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Agenda 03/13/2012 Item #11A
3/13/2012 Item 11.,x. EXECUTIVE SUMMARY Recommendation to award Contract 912 -5801R for the construction of the Collier Area Transit Intermodal Transfer station at the Government Center, to Manhattan Construction (Florida), Inc., in the amount of $3,844,449. OBJECTIVE: To enter into a contract with Manhattan Construction (Florida), Inc., for construction services for the completion of a permanent transfer station at the Collier County Government Center. CONSIDERATIONS: On August 1, 2007, CAT moved the passenger transfer activities from the Lorenzo Walker Institute of Technology ( "LWIT ") campus to a parking lot in the Collier County Government Center campus next to the Museum, after being asked to relocate by LWIT due to its future campus expansion plans. At the time the transfer activities were relocated to this location it was understood that the location was temporary, until a location could be found to construct permanent on site facilities. On April 8, 2008, the Board of County Commissioners (BCC) approved a resolution designating a 1.2 acre parcel of land, within the Collier County Government Center campus, for the construction of the primary intermodal transit passenger transfer facility. Upon designation of this site for the transfer facility, the BCC identified the completion of the transfer facility as a task on the County Manager's Action Plan. In May 2009, Collier County was awarded an Intermodal Grant in the amount of $1,300,000 and entered into an agreement with the Florida Department of Transportation (FDOT) to commit the match for this grant, which was comprised of $1,019,000 in land value and $281,000 of in kind (staff) services. The Intermodal Grant did not allow sufficient funding for construction. Staff pursued and was awarded a Transportation Regional Incentive Program (TRIP) grant to fund construction. On July 26, 2011, the BCC entered into an agreement to receive TRIP funds in the amount of $1,400,000 and to provide the required 50% match of $1,400,000. The decision to enter into the TRIP agreement was made after staff presented an evaluation of alternative sites that was conducted based on guidance from the Metropolitan Planning Organization (MPO) Board. The BCC directed the County Manager to split the project into two parts, bidding the base facility (ground floor) as the primary project and the second floor addition as an alternate that would be constructed only if the bids received are favorable and the Board authorizes its inclusion in the construction contract. The modifications to the design for the project were completed, in response to Board direction. The Purchasing Department advertised the solicitation on October 22, 2011, and received bids on November 28, 2011. Subsequently, during review, staff determined that the lowest bidder was not responsive and that vendor withdrew its bid. Other bidders were contacted and it was discovered that there were some discrepancies in the plans and specifications that needed to be clarified. The solicitation was rejected by the Board on December 13, 2011. The solicitation was re- issued on December 19, 2011 and opened on January 20, 2012. Over 1200 notices were sent and 107 packages were downloaded and eight (8) bidders submitted prices as follows: Packet Page -668- 3/13/2012 Item 11.A. *Green Highlight = Lowest Bid A formal protest was submitted by Manhattan Construction pursuant to the Board's purchasing policy (XIX: Protest of Bid or Proposal Award) regarding bidding irregularities by Lodge Construction. After review of the arguments and facts presented, the Purchasing Director determined that Lodge obtained a significantly lower price for the canopy work after the bidding period bad closed., and gained an unfair advantage in the bid award competition. Therefore, the protest by Manhattan Construction was upheld, and staff were authorized to proceed with the bid award recommenclation to the lowest responsive bidder to Manhattan Construction (Florida), Inc. FISCAL IMPACT: Funding is available in the CAT Enhancement Fund (426) within Project No. 33037, the CAT Grant Funds (424 and 425), within Project 33166, and Gas Tax Fund (313), within Project 35016. The source of funding is FDOT grants and Gas Tax, land, and in -kind services. The above project is expected to be completed by the terms of the grant contract expiration of December 2013. When the project is completed, the operating budget impact is reflected in the table below. At this time, these costs are not eligible grant expenditures and are covered by the annual support of Gas Tax. Elements FY 2014* FY 2015* FY 2016* Lodge FY 2018* Owen - $0 $0 $0 $0 Gates J L Wallace onstructio isqualifi Manhattan Ames- West Wright Construction Capital Outlay $0 $0 $0 $0 Construction Kimball Construction Group $68,550 $68,550 $68,550 Minus Cost Savings (Tents and Portable toilets) ($16,375) ($16,375) Company ($16,375) ($16,375) Base $4,136,389 $3,964,80 $4,077,000 $3, 7,475 $0 $4,131,073 $4,345,891 $4,129,676 Alt 1 $1,134,804 $1,101,718 $1,039,744 $1 1,974 $1,039,541 $1,156,957 $1,116,324 $1,253,866 Subtotal $5,271,193 $5,066,298 $5,116,744 $ ,75 ,449 $4,883,989 $5,288,030 $5,462,215 $5,383,542 Deduct 1 $13,250 $15,900 $19,589 $5, 15 $21,371 $13,250 $22,236 $5,198 Deduct 2 $20,512 $16,300 $16,300 $4,4 $13,222 $20,512 $4,818 $4,628 TOTAL $5,237,431 $5,034,098 $5,080,855 $4,749,588 $4,849,396 1 $5,254,268 $5,435,161 $5,373,715 *Green Highlight = Lowest Bid A formal protest was submitted by Manhattan Construction pursuant to the Board's purchasing policy (XIX: Protest of Bid or Proposal Award) regarding bidding irregularities by Lodge Construction. After review of the arguments and facts presented, the Purchasing Director determined that Lodge obtained a significantly lower price for the canopy work after the bidding period bad closed., and gained an unfair advantage in the bid award competition. Therefore, the protest by Manhattan Construction was upheld, and staff were authorized to proceed with the bid award recommenclation to the lowest responsive bidder to Manhattan Construction (Florida), Inc. FISCAL IMPACT: Funding is available in the CAT Enhancement Fund (426) within Project No. 33037, the CAT Grant Funds (424 and 425), within Project 33166, and Gas Tax Fund (313), within Project 35016. The source of funding is FDOT grants and Gas Tax, land, and in -kind services. The above project is expected to be completed by the terms of the grant contract expiration of December 2013. When the project is completed, the operating budget impact is reflected in the table below. At this time, these costs are not eligible grant expenditures and are covered by the annual support of Gas Tax. Elements FY 2014* FY 2015* FY 2016* FY 2017 * FY 2018* Personnel Costs ** $0 $0 $0 $0 $0 Operating and Maintenance $68,550 $68,550 $68,550 $68,550 $68,550 Capital Outlay $0 $0 $0 $0 $0 Total Operating Costs $68,550 $68,550 $68,550 $68,550 $68,550 Minus Cost Savings (Tents and Portable toilets) ($16,375) ($16,375) ($16,375) ($16,375) ($16,375) Minus New Revenues $0 $0 $0 $0 $0 Net Operating; Effect $52,175 $52,175 $52,175 $52,175 $52,175 New Personnel (FTE) $0 $0 $0 $0 $0 This reflects an estimate of the additional funds needed in the annual operating budget for each fiscal year. Costs are recurring. Packet Page -669- 3/13/2012 Item 11.A. ** Staffing is provided by the transit vendor. The net operating and maintenance cost is $52,175. In addition, based on a life expectancy of 30 years, the annualized replacement cost is approximately $56,233. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) approves award of Contract # 12 -5801 R to Manhattan Construction (Florida), Inc. and (2) authorizes the chair to sign the attached contract after final review by the County Attorney. Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Department. Attachments: (1) Bid Tabulation Form; (2) Protest Filed by Manhattan Construction, (3) Response to Protest by Purchasing Director, and (4) Contract Packet Page -670- 3/13/2012 Item 11.A. COLLIER COUNTY Board of County Commissioners Item Number: 11.A. Item Summary: Recommendation to award Contract #12 -5801R for the construction of the Collier Area Transit Intermodal Transfer station at the Government Center, to Manhattan Construction (Florida), Inc., in the amount of $3,844,449. Meeting Date: 3/13/2012 Prepared By Name: OteroBrandy Title: Project Manager, Associate,Transportation Engineer 1/25/2012 1:35:391'M Submitted by Title: Project Manager, Associate,Transportation Engineer Name: OteroBrandy 1/25/2012 1 :35:41 PM Approved By Name: CarterGlama Title: Manager - Public Transit,Alternative Transportation Modes Date: 1/27/2012 2:10:03 PM Name: SotoCaroline Title: ManagementBudget Analyst,Transportation Administr Date: 1/27/2012 3:53:22 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 1/27/2012 3:55:48 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes, Alternative Tr Date: 1/27/2012 4:00:15 PM Packet Page -671- Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 1/27/2012 4:41:57 PM Name: OberrathKaren Date: 1/31/2012 3:42:45 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 1/31/2012 9:30:24 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/1/2012 10:13:46 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/1/2012 3:01:50 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/1/2012 3:11:10 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 2/1/2012 3:28:43 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 2/3/2012 3:26:24 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/6/2012 3:24:17 PM Name: FinnEd Date: 2/6/2012 5:35:24 PM Name: OchsLeo Title: County Manager Date: 2/7/2012 2:28:39 PM Packet Page -672- 3/13/2012 Item 11.A. 0 � A 9 j o m m m 5 r a a AM 0 u C 3 e11 Y O O m O z O O O F � a z e 8 8 0 a g 8 8 a S8 8 �8 88 8 0 8 A 8 8 8 °g Q8Q S QSQ 8 8 S 8 8 ; °o S a ? c z 0 z z 00 z 0 00 z 0 zz== 0000 m y 3 c v° > > Q 1 g a o d 0 u 8 8 3 8 8 8 8 8 8 8 SS 8 8 8 8 8 8 8 8 8 880 88 8 2 z - o S z z z z z z z z z z a u m o 0 m ° a s o z i 5 5 c z - O F o o 0 r 55 0❑ r 0❑❑ m O o r a IS < c 8 ° n S S i O u 3 „p ^o ° ❑ ❑ n8 ❑ ❑ ❑ ❑ ,. ., g cs w 14 C; 14 a g °5 m d � � r H o c a ° ❑ z A "• .n a� Y LL LLLL LL LL LL u ¢LLLLLL 3 o N °❑ u r d n a 0 0 0 0 ° 0 0 0 0 0 0 - °u i i i F °o 0 -° o n° S us 5 SS 3=8555 C O � z z _ z z z z z= z z 0 z 0 - z o z o z o z o Y c °�° z z _ 0 z 0 z 0 0 z „, z 0 z z d 6 z z 0 -> 0 -> 0 0 0 0 0 0 0 8 ol 61 8 S s 8 z omo 8 aa 88Q 8 8 8 8 8 > > > > v o > o > S Q8Q > o > S c ci 0 5❑ 0 a= a zcaI °czzc c o S o o c sz z L � o c o _ v o - 0 _ o _ q a�❑a � F a~❑ u a~ �a a a m m m m aJ u° m m m a a m m a m m ❑ a s °aw a 8 ❑ ❑ ❑ ❑ zm a ❑❑ ❑❑ a a 8 8 8 8 8 S S o g n n in n ° 0 z -°+ u -.. � A 9 j o m m m 5 r a a AM 0 u C 3 e11 Y O O m O z O O O F � a z e 8 8 0 a g 8 8 a S8 8 �8 88 8 0 W A. 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FDOT Joint Participation Agreement (JPA) Project No: 420353- 1 -94 -01 CFSA No. 55.026 /Contract APF60 Collier Area Transit (CAT) Intermodal Transfer Station COLLIER COUNTY BID NO. 12-5801R COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 Design Professional: Atkins Global Pwdkm0gDep&vient• 3327 Tarr Trail East • Naples, Fiohda 35112-4901 • www.colliergov.nettpurchasing Packet Page -675- F Addendum 5 Date: January 13, 2012 3/13/2012 Item 11.A. Email: brendabrilhart @colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697. From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #5 for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: CHANGE: • The Questions and Answers will be re- opened on www.colliergov.net/bid on January 16, 2012 until 5:00 pm. • The due date has been extended until 2:30 pm on January 20, 2012. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Packet Page -676- � • 4 Addendum 4 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252 -6697 Date: January 13, 2012 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #4 for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: ADD: • Line item allowances for Furniture have been modified. Revised Bid Schedule attached. • Division I specifications attached. CHANGE: • Isolatek SprayFilm WB5 is an acceptable equal to Carboline Fire Film 3 for intumescent mastic fireproofing. • After further review as a substitute for Membrane Air Barrier, PROSOCO' R -Guard will be an acceptable substitute at time of bidding. • Bidders should supply bid numbers as specified. Bidders are encouraged to submit proposals for additional substitute products on a separate piece of paper and submit with bid package. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Packet Page -677- F -- Addendum 3 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252-6697 Date: January 12, 2012 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #3 for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: ADD: • Revised Bid Schedule The addendum #3 bid schedule must be submitted to be considered for award. Line item allowances for Signage, Furniture and CAT ICON have been added. Owner Contingency has been deleted. • Scope Matrix • Intrumescent Mastic Fireproofing: WR Grace is having temporary supply issues; Carboline fire film 3 can be substituted. www.carboline.com • Membrane Air Barrier: PROSOCO' R -Guard will not be an acceptable substitute at time of bidding — a bidder may submit a proposal for substituent this product on a separate piece of paper and submit with bid package. REMOVE: • The Owner Contingency Allowance under Bid Allowances is to be struck from the Bid — delete note from page G -002 under Bid Allowances: OWNER GONTINGENGY Ai i OWANG& BIDDERS SHOULD D INN i DE $200,000 Ai i O ANNE IN BASE BID AS OWNER GONTINGENGY. CORRECTION: Sheet G -002 project clarification #59, Value Engineering; Bidders may offer alte ;ate to substitute the custom sunscreen shown around ADD Alternate No. 1, CAT Offices addition with a sunscreen system integral to and by the same manufacturer as the adjacent perimeter curtain wall below. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Enc: 2 Packet Page -678- M ❑ z 0 ❑ a ... Iv� I� I� Ivi, I.. IV-, IAA I� I " ]An 1.^ Ion 14h-' 1'4 Iv* I+^ I"l, Iv� 3/13/2012 Item 11.A. © ©© � � w v Z F L C d0 r• E z- m cc N C }",: F C im LU H OZ! U `� 30 e K ;: Cl w F- Z d LU Cr d C M W Z Cn 0 w n Ov o : chi : ° ' 0 �- 0 0 0 v F �'r 3 z N Z', • z O z O z O z O CL a ❑ s v' ` > > > > W ❑ 7 h '4 '!'f. l7 Z N a+- ro_f- Z Z Z Z .Z�;t W a o z Cf Z In w LU ?! W } J y N w H w l7 Z 01 a U' > J Q l�S C D ti•• + Ln U N u N l) N ' U III Z 1pl��� m Z �Lni Cr W 1' U Z O Q ❑ G z = Q d N Z VI m G O .v 0 LL LL. 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Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: CHANGE Specification Section 230900, Instrumentation and Control for HVAC, Paragraph 2.7 Controls Network: System Integration to read: "The building automation system shall be Johnson Control Metasys and the interface to Metasys must be via BACnet." If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Packet Page -681- 3/13/2012 Item 11.A. c - I'll Adniinisb*oe SeNices l on brendabrilhart@colliergov.net Purchasing Telephone: (239) 252 -8446 FAX: (239) 252 -6697 Addendum 1 Date: December 20, 2011 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following clarification is made to the above mentioned Collier County solicitation: A DVD with the specifications, drawings, bid schedule and reference documents may be picked up from the Collier County Government Purchasing Office located at 3327 Tamiami Trail East, Naples, FL 34112. A combination of all of the files were too large to post on the eProcurement site. