr�act trey be necessary to The Pre dent of uta the , acting pursuant to On Byllaws a the Company, aallhortrae David M. Carey, Assistant Secretary to appoint such attorneys
suety obligations. CarperrY b make, execute, seal, acknowledge and delver as surety any and all uardertakings, bonds. mcogntzances and other
Authorization - By utani m cus consent of the CompanYs Board of Directors, t» Company consenb that facsimile or meduaricany, reproduced signature of any assistant secretary of
the Company, wherever appearing upon a certified copy of any power of atiomey Issued by the Company in connection with suety bonds, shall be valid and biding upon the Company
with the sane force and effect as though manually affixed.
1, Gregory W. Davenport, the undersigned Assistant Secretary, of American Fie and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company do hereby certify that to original power of atiortney of which the foregai g Is a fhA, true and correct copy of the Power of Attorney
executed by said Companies, is it fun force and etiect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto act my hand and affixed the seals of said CompaYes this 15th day of September 2814
P�rOD C-4s *�1NSu J *ytI INS& �a INS
V U/ptA'
By1906 o 2 1919 -C 1412 1991 s
go W. Dvenrt d Assistant Secretary
�Yb, HAMP�'I �)�S,{ACM15F` �? �.C�HA►Ar-r t2 3 /NOIANA <2
f
Packet Page -430- i