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Packet Page -682- 3/13/2012 Item 11.A. TABLE OF CONTENTS PUBLICNOTICE ............................................................................................................. ..............................3 PART B - INSTRUCTIONS TO BIDDERS ...................................................................... ..............................5 CONSTRUCTIONBID ................................................................................................... .............................12 BIDSCHEDULE ............................................................................................................. .............................13 MATERIAL MANUFACTURERS ................................................................................... .............................14 LIST OF MAJOR SUBCONTRACTORS ....................................................................... .............................15 STATEMENT OF EXPERIENCE OF BIDDER .............................................................. .............................16 TRENCHSAFETY ACT ................................................................................................. .............................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION ..................................................... .............................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ......................................... .............................19 BIDBOND ...................................................................................................................... .............................23 BIDDERSCHECK LIST ................................................................................................. .............................24 CONSTRUCTIONAGREEMENT .................................................................................. .............................25 EXHIBITA 1: PUBLIC PAYMENT BOND ..................................................................... .............................32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND .......................................................... .............................35 EXHIBIT B: INSURANCE REQUIREMENTS ................................................................ .............................38 INSURANCE AND BONDING REQUIREMENTS ......................................................... .............................40 EXHIBIT C: RELEASE AND AFFIDAVIT FORM .......................................................... .............................42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ......................... .............................43 EXHIBITE: CHANGE ORDER ...................................................................................... .............................47 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................................. .............................49 EXHIBIT G: FINAL PAYMENT CHECKLIST ................................................................ .............................51 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................................... .............................52 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................... .............................82 EXHIBIT J: TECHNICAL SPECIFICATIONS ................................................................ .............................83 EXHIBITK: PERMITS .................................................................................................... .............................84 EXHIBITL: STANDARD DETAILS ............................................................................... .............................85 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................................... .............................86 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT .. .............................87 2 Packet Page -683- 3/13/2012 Item 11.A. 1 9-1 4 4 PUBLIC NOTICE INVITATION TO BID Collier Area Transit (CAT) Intermodal Transfer Station COUNTY BID NO. 12 -5801R Separate sealed bids for the construction of Collier Area Transit (CAT) Intermodal Transfer Station, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 18th day of January 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be. accepted and shall be returned unopened to the Bidder. A pre -bid conference will not be held for tis solicitation. Questions may be posted on www.colliergov.net/bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Bid No. 12-5801R and Bid Date of January 18, 2012. No bid shall be considered unless it is made on a Collier Area Transit (CAT) Intermodal Transfer Station unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be - retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions " of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Packet Page -684- 3 3/13/2012 Item 11.A. Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within five hundred and twenty (520) calendar days from and after the Commencement Date specified in the Notice to Proceed. If the Alternative is not selected, the Successful Bidder shall be required to finally complete all Work within four hundred and eighty (480) calendar days from and after the Commencement Date specified in the Notice to Proceed. All work must be completed no later than 12/31/2013 grant funding expires. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 19th day of December 2011. L- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /s/ Stephen Y Carnell C.P.M. Purchasing and General Services Director Packet Page -685- 3/13/2012 Item 11.A. PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director,. as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at anytime by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 13 — 24 as bound in these Bidding Documents, insurance and granting agency requirements). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail., the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Packet Page -686- 3/13/2012 Item 11.A. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (1.20) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Signing of Bids 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. Packet Page -687- 6 3/13/2012 Item 11.A. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the County's On Line Bidding System at http: //bid.colliergov.net/bid /, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be issued on the County's On Line Bidding System at http: / /bid.colliergov.nevbid/ no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; Packet Page -688- 7 3/13/2012 Item 11.A. b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to aH Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing Packet Page -689- 3/13/2012 Item 11.A. for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement Specialist of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov_net/index.aspx ?page =762. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (FS 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional Packet Page -690- 3/13/2012 Item 11.A. cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Packet Page -691- 10 3/13/2012 Item 11.A. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a proiect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 18. Single Bid Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - contractor to any other firm submitting under the same ITB. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - contractor to any other firm or firms submitting under the same ITB. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. Packet Page -692- �� 3/13/2012 Item 11.A. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier Area Transit (CAT) Intermodal Transfer Station BID NO. 12 -5801 R Full Name of Bidder Manhattan Construction (Florida). Inc. Main Business Address 3520 Kraft Road, Naples, FL 34105 Place of Business Same as above Telephone No. 239 -643 -6000 Fax No.239- 643 -0090 State Contractor's License #CGC1518151 State of Florida Certificate of Authority Document Number 450600 Federal Tax Identification Number 59- 1530885 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 Packet Page -693- a a z W 0 O M V -W N to M M 1� �O o al N N N a Q Q d7 �O 8 N lD N �.�' N N 8 V O Ol 0 N M In r O 0 � m C .ti a o Qf f� O vi ao u of 00 0+ q is v m v o m .-i o O 00 m z .ti .ti ry G}, 0 N M O M m Lo W M 0 S �. 1 uii i C O Pr' � M O h � 2 w �" ' ii',, O C L„1 Z A = 0C O w d o°o N C `m.' m hs �' -m:• Z wt w ar O Y' •_ z o w a r Ov 2 w a O =C�l: U V Z Q W W C7 w u o a o z v d z G o W w N O N O M O CD O 0 O O a O O C O Z Z Z Z z z Z Z Z '. Z Z 2 Z Z Z Z Z O O O O O O O O O _ �.. O O O .., O O O O V1 D V1 Vf LA N_ N_ in VQ Vf V1 N_ � VI V1 Vl N O O O O O a O O D W Vf a W Vf a W V1 a W N a W N a W tt2/� a W tt2/� a W W ::..4.: in 10 cc w 03 W Co Co Co O N N M t7 �!1 lO I-, 00 01 M OC, ti H •N-1 H N ell N ti o r m f a Packet Page -694- 3/13/2012 Item 11.A. pN� N 10 W w N M O m Go 17i �/I 17i i H N 00 m rI M O N N U In O c c a IN H Z w w W � W � u�i U C 001M10ININININ N H A Z a 0 a Vf C r N C O N r N C N � r � N m r d Q d v 0 v 0 c m m a Packet Page -695- 3/13/2012 Item 11.A. 8 a `t a o u a ti Y O C n v �a N W G C Y � d a ° P � E a � D O u a a e 0 o C a ° d e a N W 0 y G � O 1 � V C u O � G � Y v « ° d Y � Y u N G Y4 0 c u o �n G N ry o2i C p ° a • C E � a c � N o, a 0 u W Na u °I ° cc u 3 o $ o 0 ° m � u d c v $ 01 �a Q o _ a O a � G a u « a d a a c a e m � q d _7 y « V « Y .G, v O � � 3 � 5 o e o N � N u n v a E a m � m 3/13/2012 Item 11.A. 0 tc n Builciing zvicelletice. CAT fntermodal Transfer Station at Collier County Government Center List of Voluntary Alternates Voluntary Alternates: 1. Provide 20 Gal Round Cambridge Trash Receptacle w. Dome Top Lid & Powder Coat Finish in lieu of specified Trash Receptacle. Deduct ($3,600) 2. Provide 20 Gal Round Cambridge Recycling Receptacle w. dome Top Lid & Powder Coat Finish in lieu of specified Recycling Receptacle. 3. Provide alternate "As Equal" light fixture package. Deduct ($3,400) . Deduct ($30,000- $50,000) 4. Provide alternate walkway cover structure by alternative manufacturer (if approved). Deduct ($250,000 - $300,000) Packet Page -696- 3/13/2012 Item 11.A. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. - 3. 4. 5. Please insert additional pages as necessary. 14 Packet Page -697- 3/13/2012 Item 11.A. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (a$ defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. of 2. 3. 4. 4 Major Category of Work Concrete Architectural Canopy Site Electrical Acoustical Ceilings Subcontractor and Address SW Construction, 212 Wallace Ave, Lehigh Acres, FL 33971 Dittmer, 1006 Shepard Road, Winter Springs, FL 32708 Bonness, 1990 Seward Ave, Naples, FL 34104 Beaumont, 4584 Mercantile Ave., Suite E, Naples, FL 34104 Acousti, 3610 Work Drive, Fort Myers, FL 33916 is Packet Page -698- 3/13/2012 Item 11.A. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. is Packet Page -699- Proiect and Location Reference 1. Sarasota County West Jail Sally Gene Hetman, Architectural Review Port & Booking, Sarasota, FL Coordinator, (941) 650 -2233 2. Downtown Fort Myers Streetscape Saeed Kazemi, P.E. Public Works & Utilities Improvements - Ft. Director (239) 321 -7216 Myers, FL 3. Collier County Emergency Hank Jones, Senior Project Operations Center - Naples, FL Manager (239) 252 -8380 4. Immokalee Technical Center - Marc Rouleau, P.E., Executive Immokalee, FL Director of Facilities Management (239) 377 -0630 5. Collier County Government Center Skip Camp, Director Facilities Annex Parking Garage, Florida Management, (239) 252 -8380 6. East County Courthouse - Plant Denise Vasquez, Sr. Procurement City, Plant City, Florida Analyst (813) 301 -7097 is Packet Page -699- 3/13/2012 Item 11.A. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below. Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F,SY) Simple Slope LF 80ft $2.00 $160.00 1. 2. 3. 4. 5. TOTAL $ 160.00 Failure to complete the above may result in the Bid being declared non - responsive. 17 Packet Page -700- 3/13/2012 Item 11.A. Im Immigration Law Affidavit Certification ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station 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, 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/biddees 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. Failure to 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 Bidder's proposal Company Name Manhattan Construction (Florida) Inc Print Name Peter Tufto Title VP South FL Area Manaoer Signature Date 01/20/2012 State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 20th day of January 2012• by Peter T_uffo who has produced (Personally Known to Mel as identification. nt or Type N r�er ) (Type of Identification and Number) Notvdy Public Signature L-& Ire C Z 4_ . Printed Name of Notary Public Notary Commission Number/Expiration 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: __ 18 Construction Services Agreement Revised 6/1/2011 Packet Page -701- Company ID Number: 3/13/2012 Item 11.A. IL n kiffia f _ 273120 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Manhattan Construction (Florida) , Inc . (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E -Verify program is found in Title IV, Subtitle A. of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, 'Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE If FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131 E- Verify MOU for Employer I Revision Date x9/01/09 www.dhs.gov /E- Verify Packet Page -702- 3/13/2012 Item 11.A. !E-f Veri a Company ID Number: 273120 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify Web browser, instructional materials on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration- Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database: 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. Page 2 of 131 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov1E Verify Packet Page -703- 3/13/2012 Item 11.A. LLE- Verify Company ID Number: 2 7312 0 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconflrmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 -464 -4218. - If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of Page 3 of 131 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov1E- Verify Packet Page -704- 3/13/2012 Item 11.A. E- Verify Company ID Number: 273120 photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1 -9 has been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual, or in the case of Federal contractors with the FAR E -Verify clause, the E -Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E -Verify system for any purpose other than as Page 4 of 131 E- Verify MOU for Employer I Revision Date 0@!01109 www.dhs.gov/F--Verify Packet Page -705- 3/13/2012 Item 11.A. dxt,i Ver' <„ R Company ID Number: 27:3120 authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirrnations, including notifying employees in private of the finding and providing them written notice of the findings, providing written ►eferrat instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DNS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to worts) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or -a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1- 800 - 255 -8155 or 1 -800- 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any Individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti- discrimination provision, it should contact OSC at 1- 800 - 255 -8155 or 1 -800- 237 -2515 (TDD). Page 5 of 131 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verffy Packet Page -706- - 3/13/2012 Item 11.A. =Veri t V w iff Company ID Number. 273120 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which It receives from SSA is govemed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FAR E- Verify clause agree to become familiar with and comply with the most recent versions of the E- Verify User Manual for Federal Contractors and the E -Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for Federal contractors with the FAR E- Verify clause. c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll as a Federal contractor with the FAR E- Verify clause in E -Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated Page 6 of 131 E -V" MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page -707- 3/13/2012 Item 11.A. Veri Company ID Number. 273120 within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal contractor with the FAR E -Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contract, whichever date Is later. d. Employers that are already enrolled in E- Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E -Verify for 90 days or more at the time of a contract award must use E -Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E -Verify as other than a Federal contractor with the FAR E -Verify clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of, the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E -Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E -Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E -Verify clause may, however, elect to verify all new hires, and /or all existing employees hired after !November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E- Verity clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E -Verify verification of all existing employees within 180 days after the election. g. Form 1 -9 procedures' for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new Forms 1 -9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E- Verify clause may also update previously completed Forms 1 -9 to initiate E -Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (induding the SSN), complies with Article II.C.5, the employee's work authorization has Page 7 of 131 E- Verify MOU for Employer I Revision Date 49/01/09 www.dhs.gov /E- Verify Packet Page -708- 3/13/2012 Item 11.A. — C �E- Verify SM V. Company ID Number. 273120 not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen), If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to -date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5; subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E -Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmaton issued by SSA, the Employer must print the notice as directed by the E -Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system- generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the Page 8 of 131 E- Verify MOU for Employer I Revision Dale 09/01 /09 www.dhs.gov/E-Verify Packet Page -709- 3/13/2012 Item 11.A. *1 �E-Veri Company ID Number: 273120 referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document ` for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non- match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E- Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 131 E- Verify MOU for Empbyer I Revision Date 09/01/09 www.dhs.gov/E-Verffy Packet Page -710- 3/13/2012 Item 11.A. Company ID Number: 273120 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual, the E -Verify User Manual for Federal Contractors or the E -Verify Supplemental Guide for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E -Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E -Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FARE Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Page 10 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/F--Veft Packet Page -711- -Veri Company ID Number: 273120 3/13/2012 Item 11.A. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888- 464 -4218. ;r-'P1 )"Manhattan Construction (Florida), Inc. Name (Please Type or Print) ills Peter Tuffo ill VP South FL Area Mana er s gignahx' ate 01/20/2012 NP.artrnent3rR"o'Om'eIand Security - Verification Divisionry m Name (Please TvDe or Print) I Mlle w w d Page 11 of 13 1 E -Verify MOU for Employer I Revision Date OW1(()9 www.dhs.gov/E-Vedfy Packet Page -712- 3/13/2012 Item 11.A. E-Verd Company ID Number: 273120 Information Required for the E- Verify Program relating to your Coman-,.�..._ _,.Compan Name Manhattan Construction (Florida), Inc. ;.ompanvFacWtvAddress 3520 Kraft Road, Naples, FL 34105 Company Alternate County or Parish: Collier Employer Identification Number. 59- 1530885 9 North American Industry Classification Systems Code: Jackie Proffitt 113 (Manhattan Construction (FL) Page 12 of 131 E- Verify MOU for Employer I Revision Date 09101109 Packet Page -713- www.dhs.gov/F--Veft loww Aftw 3/13/2012 Item 11.A. -Verify r Company ID Number: 273120 Informatioa relating to the Program Administrator(s) for your Company on policy questions or operational problems: Jackie Proffitt Name9 ....... ..r - - Telephone Numbers ( 918) 878-3302 _ Fax Numbers i 3/13/2012 Item 11.A. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is .appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages -at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The Successful Bidder shall be required to finally complete all Work within five hundred and twenty (520) calendar days from and after the Commencement Date specified in the Notice to Proceed. If the Alternative is not selected, the Successful Bidder shall be required to finally complete all Work within four hundred and eighty (480) calendar days from and after the Commencement Date specified in the Notice to Proceed. All work must be completed no later than 12/31/2013 grant funding expires. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and ninety (490) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, if alternate selected, the Bidder shall be required to substantially completed all work within four hundred and fifty (450) consecutive days. Respectfuliv Submitted: State of Florida County of Collier Peter Tuffo , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Peter Tuffo also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. zo Packet Page -715- 3/13/2012 Item 11.A. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of Manhattan Construction (Florida), Inc., and the full names of its officers are as follows: President Kevin P. Moore Secretary William Dean Treasurer Angela Shepard Manager. Peter Tuffo The VP South Florida Area Manaaer is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken N/A , (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is. 21 Packet Page -716- 3/13/2012 Item 11.A. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 01 /20/2012 Witness Witness STATE OF Florida COUNTY OF Collier Manhattan Construction (Florida). Inc. Legal entity BY: Manhattan Construction Florida Inc. Name of der (Typed) iignatur The foregoing instrument was acknowledged befo Peter Tuffo , as VP South Florida Area Manager Florida corporation, on behalf of the corporation. produced and did (did not) take an oath. My Commission Expires: S 1i712e i y✓ (AFFIX OFFICIAL SEAL) Cmirissim # DD 9W7 May 17, 2014 Bwidrd'ILu T�gfinYavaxad063�7,i9 VP South Florida Area Manager Title e me this 20th day of Janua , 2012, by of Manhattan Construction (Florida). Inc., a He /she is personally known to me or has as identification (SigrAture of Notary) NAME: ' 1 ofern4? Cy .4 o �r1 (Legibly Printed) Notary Public, State of !lagc. Commission No.:as Eel Packet Page -717- 3/13/2012 Item 11.A. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Manhattan Construction (Flodda),Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland - (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland with its principal offices in the city of Schaumbem, IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County, FL_ (hereinafter called the Owner), in the full and just sum of Five Percent of Total Amount Bid --- -- dollars ($ 5% of Total Amount Bid) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as: Collier Area Transit (CAT) Intermodal Transfer Station Bid No. 12 -5801 R NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100°Jo the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall. pay to the OBLIGEE the fixed sum of $ 1,619.11/day noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 6th day of January 20 1 2 M onstruction Florida Inc. Principal BY (Seal) Fidelftv and Deposit Company of. Maryland Surety BY (Seal) eorgra A. g, ttomey in Countersigned ' Countersignature No Longer Required by Law Local Resident Producing Agent for F43 Packet Page -718- 3/13/2012 Item 11.A. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of1le S aryland, by DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursu o nted by Article Vl, Section 2, of the By -Laws of said Companies, which are set forth on by certified to be in fuli force and effect on the date hereof, does hereby nomin GER, Georgia A. CRAIG, George J. KOLCZUN, Linda WRIG VER, all of Tulsa, Oklahoma, EACH its true and lawful agent and At =-Ie ak ehver, for, and on its behalf as surety, and as its act and deed: any ecution of such bonds or undertakings in pursuance of these presents, shah a ge pon • ' ully and amply, to all intents and purposes, as if they had been duly executed and n Q l a ected officers of the Company at its office in Baltimore, Md., in their own proper persons. omey revokes that issued on behalf of James B. GEISINGER, Georgia A. CRAIG, George J. KOLCZ a RIGHT, Nancy SCHEIB, Linda K. STEWART, dated July 22, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 3rd day of February, A.D. 2010. ATTEST. TIO—W-11-2,111 �B8AL �! wow tt 4 nt State of Maryland l ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary David S. Hewett Vice President On this 3rd day of February, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUAL'T'Y AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribe to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. mitt, 1N\_ '4 - POA -F 076 -0012 Packet Page -719- Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 3/13/2012 Item 11.A. EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and Winding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of January , 2012 Assistant Secretary Packet Page -720- 3/13/2012 Item 11.A. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder 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. Any required drawings, -grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. Collier County's Substitute W -9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: rgBid Number; .**Project Name; ,**Opening Date. 13. 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 BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Manhattan Construction (Florida). Inc. Bidder Signature & -litle Date: 01/20/2012 24 Packet Page -721- 3/13/2012 Item 11.A. Packet Page -722- State of Florida Department of State I certify from the records of this office that MANHATTAN CONSTRUCTION (FLORIDA), INC. is a corporation organized under the laws of the State of Florida, filed on April 18, 1974. The document number of this corporation is 450600. I further certify that said corporation has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on February 16, 2011, and its status is active. I , further certify that said corporation has not filed Articles of Dissolution. Given under Rey hand and the Great Seel of Florida, at Tallelrassee, the Capp this Me Twdith day of October, 201-1 - Secretary of State * Autheadaetion M:10021323MI- 101211- 450600 To wAcn is *v this cwti8cate,visit the following sibs, ester ft ED, and then folbw the inMuctiom dieph "& hitps:/ /efilc.nm z.org/certauthver.html Packet Page -722- 3/13/2012 Item 11.A. Collier County Florida INSURANCE AND BONDING REQUIREMENTS insurance / so d Type_ - _ 1. ® Worker's Requlred`Limlts 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 $2.OQ0.000 single limit per occurrence ISO form 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 attorneys' 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 Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 0 Packet Page -723- 3/13/2012 Item 11.A. 6. 0 Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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 Vendor Signature Print Name Date January 20. 2012 Peter Tuffo VP South Florida Area Manaaer Insurance Agency Rooney Insurance Agency, Inc Agent Name Christy Thompson Telephone Number 918- 878 -3366 (SEE ATTACHED CERTIFICATE) 41 Packet Page -724- 3/13/2012 Item 11.A. OP ID: CT CERTIFICATE OF LIABILITY INSURANCE °" 011W12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(€es) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pofides may require an endorsement A statement an this certificate does not confer rights to the certificate holder in lieu of such andorsemen s PRODUCER 918 -562.0 Rooney insurance Agency, Inc. 5601 S. 122nd E. Ave. 918-S78-3388 Tulsa, OK 74148 NAYE: ChdstyThornpson 918878 -3366 ; 918 -584 -3129 E AoDw-w-. etho-mpson@monevin—surance.com PRODUCER CUSTOMER ID * KRAFT -1 INSURERM AFFORDING COVERAGE NAIC t INSURED Manhattan Construction (Florida), Inc. 3520 Kraft Road Naples, FL 34105 INaURERA .- Old Republic General Ins Corp 24139 INSURER a:Starr Indemnity 8: Uabillty Co 38318 MUM C: $ 2,000,0 INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE i 3 OCCUR X Contractual INSURER E wouNER f: 06101/11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTTR LR TYPE OF INSURANCE POLICY NUMBER POLICY LfMITB GENERAL 1.IAa0.ITY EACH OCCURRENCE $ 2,000,0 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE i 3 OCCUR X Contractual CG410411019 06101/11 06!01112 PREMISES $ 100,00 MED EXP ( one person S 5,00 PERSONAL ALADV INJURY a 2,000, X XCU Liability GENERA, AGGREGATE s 4,000,0 GEM AGGREGATE LIMIT APPLIES PER- POLICY f-x—].IsCT PRO LOC PRODUCTS - COMP/OP AGG S 4,000,0 s A AUTOMOBILE LIABILITY ANY AUTO CA41041109 8!0 01111 06/01/12 COMBINED SINGLE LAMNT (ES �) $ 1,000,00 X BODILY INJURY (Per puson) S X ALL OWNED AUTOS � SCHEDULED Auros X BODILY INJURY (Per aeddeM) $ X PROPERTY DAMAGE (Pet ecckk l) S HIRED AUTOS X j NOT/- OWNEDAUTOS UMBRELLA A LAB X OCCUR FJ4CFi OCCURRENCE $ 10,000,00 X AGGREGATE S 10,000,0 B EXCESS LAB ISCCCL01450611 08!01!11 06!01112 DEDUCTIBLE j S RETENTI N A I WORKERS COMPENSATION AND EYPLOVEW LIABILITY ANY PROPRIETOR/PARTNEPJEXECUTNE YIN O andsts" in I R EXCLUDED9 EN (Mbndaloy M Ir+i If yes deeaAhe under DESCRIPTION OF OPERATIONS Aelow N 1 A DW41041108 06/01/11 06101112 X WC STATU- OTH- r ER E.LEACHACCZENT S 1,000,0 E.L. DISEASE - EA EMPL s 1,000,0 EL DISEASE - POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEIWAAS (Anwh ACORD 107, A"NaW Remake acindu4, It Mon @Pw Is requkedi PROJECT: Collier Area Transit (CAT) Intennodai Transfer Station Pr4ject No- 420353.1- 9"1;CFSAMo. 55.0281ContractAPF80 ilional Insured and Waiver of Subrogation Endorsements are Included in favor of Certificate Holder as required by executed contract Sfhould any of K6181101e111 Board of County Commissioners Collier County, Florida 3301 East Tam €ami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROVISIONS. AUTHOIMD REPRESENTATIM/% �•P�i.1 �C.. �17�G.er*�'�r._ 95 19118 -2009 ACORD CORPORATI[1N_ AN rinhts romarwad ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Packet Page -725- rMw 3/13/2012 Item 11.A. f ! ► A Addendum 1 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 Date: December 20, 2011 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following clarification is made to the above mentioned Collier County solicitation: A DVD with the specifications, drawings, bid schedule and reference documents may be picked up from the Collier County Government Purchasing Office located at 3327 Tamiami Trail East, Naples, FL 34112. A combination of all of the files were too large to post on the eProcurement site. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced soiicitation. (Name of Firm) Packet Page -727- 3/13/2012 Item 11.A. CO 1cr cry Email: OiVtslon brendabrilhart @colliergov.net Admir*AraM Services Telephone: (239) 252 -8446 Puithmng FAX: (239) 252 -6697 Addendum 2 Date: December 20, 2011 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum for Solicitation: ITB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: CHANGE Specification Section 230900, Instrumentation and Control for HVAC, Paragraph 2.7 Controls Network: System Integration to read: "The building automation system shall be Johnson Control Metasys and the interface to Metasys must be via BACnet." Packet Page -728- M t R Addendum 3 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 2524446 FAX: (239) 252 -6697 Date: January 12, 2012 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #3 for Solicitation: [TB 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: ADD: • Revised Bid Schedule The addendum #3 bid schedule must be submitted to be considered for award. Line item allowances for Signage, Fumiture and CAT ICON have been added. Owner Contingency has been deleted. • Scope Matrix • Intrumescent Mastic Fireproofing: WR Grace is having temporary supply issues; Carboline fire film 3 can be substituted. www.carboline.com • Membrane Air Barrier: PROSOCO' R -Guard will not be an acceptable substitute at time of bidding — a bidder may submit a proposal for substituent this product on a separate piece of paper and submit with bid package. REMOVE: • The Owner Contingency Allowance under Bid Allowances is to be struck from the Bid — delete note from page G-002 under Bid Allowances: OWNER GONTINGENGY CORRECTION: Sheet G -002 project clarification #59, Value Engineering; Bidders may offer akefflm to substitute the custom sunscreen shown around ADD Alternate No. 1, CAT Offices addition with a sunscreen system integral to and by the same manufacturer as the adjacent perimeter curtain wall below. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Enc: 2 Packet Page -729- Addendum 4 Date: January 13, 2012 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #4 for Solicitation: ITB 12.5801 R Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: ADD: Line item allowances for Furniture have been modified. Revised Bid Schedule attached. • Division I specifications attached. CHANGE: • Isolatek SprayFilm WB5 is an acceptable equal to Carboline Fire Film 3 for intumescent mastic fireproofing. • After further review as a substitute for Membrane Air Barrier, PROSOCO' R -Guard will be an acceptable substitute at time of bidding. • Bidders should supply bid numbers as specified. Bidders are encouraged to submit proposals for additional substitute products on a separate piece of paper and submit with bid package. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Packet Page -730- Addendum 5 3/13/2012 Item 11.A. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239)-252 -6697 Date: January 13, 2012 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #5 for Solicitation: ITB 12-58018 Collier Area Transit (CAT) Intermodal Transfer Station The following change is made to the above mentioned Collier County solicitation: CHANGE: • The Questions and Answers will be re- opened on www.colliergov.net/bid on January 16, 2012 until 5:00 pm. • The due date has been extended until 2:30 pm on January 20, 2012. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brandy Otero, Project Manager Please sign below and ivwm Packet Page -731- w 3/13/2012 Item 11.A. DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Manhattan Construction (Florida), Inc. Name of Business 1. They are a prospective contractor, vendor, affiliate or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should is subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and /or suspend /debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances S. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) 1 hereby declare that neither my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transactions by any public agency. Peter Tuffo, VP South Florida Area Manager Name(s) and Tide(s) of Authorized Representative(s) Manhattan Construction (Florida), Inc. Name of Business (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Names) and Titles) of Authorized Representative(s) Name of Business Authorized SiQnoture(s) Date Packet Page -732- 3/13/2012 Item 11.A. DISCLOSURE OF LOBBYING ACTIVITIES ,WOved by oMe Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348.0046 (SAp rpupmo fnr ni thiir hi orrion efeerinei iro l 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ell a. contract Unknown "tea. bid/offer/application a a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee Unknown date of last report f. loan insurance 4. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 Is a Subawardee, i=nter Name Q Prime ❑ subawardee and Address of Prime: Tier , if known: Manhattan Construction (FL), Inc. NA 3520 Kraft Road, Naples, FL 34105 Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: Unknown Unknown CFDA Number, ifapp#cab/e: 8. Federal Action Number, if known: 9. Award Amount, if known: Unknown $ Unknown 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) ( last name, first name, Ml): None None 11. Wwmeftn requested taatp his form is wAhomed by fifty 71 U.S.C. section 1352, This Signature: disdmm of Wbbywv aeiddes is a maiensd mpre,.mewi, of fad up" htdid relate was ptees0 by the tier above wton this treraetdbn wes made Print Name: Peter Tuff or snared inw, ns diad is reared pursuer» io 31 UAQ 1951 This Worn edw wile be evadable for prose irlepeobe". Any parson Mho fait w ft sa tegwnd asoasure shed be su4W jo s civil penny of W Ifts man s10AW and Title: VP South Florida Area Manager . 239- 643.6000 01/20/2012 Telephone No.: Date: rat mae mart S100 WO rar each such fadae. Federei!'USe Only:" Authorized for Local ReproducUm Standard Form LLL (Rev. 7 -97) Packet Page -733- 3/13/2012 Item 11.A. INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardeeor prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previousfiling, pursuant to able 31 U.S.C. section 1352. The filing of a forth is required for each payment or agreemenito make paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employesof Congress, or an employesof a Memberof Congress in connection with a covered Federalaction. Completeall items that applyfor both the initial flflng and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1. identify the type of covered Federal action for which lobbying activity is andfor has been secured to influence the outcome of a covered Federal action. 2. identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a foflowup report caused by a material change to the information previously reported, enter the yearand quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name. address, city, State and zip code of the reporting entity. include Congressional District, If known. Check the appropriateciassificadon of the reporting entitythet designates if it ts, or expects to be, a prime or subaward recipient identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. B the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip Code of the prime Federal recipient. Include Congressional District, If known. 6. Enter the name of the Federal agency making the award or ban commitment. Include at least are organizationallevel below agency name, If known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and ban commitments. 8. Enter the most appropriate Federal identifying number ave®ablefor the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or ban award number, the applicationiproposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE- 90-001 " 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardfloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and Include full address if different from 10 (a). Enter Last Name, First Name, and Middle initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to the Office of Managamentand Budget, Paperwork Reduction Project (0348 - 0046). Washington, DC 20503_ Packet Page -734- 3/13/2012 Item 11.A. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-M12 ANTICIPATED DBE PARTICIPATION STATEMENT (`ADBEPS -) MIJAL OPPORTUNITY OF"CE LOCAL AGENCY PROGRAM o1n1 1. FDOT LAP AGREEMENT# 2. FOOT LAP AGREEMENT AMTS 3. LOCAL AGENCY'S CONTRACT # WITH PRIME 4. LOCAL AGENCY NAME TRIP and INTERMODAL COLLIER COUNTY 420353- 1 -94 -01 5. PRIME CONTRACTOR'S NAME B. FEID NUMBER OF PRIME CONTRACTOR Manhattan Construction (Florida), Inc. 59- 1530885 7. CONTRACT DOLLAR AMOUNT WITH PRIME I& FEID NUMBER OF LOCAL AGENCY 8. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED 10. IS THE WORK OF THIS CONTRACT DISADVANTAGED BUSINESS ENTERPRISE (DBE)? ❑ YES ONO CONSTRUCTION 09 MAINTENANCE ❑ OTHER? 11. IS THIS AN ADBEPS REVISION? ❑ YES ONO N yes, revision number 12. ANTICIPATED DBE SUBCONTRACTS DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND DOLLAR PERCENT OF COMPANY NAME AND FEID NUMBER FOOT SPECIALTY CODE(S) AMOUNT CONTRACT DOLLARS A NAME: WORK: ID: SPEC CODE: NAME: WORK: 8 FEID: SPEC CODE NAME WORK: C FEID: SPEC CODE: NAME: WORK: D FEID: SPEC CODE: NAME: WORK: E FEID: SPEC CODE F 11A TOTAL DOLLARS TO DOE'S 19 WTAL P19WW OF $0.001 0.00% SECTION TO BE FILLED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER Peter Tuffo 1/20/2012 VP South Florida Area Manager 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 118. PHONE NUMBER ptuffo ®manhattanconstruction.com 239 -643 -0090 239 - 643 -6000 SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 20 .DATE 21. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FOOT CONTRACT'S. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED ATTHE PRE CONSTRUCTION. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE LAP NAME DATE TO EO OFRCE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE -C N UCTION ISTRICT (ELECTRONICALLY) GREEM LOCAL AGENCY AND PRIME ) CONFERENCE DATE Packet Page -735- 3/13/2012 Item 11.A. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275.030.10 CONSTRUCTION CONTRACTORS EQUALOPPORTUNmo � BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399 -0450 TELEPHONE: (850) 414 -4747 FAX: (850) 414 -4879 This information may also be included in your bid or proposal package. Prime Contractor /Consultant: Manhattan Construction (Florida) Inc. Address/Telephone Number: 3520 Kraft Raod Naples FL 34105 (239) 643- Bid/Proposal Number: 12 -58108 Quote Submitted MMNR: 01/2012 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity fist." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT - assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number: 59- 2287155 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Agnoli. Barber & Brundage ® Non -DBE ❑ Less than $1 million 3. Phone: 239 - 597 -3111 ❑ Between $1 - $5 million 4. Address: 7400 Tamfami Trail N ❑ Between $5 - $10 million Suite 200 7. ® Subcontractor ❑ Between $10 - $15 million Naples. FL 34108 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number. 59- 2236460 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: Allied Engineerina / Testing ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239 -334 -6833 ❑ Between $1 - $5 million 4. Address: 5850 Corporation Blvd. ❑ Between $5 - $10 million Fort Myers, FL 33905 7. ® Subcontractor ❑ Between $10 - $15 minion _ _ ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 65- 0029637 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: Ian's Interiors ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239 - 455 -6927 ❑ Between $1 - $5 million 4. Address: 4075 -2 Pine Ridge Road ❑ Between $5 - $10 million Naples. FL 34119 7. ® Subcontractor ❑ Between $10 - $15 million _ _ ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Packet Page -736- STATE OF FLORIDA DEPARTMENT OF TRA wowAraq CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST I. Federal Tax ID Number: 20- 3476560 2. Firm Name: Southwest Construction Sv 3. Phone: 2.39 -768 -9936 4. Address: 212 Wallace Avenue Lehiah Acres, FL 33971 5. Year Firm Established: 1. Federal Tax ID Number: 73- 1370586 2. Firm Name: Advanced Roofina Svcs 3. Phone: 239 - 939 -4412 4. Address: 1601 W. Detroit St. Broken Arrow. OK 74012 5. Year Firm Established: 6. ® DBE ❑ Non -DBE 7. ® Subcontractor ❑ Subconsultant 6. ❑ DBE ® Non -DBE 7. ® Subcontractor ❑ Subconsultant 3/13/2012 Item 11.A. 275.030.70 EQUAL OPPORTUMTY OFFICE 02/08 ,_, 8. Annual Gross Receipts- El 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: 26- 4479766 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: Diamond Drvwall & Glass ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239 -482 -7587 Between $10 - $15 million ❑ Between $1 - $5 million 4. Address: 2126 Andrea Lane ❑ Between $5 - $10 million Fort Myers, FL 33912 7. ® Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million S. Year Firm Established: 1. Federal Tax ID Number: 20- 4437535 2. Firm Name: FrankiinSeckinger Plum 3. Phone: 239 -466 -5606 4. Address: 17131 Alico Center Road Fort Myers, FL 33967 S. Year Firm Established: 6. ® DBE ❑ Non -DBE 7. ® Subcontractor ❑ Subconsultant S. 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. 65- 0211417 6. ® DBE 8. Annual Gross Receipts: 2. Firm Name: Acres & Son Plumbino ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239 - 597 -5031 ❑ Between $1 - $5 million 4. Address: 5701 Houchin Street ❑ Between $5 - $10 million Naples. FL 34109 7. ® Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Packet Page -737- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY UST 1. Federal Tax ID Number: 42- 1623739 2. Firm Name: VAR Electric 3. Phone: 239 -931 -7570 4. Address: 11000 metro Parkway Fort Myers, FL 33966 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 ❑ Subconsuftant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 3/13/2012 Item 11.A. 275.030.10 EOUAL OPPORTUNITY OFFICE 02" 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 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 $1 - $5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Packet Page -738- 3/13/2012 Item 11.A. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Manhattan Construction (Florida), Inc., ( "Contractor ") of 3520 Kraft Road, Naples Florida 34105, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Collier Area Transit (CAT) Intermodal Transfer Station, Bid No. 12 -5801 R ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Atkins Global, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract 'Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Three million eight hundred and forty four thousand four hundred and forty nine dollars and no cents ($3,844,449.00). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. 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 meet the requirements of the Packet Page -739- 3/13/2012 Item 11.A. Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated 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 at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. 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. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The Successful Bidder shall be required to finally complete all Work within five hundred and twenty (520) calendar days from and after the Commencement Date specified in the Notice to Proceed. If the Alternative is not selected, the Successful Bidder shall be required to finally complete all Work within four hundred and eighty (480) calendar days from and after the Commencement Date specified in the Notice to Proceed. All work must be completed no later than 12/31/2013 grant funding expires. The undersigned further agrees to substantially complete all work covered by this Bid, within four hundred and ninety. (490) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, if alternate selected, the Bidder shall be required to substantially completed all work within four hundred and fifty (450) consecutive days. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General Owner and Contractor recognize that, since time is of the essence for this Agreement, Packet Page -740- 3/13/2012 Item 11.A. Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand six hundred and nineteen dollars and eleven cents ($1,619.11) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed ' on the date the Project Manager (or at his /her direction, the Design Professional) 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 to 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 or Finally Complete the Work within the required time periods. C. Computation of Time Periods. 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. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Packet Page -741- 3/13/2012 Item 11.A. Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits incorporated. The following documents are, expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Atkins Global and identified as follows: Collier Area Transit (CAT) Intermodal Transfer Station as shown on the Plan Sheets. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Hank Jones, Project Manager Facilities Management 3335 Tamiami Trail E. Packet Page -742- 3/13/2012 Item 11.A. Naples, Florida 34112 (239)252-8554 B-, All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Peter Tufo, VP South Florida Area Manager Manhattan Construction (Florida), Inc. 3520 Kraft Road Naples, FL 34105 (239) 643 -6000 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a Packet Page -743- 3/13/2012 Item 11.A. waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the. Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. 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 Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Packet Page -744- Approved As To Form d Legal Sufficiency: L�� int Name: Scott Teach, Deputy County Attomey 31 Packet Page -745- 3/13/2012 Item 11.A. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: Manhattan Construction (Florida) Inc. TWO WITNESSES: . . By FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND' WITNESS Type/Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Fred W. Coyle, Chairman Approved As To Form d Legal Sufficiency: L�� int Name: Scott Teach, Deputy County Attomey 31 Packet Page -745- 3/13/2012 Item 11.A. EXHIBIT A 1: PUBLIC PAYMENT BOND Collier Area Transit (CAT) Intermodal Transfer Station Bond No. Contract No. 12-5801R KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 32 Packet Page -746- Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: 33 Packet Page -747- (Printed Name) (Business Address (Authorized Signature) (Printed Name) K- 3/13/2012 Item 11.A. I As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 34 Packet Page -748- EXHIBIT A 2: PUBLIC PERFORMANCE BOND Collier Area Transit (CAT) Intermodal Transfer Station KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as 3/13/2012 Item 11.A. Bond No. Contract No. 12-5801R Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,. extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. 35 Packet Page -749- 3/13/2012 Item 11.A. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 -, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL AN NAME: ITS: The foregoing instrument was acknowledged before me this , 20_, by personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) of _ corporation, on behalf of the corporation. me OR has produced _ as identification and did (did not) take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 36 Packet Page -750- day of as , a He /she is ATTEST: Witnesses as to Surety Witnesses 3/13/2012 Item 11.A. SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 37 Packet Page -751- v I� 3/13/2012 Item 11.A. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a 38 Packet Page -752- 3/13/2012 Item 11.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 coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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. 39 Packet Page -753- Collier County Florida INSURANCE AND BONDING REQUIREMENTS 3/13/2012 Item 11.A. 1. ® Worker's 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 $2.000,000 single limit per occurrence ISO form 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 attorneys' 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 Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance 40 Packet Page -754- $ Per Occurrence $ _ Per Occurrence 3/13/2012 Item 11.A. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. E Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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 Vendor Signature Print Name Insurance Agency Agent Name 41 Packet Page -755- Date Telephone Number 3/13/2012 Item 11.A. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor') releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated ' 20 — for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: _ 42. Packet Page -756- 3/13/2012 Item 11.A. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @10% thru[insert date] Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ 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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (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) 43 Packet Page -757- 3/13/2012 I m 11.A. \ #kuj )k/ m; w� w ■§ w 20 o ga kk \\ { �) _ )§ �\ �° )� JI zU, wUJ 2� §& §) �§ �R ) k UJ \} SCL /° -§mo e$ u� LU §S \$ (n E ° L kk E �/ m w 2§ e� ®I "� < 0.0 LU ' 2 °� a Ga LL o §Lu 2� CL uj )� ° %a @z ) 0 \ \ �\ U 00 it & ■ 2 2 �� Qg �u f w_ . �� § \ L) g � 1f CM ° \ � � ]a§ o z E .. .. g fn a E B §w� k k « k(j § f c 0 E CL c $ 222 # 2 ■ %Ak . �2 Lam. w.2 w Z z P ck tPag -758- ' W 0 v m Co 75 E 0 U- Lo d �a 'L d w ep .o m L 0 N C C O U_ s x w Packet Page -759- 3/13/2012 Item 11.A. a LO 0 m — R w C W R C M 'fl O ova � y _z a �V � m U.0'ja a— 0 o > �, m'�,a v wm. Z, o to 0 3 > Q O 'E > 0 0 d a� m 4) M o E > 0 �z d 0 y G O r CL 'i V N d m R O Packet Page -759- 3/13/2012 Item 11.A. a LO 3/13/2012 Item 11.A. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ........................... ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director Date: Date: Date: Date: Date: Date: Date: (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 47 Packet Page -760- 3/13/2012 Item 11.A. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 49 Packet Page -761- 3/13/2012 Item 11.A. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on on Design Professional By: Type Name and Title` CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title 50 Packet Page -762- rM 20 3/13/2012 Item 11.A. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 20_ 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: _ By Design Professional: By Owner: 51 Packet Page -763- (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 3/13/2012 Item 11.A. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at Packet Page -764- 3/13/2012 Item 11.A. the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction. activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress Packet Page -765- 3/13/2012 Item 11.A. schedule for the Project (herein Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (34) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to Hank Jones, Collier County Project Manager. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on Packet Page -766- 3/13/2012 Item 11.A. the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Packet Page -767- 3/13/2012 Item 11.A. Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved .adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of 1aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure properly to subcontractors or for labor, materials or that the Work can be completed for the unpaid bale reasonable indication that the Work will not be comp unsatisfactory prosecution of the Work by the Con breach of the Contract Documents by Contractor. Packet Page -768- of Contractor to make payment equipment; (d) reasonable doubt ince of the Contract Amount; (e) eted within the Contract Time; (f) ractor, or (g) any other material 3/13/2012 Item 11.A. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Packet Page -769- 3/13/2012 Item 11.A. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 8.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 8.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Packet Page -770- 3/13/2012 Item 11.A. Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 9. DAILY REPORTS, AS- BUILTS AND MEETINGS. 9.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 9.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 9.1.2 Soil conditions which adversely affect the Work; 9.1.3 The hours of operation by Contractor's and Sub- Contractor's personnel; 9.1.4 The number of Contractor's and Sub- Contractor's personnel present and working at the Project site, by subcontract and trade; 9.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 9.1.6 Description of Work being performed at the Project site; 9.1.7 Any unusual or special occurrences at the Project site; 9.1.8 Materials received at the Project site; 9.1.9 A list of all visitors to the Project 9.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 9.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project Packet Page -771- 3/13/2012 Item 11.A. site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 9.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 10. CONTRACT TIME AND TIME EXTENSIONS. 10.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 10.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine. regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 10.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Packet Page -772- 3/13/2012 Item 11.A. 10.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 11. CHANGES IN THE WORK. 11.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 11.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 11.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 11.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and sub - contractor's bond costs associated with any change order Packet Page -773- 3/13/2012 Item 11.A. shall be included in the overhead and profit expenses and shall, not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 11.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 11.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 12. CLAIMS AND DISPUTES. 12.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 12.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 13. OTHER WORK. 13.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Packet Page -774- 3/13/2012 Item 11.A. Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 13.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 14. INDEMNIFICATION AND INSURANCE. 14.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 14.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier 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. Packet Page -775- 3/13/2012 Item 11.A. 14.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 15. COMPLIANCE WITH LAWS. 15.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Packet Page -776- 3/13/2012 Item 11.A. 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 does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. 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. 16. CLEANUP AND PROTECTIONS. 16.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 16.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 17. ASSIGNMENT. 17.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. Packet Page -777- 3/13/2012 Item 11.A. 18. PERMITS, LICENSES AND TAXES. 18.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget- transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 18.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 18.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 19. TERMINATION FOR DEFAULT. 19.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 19.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 19.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other Packet Page -778- 3/13/2012 Item 11.A. direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 19.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 19.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 20. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 20.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination Packet Page -779- 3/13/2012 Item 11.A. for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 20.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 21. COMPLETION. 21.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 21.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. Packet Page -780- 3/13/2012 Item 11.A. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 22. WARRANTY. 22A Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 23. TESTS AND INSPECTIONS. 23.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. Packet Page -781- 3/13/2012 Item 11.A. 23.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 23.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 23.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 23.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 23.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 24. DEFECTIVE WORK. 24.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 24.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests Packet Page -782 3/13/2012 Item 11.A. as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 24.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 24.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 24.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and Packet Page -783- 3/13/2012 Item 11.A. consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 25. SUPERVISION AND SUPERINTENDENTS. 25.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see 'that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit -N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 25.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 26. PROTECTION OF WORK. 26.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 26.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Packet Page -784- 3/13/2012 Item 11.A. 26.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 27. EMERGENCIES. 27.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 28. USE OF PREMISES. 28.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 29. SAFETY. 29.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 29.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 29.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 29.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground Packet Page -785- 3/13/2012 Item 11.A. structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 29.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; Packet Page -786- 3/13/2012 Item 11.A. 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 30. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 31. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 32. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by Packet Page -787- 3/13/2012 Item 11.A. reference. Copies are available through Risk and available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 33. SALES TAX SAVINGS AND DIRECT PURCHASE 33.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 33.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 33.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. Packet Page -788- 3/13/2012 Item 11.A. 34. SUBCONTRACTS 34.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 34.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 34.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 34.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Packet Page -789- 3/13/2012 Item 11.A. Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 34.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 34.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 34.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 34.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 34.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 34.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. Packet Page -790- 3/13/2012 Item 11.A. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County Packet Page -791- 3/13/2012 Item 11.A. staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor / Contractor / Proposer 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. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `Count.V prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Packet Page -792- 3/13/2012 Item 11.A. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee if deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Packet Page -793- 3/13/2012 Item 11.A. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 82 Packet Page -794 - 3/13/2012 Item 11.A. EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http: / /bid.colliergov.net/bid/ 83 Packet Page -795- 3/13/2012 Item 11.A. EXHIBIT K: PERMITS Refer to information posted at: http: / /bid.colliergov.net/bid/ sa Packet Page -796- 3/13/2012 Item 11.A. EXHIBIT L: STANDARD DETAILS Refer to information posted at: http: / /bid.colliergov.net/bid/ 85 Packet Page -797- 3/13/2012 Item 11.A. EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http: / /bid.coiliergov.net/bid/ 86 Packet Page -798- 3/13/2012 Item 11.A. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Refer to information posted at: http: / /bid.colliergov.net/bid/ 87 Packet Page -799- 3/13/2012 Item 11.A. GRANTING AGENCY REQUIREMENTS Provided In Separate File 88 Packet Page -800- 3/13/2012 Item 11.A. IFB REQUIRED SUBMISSIONS The Contractor shall submit the following forms and certifications provided: 1. Certification Regarding Debarment (Form) 2. Certification for Disclosure of Lobbying Activities (Form 375- 030 -33) 3. DBE Participation Statement (Form 275- 030 -12) 4. Bid Opportunity List (Form 275- 030 -10) Certification Regarding Debarment shall be executed by an officer of the firm, associates or corporation submitting the proposal, and shall be sworn to before a person who is authorized by law to administer oaths. Certification for Disclosure of Lobbying Activities shall be submitted by the proposed Prime Contractor. If a Standard Form -LL has previously been submitted to a government agency and there has been no material change, a copy of the previous submission is sufficient. DBE Participation Statement shall be completed even if the Contractor does not intend to utilize a DBE firm. Bid Opportunity List Federal law requires states to maintain a database of all firms that are participating or attempting to participate in DOT - assisted contracts. To assist the County in this endeavor, consultants are requested to submit the Bidder's Opportunity List. The list should include yourself as well as any prospective sub - contractor that you contacted or who has contacted you regarding this project. Packet Page -801- 3/13/2012 Item 11.A. TERMS FOR FDOT FUNDED PROJECTS: The following terms apply to all contracts in which services involve the expenditure of state funds: A. NONDISCRIMINATION — EQUAL EMPLOYMENT OPPORTUNITY In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, 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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project; except contract for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and apprentices for employment for project work, notices to be provided by the Department setting forth the provisions of nondiscrimination clause. B. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations made by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color religion, sex or national origin. C. INTEREST OF MEMBERS OF CONGRESS: No member of or delegate to . the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. D. INTEREST OF PUBLIC OFFICIALS: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall be any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States, and public corporations, boards, and commissions established under the laws of any State. - E. DISADVANTAGED BUSINESS ENTERPRISE POLICY: The contractor agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26. As amended. To ensure that the Packet Page -802- 3/13/2012 Item 11.A. Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of State assisted contracts. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 40 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 40 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Departments may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) F. DEBARMENT: An entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair or a public building or public work, may not submit bids or leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. G. An person or affiliate who has been placed on the convicted vendor list following a convictions for a publice entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair or a public building or public work, may not submit bids or leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. H. It is understood and agreed that if the Contractor at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 23.5 1, was erroneous when submitted or has become erroneous by reason changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. Packet Page -803- 3/13/2012 Item 11.A. "The contractor /consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents, or employees. Neither the contractor /consultant, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT of any of its officers, agents, or employees." J. E- VERIFY: The vendor /contractor: shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. K. THIRD PARTY: The DEPARTMENT (Florida Department of Transportation) shall not be obligated or liable hereunder to any party other than the Agency (Collier County). L. TRAVEL: Contractor agrees to comply with the provision of Chapter 112.061 F.S. relative to travel expenses. Packet Page -804- 0 fCS L 4- N ti ID 0 E L Q) L-� O V) 4- V) i • 1 ol CA) w N O N (D 3 J fCS N a l 6k L Q • • L. 0 x uj W W N O D • • • 1 • 1 • L. 0 Q� 4-J w w N O N (D 3 a� a� �n i a D w w N O N (D a � � o oo 00 O° Ln o O d- O O ri p d' O M �i- O O r*-,. oo �o r-I M N r-I i .O V) O 4J U to � O U ro O 4-J a-J IV• L- cu . _ 4-) O o L. -0 U 4A c O a-' S- 4-J r � U U r- -0 can t/1 C: C: O a-J � U D CL -j U cn O w w N O N (D a f`• t/'1 0 4=J ra 3/13/2012 Item 11.A. CAWar ant Admiliislrative Sen+ices IJiariskm Purchasing February 21, 2012 Mr. Peter Tuffo, Vice President /South Florida Area Manager Manhattan Construction Florida Inc. 3520 Kraft Road Naples, FI 34105 Re: Protest Decision, ITB 12- 5801R, Collier Area Transit Intermodal Transfer Station Dear Mr. Tuffo: I am in receipt of the protest letter of February 13, 2012 from Manhattan Construction Florida Inc. (hereinafter referred to as "MCF ") regarding the recommended award of the referenced contract to Lodge Construction Inc. (hereinafter referred to as "Lodge) ". The following is a summary of the issues raised in your protest followed by findings regarding each: PROTEST ISSUES AND FINDINGS ISSUE 1: Lodge failed to identify the two largest dollar subcontractors within their bid price per the requirements of the ITB. Specifically, Lodge did not name a subcontractor responsible for the design and installation of the overhead walkway cover (canopy) identified under division 10 of the plans and specifications. Additionally, Lodge did not name a subcontractor responsible for the site work included under division 2 of the plans /specifications. FINDINGS: In reviewing the bid submission from Lodge, it did not specifically list the canopy product /manufacturer or the entity performing the site work. The canopy portion of their bid totaled $845,152 or 22.9% of their total base bid. Lodge's site work price totals $509,866, which represents 13.8010 of its total base bid. Lodge's base bid is for $3,697,475. MCF's base bid offer is $3,844,449. Lodge's price is $146,974 lower than MCF's. Lodge's price for the covered walkway as set forth under division 2 of the plans and specifications is $845,152. MCF's price for the same is $1,017,123. Lodge's price is $171,971 lower than MCF. The difference in the respective canopy prices is greater than the difference in the respective base bids. The ITB does not denotatively define the phrase "major subcontractors" In speaking with Lodge regarding this matter, they understand "major subcontractors" to constitute the subparts of the work contained within the critical path of the Purchasing Departr W- 3301 Tamiami Trail East - Naples, Florida 34112 • www.cdliergov.netrpurchasing Packet Page -812- 3/13/2012 Item 11.A. Mr. Peter Tuffo February 21, 2012 Page 2 of 4 scope, which it defined to include mechanical, electrical, plumbing, roofing and structural, etc. In comparing the bid offers from Lodge and MCF, Lodge listed four subcontractors (for the following divisions of work: Electrical, Plumbing, HVAC, and Roofing) and listed themselves as self performing the concrete and masonry work. Lodge took no exceptions to any of the specifications in its bid offer. By contrast, MCF listed five subcontractors and did not identify any work as being self performed. MCF's list included Concrete & Masonry, Covered Walkway, Site Work, Electrical and Acoustical Ceiling. Manhattan took no formal exceptions to the specifications, but did offer four voluntary alternative manufacturers or sources as authorized by the Purchasing Department in an online response to a question dated January 14, 2012, ISSUE 2: By accepting Lodge's Bid price as tendered in its bid price, Collier County is in violation of Section 255.0515, F.S. FINDINGS: Section 255.0515 F.S. expressly prohibits allowing contractors to change subcontractors named in their bid offer after bids are opened without "just cause ". In this instance, Lodge did not specifically name the canopy manufacturer in its bid offer. During the bid evaluation phase, County staff reviewed Lodge's bid offer with its representatives and learned that Lodge had received two prices for the canopy work prior to submitting its bid offer. One bid offer came from Dittmer in the amount of $1,000,000. The other was considerably less from Architectural Metals, who is not an approved source for that product. Staff advised Lodge that they would be required to use one of the three pre- approved manufacturers for the canopy work named in the ITB. Lodge did not acquire a price from the canopy manufacturer it intended to use until six days after the bid opening. ISSUE 3: Lodge failed to include all required bid forms with its bid offer at the time of bid submission. FINDINGS: The bid offer from Lodge did not include the following forms: Disclosure of Lobbying Activities; Declaration of Debarment; Construction Contractors Bid Opportunity List; and the Anticipated DBE Participation (or "ADBEPS ") Statement. All of the aforementioned forms were solicited pursuant to complying with the grant funding requirements of the project. The County's grants compliance staff has advised that none of the forms are strictly required to be submitted with each bid offer, but rather need to be submitted prior to or at the time of award. Packet Page -813- 3/13/2012 Item 11.A. Mr. Peter Tuffo February 21, 2012 Page 3 of 4 As a matter of general law, errors and /or omissions associated with a bid offer are generally considered to be minor in nature and such deviations can be waived by the public entity. In this instance, review of the first three forms suggests that the bidder gained no material advantage in submitting these forms late. With regard to the submission of the ADBEPS form, Lodge listed Southwest Construction Services of SW F/ Inc. as its Concrete & Masonry provider in the amount of $345,635. In its base bid offer, Lodge identified a price of $363,485 for the Concrete & Masonry work. Subsequent to the bid opening, Lodge advised staff that its intent regarding this item was to use the subcontractor named on the ADBEPS form if awarded only the base work and to self perform the work if the base and specified alternative was awarded. In reviewing Lodge's bid offer, there does not appear to be any written evidence of this distinction within the bid offer. ISSUE 4: If accepted, the "voluntary alternate" prices submitted by MCF would result in MCF's price offer being lower than Lodge's price offer. FINDINGS: Bidders were advised to bid all items per the plans and specifications. In the event that bidders wished to have an alternative product considered as part of their bid submission, bidders were required to request this through the design professional prior to tendering their bid. Bidders were allowed to submit such requests with their bid offer, but not for consideration in the award decision, but rather for subsequent consideration after award. The "voluntary" alternates submitted by MCF with its bid offer, including one for the walkway cover structure were not approved prior to submission of MCF's bid offer and accordingly will not be factored into the bid evaluation analysis. PROTEST DECISION In addition to the information submitted within the protest, this office has spoken with the apparent lowest bidder and the protestor regarding this matter and has reviewed both offers. In doing so, the following is hereby noted: a. Though the ITB did not specifically define the term "major subcontractor ", it may be difficult to argue that the canopy manufacturer need not be listed here given the issues that arose concerning canopy pricing and given that the price for the canopy on average constituted anywhere from 23 to 29 percent of the various bidders' price offers. b. Lodge obtained two prices for the canopy work, but chose neither in advancing its price for that work. Rather, they appear to have taken an approximate average of the two prices received, neither of which came from the subcontractor it ultimately selected. In effect, Lodge had not selected a canopy manufacturer at the time that it tendered their bid offer. Instead, Lodge has Packet Page -814- 3/13/2012 Item 11.A. Mr. Peter Tuffo February 21, 2012 Page 4 of 4 acknowledges it obtained a price from the subcontractor that it ultimately chose after the bid opening and after discussions with County staff where Lodge was advised that it would be obligated to honor its bid price as tendered in total if Lodge was to receive the award. c. Lodge did not list the provider associated with the performance of site work. However, there is no evidence in the protest to support that alternative sources were contacted by Lodge regarding this specific division after its bid was submitted. d. Under most other circumstances, Lodge's failure to include the aforementioned forms cited under Issue 3 of the protest summary would often constitute only a minor irregularity that could be waived by the owner. However, in this instance, there is an apparent contradiction between the base bid offer and the ADBEPS form as to who was to perform the work and the price for the work. Given that Lodge submitted the ADBEPS form after the bid opening; this again creates the appearance of bid shopping (though there was no other evidence presented in the protest that would support such a claim). Public sealed bidding is based upon the premise that all bidders are given the same opportunity to offer their best responsive price to the written plans and specifications in a uniform manner. After reviewing the arguments and information presented in the protest and speaking with both Lodge and MCF regarding this matter, it is now evident that Lodge obtained a significantly lower price for the canopy work after the bidding period had closed and in doing so gained an unfair advantage in the bid award competition. Therefore, it is the decision of this office to uphold the protest and to authorize staff to proceed with submission of the bid award recommendation recommending award to MCF by the Board of County Commissioners. Under Section XIX.F of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two business days from the date of receipt of this decision or not later than close of business on Thursday February 23, 2012. Sincerely, Steve Carnell Purchasing /General Services Director Packet Page -815- 3/13/2012 Item 11.A. Collier County FORMAL BID PROTEST & SUPPORTING DOCUMENTATION PREPARED FOR: Collier County Government Bid No. 12 -5801 R Collier Area Transit (CAT) Intermodal Transfer Station Manhattan Building excellence. Manhattan Construction (Florida), Inc. 3520 Kraft Road, Naples, Florida 34105 1 T: (239) 643 -6000 1 F: (239) 262 -4131 1 www.manhattanconstruction.com Packet Page -816- 3/13/2012 Item 11.A. Manhattan Construction (Florida), Inc. 23�. 3520 Kraft Road 239.643.0090 (facsimile) Naples, FL 34105 www.manhaftanconstruction.com • lYlm110..i Ltcm Building excellence. February 11, 2012 Mr. Steve Carnell Purchasing Director Collier County Government 3327 Tamiami Trail East Naples, FL 34112 -4901 Re: Bid No. 12- 5801R, Collier Area Transit (CAT) Intermodal Transfer Station Dear Steve, Pursuant with the guidelines set forth in Article XVIII (Protest of Bid or Proposal Award) of the Purchasing Policy of Collier County, Manhattan Construction (Florida), Inc. hereby referred to as MCF, is protesting the award of Bid No. 12 -5801R to Lodge Construction. This letter is to serve as both our Notice of Intent to Protest, as well as our formal protest. As required per Article XVIII, the following information will outline the pertinent information regarding the protest: 1. Name and address of County Agency affected and the bid number and title: a. Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 -4901 b. Bid No. 12- 5801R, Collier Area Transit (CAT) Intermodal Transfer Station 2. The name and address of the protesting party: a. Manhattan Construction (Florida), Inc. 3520 Kraft Road Naples, Florida 34105 A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate: a. List of Major Subcontractors: The bid form required the bidders to list their major subcontractors on the applicable form (See Tab 1). Webster's Dictionary defines major as greater in number, quantity or extent ". Lodge's bid breakdown identifies Division 10 having a value of $845,142 (See Tab 2). Division 10 is the major (greatest in number) category on Lodge's bid yet they failed to identify their subcontractor for this work. In fact, the next largest scope of work is Division 2 (Site) with a value of $509,866 (See Tab 2) and Lodge failed to list the subcontractor for this scope of work too (See Tab 1). The Protective Covers (Specification Section 107300) are within the Division 10 cost • summary provided by Lodge. Section 107300 lists as basis -of- design the product Ditt- Packet Page -817- 71 3/13/2012 Item 11.A. <0 Deck Extruded Aluminum Protective Cover System by Dittmer Architectural Aluminum. Additionally, the Q &A within the Collier County Online Bidding System for CAT stated that Peachtree Protective Covers and Perfection Architectural Corporation are the "only" acceptable equivalent protective cover companies. On bid day, the only qualified bidder to submit a proposal was Dittmer. We made every effort to solicit a bid from both Peachtree and Perfection but they made it clear they were not participating in the bidding for CAT. Dittmer's proposal to "all bidders" was for $1,000,000 (See Tab 3). There were two alternative (non - approved) vendors that submitted proposals on bid day that were substantially lower than Dittmer's ($624,000 and $767,500, See Tab 3). Lodge identified a value of $845,152 (See Tab 2) for Division 10 on their bid summary so they clearly did not include a proposal from an approved vendor. MCF received the proposals from the non - approved vendors and offered them as part of the "List of Voluntary Alternatives ". MCF offered a savings of $250,000 - $300,000 for the alternative vendors (See Tab 4). Accepting the alternatives presented by MCF (that were incorrectly included within Lodge's base bid) reduces our number substantially below Lodge's bid. After speaking with Richard Maxey of Perfection Architectural Systems, I learned that Lodge confirmed that they made a mistake on bid day regarding the Protective Covers and they needed Perfection Architectural Systems to provide a proposal after the bid. In essence, Lodge failed to identify their canopy supplier on the form and bid- shopped their way out of their mistake on bid day. State Statute 255.0515 and the "List of Major Subcontractors" form are intended to eliminate this damaging practice. In addition to both the state statute and the required List of Major Subcontractors form, the following question and subsequent answer are on the County's website as part of the Q &A: (1/13/2012 5:07:37 PM Eastern) Question: Will general contractor have to list the sub - contractors they plan to use as part of the submitted bids? this helps eliminate the ongoing issue of bid shopping on these projects per the Florida statutes for state funded projects. (1/17/2012 2:45:38 PM Eastern) Answer: Yes, the general contractor is required to list sub - contractors they plan to use as part of the submitted bid. Any changes after award would have to be approved by the County's Project Manager. b. Bidders Checklist: Item #4 on the Bidders Checklist provided by the County reads "Any 4t. required drawings, grant forms descriptive literature, etc. have been included" and the Packet Page -818- 3/13/2012 IItteem 11.A. VYV top of the form reads " Important: Please read carefully, sign in the spaces indicated and return with your Bid" (See Tab 5). As per the information provided, Lodge failed to provide the required information with their bid (See Tab 6). In addition to Lodge failing to meet the requirements set forth by the County, the information provided post -bid contradicts the information provided on bid day. As per Lodge's "List of Major Subcontractors ", Lodge (not a subcontractor) will be performing the Concrete and Masonry for the project. As per the "Anticipated DBE Participation Statement" that was submitted on January 26, 2012 (6 -days after the bid date), Lodge identifies Southwest Construction as their only DBE subcontractor and identifies their scope of work as Concrete and Masonry (See Tab 7). 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes and constitutional provisions entitling the protesting party to relief: a. List of Major Subcontractors: The bid form required the GC's to list their major subcontractors. Lodge failed to list the 2 largest subcontractors on the project (See Tab 1 and 2). • b. Voluntary Alternates: If the County accepts the Voluntary Alternate to use the alternative canopy manufacturer, MCF's bid would be roughly $100,000 lower than Lodge's (See Tab 4). It appears that Lodge included the alternate manufacturer in their base bid (See Tab 2). c. Bidders Checklist: The Bidders Checklist required the GC's to submit the grant forms with their bid. Lodge failed to submit the required forms with their bid (See Tab 6). d. State Statute 255.0515 (See Tab 8): Said statute reads "With the respect to state contracts let pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or this chapter, relating to public buildings, the contractor shall not remove or replace subcontractors listed in the bid subsequent to the lists being made public at the bid opening, except upon good cause shown ". Failing to properly read and understand the specifications does not constitute "good cause ". e. Excerpt from previous lawsuits (See Tab 9): "In Florida, the Legislature sought to curb the evil of bid shopping in state contracts by introducing section 255.0515 of the Florida Statutes. In E.M. Watkins & Co., Inc., v Board of regents and Winchester Construction & Engineering, 414 So. 2d 583, 588 (Fla. 1" DCA 1982), a contractor appealed a finding that its bid was non - responsive because it did not list all its subcontractors as required by 255.0515. In denying the appeal, the First District explained some of the strong public policy reasons for enforcing bid listing requirements, noting that allowing a contractor to avoid identifying its subcontractors could: Allow the potential for speculation, by use of a phantom price and efforts to shop that item or trade until a subcontractor can be found at the speculative contract price, and permit a successful bidder to accept additional subcontractor bids after the bid opening, giving the 0 Packet Page -819- 3/13/2012 Item 11.A. «A I 79 opportunity for undercutting the low subcontractor on whom he relied in formulating his bid ". S. A demand for the relief to which the protesting party deems himself entitled: The information provided clearly indicates that Lodge Construction's bid should be deemed non - responsive. MCF hereby requests that Lodge Construction's bid be withdrawn and the Collier Area Transit (CAT) Intermodal Station project be awarded to MCF. 6. Such other information as the protesting party deems to be material to the issue: We have included an article regarding a similar circumstance where Collier County disqualified the low bidder for not following the specifications (See Tab 10). MCF values the long- standing relationship with Collier County Government, the Purchasing Department and the Facilities and Maintenance Department and sincerely regrets the fact that we are protesting this Recommendation of Award. However, the integrity of the County's procurement process is important to the citizens of the county and we feel it is our duty to ensure the integrity is not compromised on the project. We hope that you will agree with us, and find Lodge Construction's bid non - responsive and award the contract to MCF. If the timin g of our protest places the funding for this project in jeopardy and potentially causes hardships for the residents of Collier County, then we will respectfully withdraw our protest. Please contact me at 239 - 777 -5692 so we can schedule a meeting to discuss this matter further. Sincerely, Manhatta truction (Florida), Inc. Peter Tuffo Vice President /South Florida Area Manager Packet Page -820- 11 3/13/2012 Item 11.A. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories. outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses; certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found. to be non- compliant with this requirement either, before or after the issuance of the Award of Contract by Owner.. (Attach additional sheets as needed).. Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with 'the requirements of the Contract Documents, the Successful Bidder shall 'identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently: identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Lodge Construction, Inc. Concrete Masonry 2.161 McGregor Blvd, Ft. Myers, F1 3.3901 2 Beaumont .Electric Company, Inc Electrical 4584 Mercantile Ave.. .4E. Naples, FL 34144 3. Precision Plumbing Services Inc. Plumbing 17031 -2 Alice, Commerce St,Ft Myers,FL 33967 4. Conditioned Air 14ZAC 3756 Mercantile Ave,Naples,FL 34104 5. Advanced Roofing & Sheet Metal Rooting 2326 Bruner Ln, Ft Mvers, FL 33912 Packet Page -822- 15 It u a C O N C F a OC �s c H d Q d 0 m o. v cd i Vf G. 1 off. U W Q 3/13/2012 Item 11.A. 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N NNE N NN N NN N N NN"D N NN o N NN O O -R EI \\ D \\ \ \\ \ \\ q \ \\a \ \\ \ \\ \ \np \ \ \\ of \ \\ N N B rOIrNl d N Nm N NrNI N r01rN1 lC6£ r rOle N e�IrNl r rol R RrNI• r r�lNp r rWIN o uV4 u 94 "1 9 94 v4 O 9 94 "1 w w4 Z QQ v vJ ' vv v v v v v v v vv r r pp v m T % Packet Page -827- Jan.18, 2012 4:46PM Dittmer PROPOSAL ��EfittML3 ARCI- IITECTURAL. ALUMINUM To: All Bidders REVISED No. 3/13/2012 Item 11.A. Proposal No.: 1111 -74R January 18, 2012 Project: Collier Area Transit Intermodal Transfer Station Transfer Platform Canopy Naples, FL We propose to furnish the following materials and/or services for: ONE MILLION AND NO1100 DOLLARS * *814,000,000.00** Base Bid This proposal includes: All material and labor to furnish and install a Ditt -Deck' Extruded Aluminum Walkway Cover — approximately 4,586 square feet using 6' Soffit deck, beams and columns as directed by engineering and 318' acrylic with an A -31 clear anodized finish on all aluminum components. Includes footing design only. Alternate #1— Including sunscreen, stair cover and bridge cover >>>Add $246,000. The sunshades have a value of $131,600. • Complete Installation Included • 1 Year Standard Warranty • Florida Use Tax in lieu of Sales Tax (as directed by the State of Florida) • Signed and Sealed Calculations by Dittmar's Professional Engineer This is a site - specific, custom designed structure, not subject to Florida or Dade County manufactured product control approval. Miami -Dade NOA is not available. Our Florida Licensed Professional Engineer will provide signed and sealed calculations verifying structural compliance with the Florida Building Code, This proposal DOES NOT include: Performance & Payment Bonds Concrete and Electrical Work Permits Footings Column Covers Walt Accepted by & Date This proposal is good for thirty days frorfi date of issue. Subject to terms and conditions on reverse. SRRIdg Inc. dba Aluminum Estimator ioo6 S C—PARD ROAD .Jittd k. v!/INTGR SPRINGS. I =LORIC ec com Packet Page -828- TOLL PREE 800.822.1755 PPONQ 407.6oq.1755 • j:A 407.005.4430 Jan. 1 B. 2912 4: 46PM D i t tme r No 3/13/2012 Item 11.A. TERMS AND CONDITIONS Addendum to Terms and Conditions Furnish Only Sales All sales as a supplier or furnish only projects are required to pay 25% of project proposal amount as a project deposit. Progress payments will be invoiced based upon each project's Schedule of Values as determined by WDS, Inc. All outstanding invoices must be paid prior to project shipping. General Terms and Conditions ACCEPTANCE: This proposal will cancel and supersede all previous verbal or written proposals. It is rendered for prompt. acceptance and is subject to change without notice. Should other purchase order or contract forms be used, this proposal is to be referred to and made on integral part thereof. TERMS: Materials -net 30 days from date of shipment. Installation payments to be made by the 10 of each month covering 90% of that portion of the work performed during the previous month with final payment to be made within 30 days after completion of the work covered by this contract. CREDITe This proposal is made subject to satisfactory credit standing. Reasonable doubt of the buyer's financial responsibility during the course of the contract shall entitle us to stop operations, decline shipment or stop any materials in transit, without liability, until the buyer, shall have paid for the materials or have satisfied us of his financial responsibility. PAYMENT= Payment is to be made to DITTMER ARCHITECTURAL. ALUMINUM in Winter Springs, FL. Should council be called to collect, buyer shall pay reasonable legal fees and costs, some litigation to take place in the state of Florida under Florida low; and buyer shall pay interest on the unpaid balance, accumulating at the "going rate" or a minimum of 6% per annum, or a fraction thereof. DELIVERY: We reserve the right to ship all materials as and when fabricated. Free storage space to be provided by purchaser at the ,jobsite. PERFORMANCE: We do not accept responsibility for delayed shipments and deliveries occasioned by strikes, fires, accidents, delays of common carriers or other causes beyond our control, including delays in receiving materials or parts obtained from other sources. • FIELD WORK: On contracts requiring field work, our proposal is based upon continuous performance, unless otherwise noted on reverse side. We ore to be given written notice from customer two weeks in advance of date work is to begin, if the condition of the premises delays us in starting or completing our work when our men are sent in pursuance of your notification, you agree to reimburse us for the loss of their time, board, traveling expenses and any other expense which may be caused by such a delay, and you again are to send us notice as above. When installation forms no part of our contract, attendance at the site by our workmen for adjustment or correction of installation either during or after installation by others, is not included In this proposal and if requested by the purchaser, it will be considered by us as an extra order, and charged for in the amount of our disbursements for wages and expenses incurred. PROTECTION OF WORK: We shall not be responsible for damages to our work resulting from carelessness or mistreatment on the part of anyone not in our employ. When our work is turned over to you as "finished" you shall thereafter assume the duty of protecting and caring for same, and any protection required for our work after it is finished by us shall be provided by you. WORKING HOURS: All work done under this contract is to be done during regular working hours unless otherwise provided herein. BACKCHARGES: Any charges against us for labor or materials supplied by you will not be paid by us unless some have been ordered in writing by ourselves and the amount of charges for some approved by our foreman on the job at the time, such materials, services or labor were supplied. BOND: if a surety bond is required in connection with this contract, the amount of premium must be added to the contract price. GUARANTEE,. Defective materials covered by our guarantee shall be repaired or replaced, but this guarantee shall not form the subject of a claim for labor or other expenditures incurred by the purchaser or any other party in consequence of such defect. A standard one (1) year guarantee is included. F- -I L Packet Page -829- 0 k Packet Page -830- § ( | 3/13/2012 I m 11. w �k /!/ �| �k |§M $§QE£ ! » r \.. ®(GEw §k |�» °� § §§o ° , r @ƒ \© + 2 | \ \)2\ . \('7. |; §k §�0 § | �! ; ;_ © ■ « !(/ | §; 2 k� ` § \ \ _;§ - j ( 7& ` IF 7 / } k\ | « M ° � ' 'M , | a § 2 / § � � . ° � . g }_EzJ■ � _ \ /(■\ | %!| | k © ©° -� 2 \( \ � ` f!| |�■ ! �\ \ \ ! \ §§ 4 -4 _ K j> t - - - - - - - - - - - - - - - - - - - I I It - - - - - - - Packet Page -830- § ( 0 • CONTRACTOR NAME Manhattan Kraft Construction 3520 Kraft Road Naples, Florida 34105 3/13/2012 Item 11.A. Bid Proposal Architectural Metals of SW Florida, Inc. 4700 Laredo Avenue Fort Myers, FL 33905 DATE 1/19/2012 CGC1506247 PROPOSAL NO. 2012012 ZONE (239) 334 -7433 FAX (239) 694 -9085 www.architecturalmetalsinc.com PROJECT NAME CAT Intermodal Transfer Station DIVISION OF WORK 107300 Protective Covers PROJECT ARCHITECT ATKINS DATE OF PLANS aiznioni l ITEM SCOPE OF WORK WRITTEN DESCRIPTION CITY The following items represent an estimate of cost for all services, labor, material, equipment and taxes for a pre - engineered aluminum protective cover system based upon the prepared plans listed above with acknowledgments to addendum No. 1 (12/20/11) No. 2 (12/20/11) No. 3 (1/12/12) No. 4 (1/13/12) and No. 5 (1/13/12). BID PROPOSAL - AWS BASE BID 6,201 Pre - engineered Structural Aluminum & Acrylic Walkway Cover per Sheet A503 Transfer Platform 378'x 14' -6" ; System to include water -tight flashing at existing parking garage per Plan View #1 /A -503. Acrylic Protective Cover 180'x 10'; (165) 1/4"x 2'x 6' Acrylic panels integral to walkway cover System components to be of a Clear Anodized Finish. Fascia Custom Finish to be selected. Acrylic Panel Color to be selected. New Column Wraps to match existing, Alucobond System, Column Foundations Included This Proposal does NOT include PVC drain or aluminum composite panel per Section Cut #1 /A -506. Engineered Shop Drawings and Supporting Structural Calculations provided by: Structures Design and Consulting; Keith Blackwell, P.E. iz, Diu riuposai contains contident ±al information and is intended only for the above named Customer. If you are riot the Customer you should not disseminate, distribute or copy this Bid Proposal. Please notify Architectural Metals immediately if you have received this Bid Proposal by mistake and delete this from your system. TOTAL SCOPE OF WORK BID PROPOSAL AMOUNT • SIGNATURE rmsv_ pj5�'�_ Estimator for A chitectural Metals f W Florida, Inc. Packet Page -831 - rage 7 Ci opt CONTRACTOR NAME Manhattan Kraft Construction 3520 Kraft Road Naples, Florida 34105 3/13/2012 Item 11.A. Bid Proposal Architectural Metals of SW Florida, Inc. 4700 Laredo Avenue Fort Myers, FL 33905 DATE 1/19/2012 CGC1506247 PROPOSAL NO. 2012012 ONE (239) 334 -7433 FAX (239) 694 -9085 www.architecturaimetalsinc.com PROJECT NAME CAT Intermodal Transfer Station DIVISION OF WORK 107300 Protective Covers PROJECT ARCHITECT ATKINS DATE OF PLANS 9/30/2011 ITEM SCOPE OF WORK WRITTEN DESCRIPTION QTY BID PROPOSAL - AWS ALTERNATE NO. 1 New CAT Offices Addition 1 - Pre - engineered Aluminum Sun Screen ........ .................ADD$135,000.00 New Stair Cover, New Bridge Cover and Continuation of Transfer Platform Cover Clear Anodized Finish, Fascia Custom Color to be selected - Exterior Stair and Bridge 42" Aluminum Picket Rails ........... ADD$12,760.00 2 "x.125 SQ Post, 1 -1/2 "x.125 SQ Horizontal Rails, 3/4 "x.093 Pickets, 1 -1/2" DIA Handrail, Base -plate connection, tubes w /radius corners per A- 531/1 -6 Clear Anodized Finish; Approx. 92LF +/- All work associated with this bid proposal is to be performed by employees of Architectural Metals; including fabrication and field installation. This Bid Proposal contains confidential information and is intended only for the above named Customer. If you are not the Customer you should not disseminate. distribute or copy this Bid Proposal. Please notify Architectural Metals immediately if you have received this Bid Proposal by mistake and delete this from your systern. TOTAL SCOPE OF WORK BID PROPOSAL AMOUNT $767,560.00 SIGNATURE 6 Estimator for A chitectural Metals f W Flodda, Inc. Page 2 Packet Page -832- • 905 Ponder Ave, Sarasota, FL 34232 Office: 941.371.3502 www.mulletsaluminum.com Manhattan Construction 3520 Kraft Road Naples, FL 34105 Phone: 239.643.6000 Fax: 239.643.0090 January 20, 2012 Re: CAT Transfer Station Attention: Ben Rounds 3/13/2( MULLE' ALUMINUM PRODUCTS ZIT INC. This estimate includes Aluminum Railing, Aluminum Sunscreen, and Canopy for CAT Transfer Station, as shown in plans dated September 30, 2011. Includes addenda 1 -5. Aluminum Canopies — 1 . Fabrication and installation of aluminum canopies at the walkway cover, stairwell cover, and bridge cover. 2. Walkway canopies to be fabricated with 6" mating WWC -17 pan and WWC -19 cap, 1/4" tinted Lexan, 8" x 42" custom fascia, 12" x 12" posts with integral downspouts, solid rod • strut supports, and aluminum extrusion as per plans. 3. Includes clear anodized finish on all extrusion, except the fascia which is a powder coated custom color and the 12" x 12" columns which will require painting in the field. 4. Includes concrete footings and setting posts. 5. Includes engineered shop drawings and hoisting and staging equipment. Base Bid: Entry Canopy M, L ... $ 624,972.00 Alternate #1: Entry Canopy Addition M, L ... $ 17,088.00 Stairwell Canopy M, L ... $ 29,464.00 Bridge Canopy M, L ... $ 4,152.00 Alternate #1: Aluminum Sunscreens — 1. Fabrication and installation of aluminum sunscreens as per plans. 2. Sunscreens to be fabricated with 3" x 12" purlins and outriggers with a 8" x 42" custom fascia. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. M, L ... $ 78,132.00 Packet Page -833- 3/13/2012 Item ' Alternate #1: Aluminum Stair Rail — 1. Fabrication and installation of 79' of aluminum welded picket guardrail and 48' of handrail at both sides of stairs. Includes railing at exterior stair only. 2. Railing to be fabricated with 1 -1/2" round posts, 1 -1/2" round top and bottom rail, and 3/4" round pickets. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. 5. Pricing contingent on award of the canopy contract. M, L ... $ 7,800.00 Aluminum Column Covers - 1. Fabrication and installation of aluminum column covers for eleven (11) canopy columns. 2. Column covers are to be fabricated from 1.25" square tube framing and Alcoa Reynobond 4mm PE panels with W reveal. 3. Includes Reynobond Colorweld 300 standard color choice. 4. Includes engineered shop drawings. 5. Includes necessary attachments. M, L ... $ 34,561.00 Additional notes: - All pricing in this quote is good for 60 days from listed date. After the 60 days, prices are subject to change due to volatile market on material. - 3 year labor from Mullet's Aluminum Products, Inc. and manufacturer's warranties apply to all products. Maintenance is not included. - Project Contractor is responsible for all necessary permits. - Payment and Performance bond is available at additional charge of 1.4%. - This estimate is preliminary, and is subject to revision prior to both parties final approval. Thank you for the opportunity to bid on this project. Jay Coblentz Director Mullet's Aluminum Products, Inc. Phone (941) 371 -3502 Fax (941) 378 -5676 E -mail jay @mulletsaluminum.com Packet Page -834- • • • 905 Ponder Ave, Sarasota, FL 34232 Office: 941.371.3502 www.mulletsaluminum.com Manhattan Construction 3520 Kraft Road Naples, FL 34105 Phone: 239.643.6000 Fax: 239.643.0090 January 19, 2012 Re: CAT Transfer Station Attention: Ben Rounds 12,04 MU/13/2012 Item 11.A. LMLOrm 1 0 ALUMINUM PRODUCTS INC. This estimate includes Aluminum Railing, Aluminum Sunscreen, and Canopy for CAT Transfer Station, as shown in plans dated September 30, 2011. Aluminum Canopies — 1. Fabrication and installation of aluminum canopies at the walkway cover, stairwell cover, and bridge cover. 2. Walkway canopies to be fabricated with 6" mating WWC -17 pan and WWC -19 cap, 1/4" tinted Lexan, 8" x 42" custom fascia, 12" x 12" posts with integral downspouts, turnbuckle cable supports, and aluminum extrusion as per plans. 3. Includes clear anodized finish on all extrusion, except the fascia which is a powder coated custom color and the 12" x 12" columns which will require painting in the field. 4. Includes concrete footings and setting posts. 5. Includes engineered shop drawings and hoisting and staging equipment. Base Bid: Entry Canopy M, L ... $ 633,519.00 Alternate #1: Entry Canopy Addition M, L ... $ 17,458.00 Stairwell Canopy M, L ... $ 29,464.00 Bridge Canopy M, L ... $ 4,152.00 Alternate #1: Aluminum Sunscreens — 1. Fabrication and installation of aluminum sunscreens as per plans. 2. Sunscreens to be fabricated with 3" x 12" purlins and outriggers with a 8" x 42" custom fascia. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. M, L ... $ 78,132.00 Packet Page -835- 3/13/2012 Item 11.A. Alternate #1: Aluminum Stair Rail — 1. Fabrication and installation of 79' of aluminum welded picket guardrail and 48' of handrail at both sides of stairs. Includes railing at exterior stair only. 2. Railing to be fabricated with 1 -1/2" round posts, 1 -1/2" round top and bottom rail, and 3/4" round pickets. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. 5. Pricing contingent on award of the canopy contract. M, L ... $ 7,800.00 Additional notes: - All pricing in this quote is good for 30 days from listed date. After the 30 days, prices are subject to change due to volatile market on material. - 3 year labor from Mullet's Aluminum Products, Inc. and manufacturer's warranties apply to all products. Maintenance is not included. - Project Contractor is responsible for all necessary permits. - Payment and Performance bond is available at additional charge of 1.4 %. - This estimate is preliminary, and is subject to revision prior to both parties final approval. Thank you for the opportunity to bid on this project. Jay Coblentz Director Mullet's Aluminum Products, Inc. Phone (941) 371 -3502 Fax (941) 378 -5676 E -mail jay @mulletsaluminum.com Packet Page -836- 0 905 Ponder Ave, Sarasota, FL 34232 Office: 941.371.3502 www.mulletsaluminum.com Manhattan Construction 3520 Kraft Road Naples, FL 34105 Phone: 239.643.6000 Fax: 239.643.0090 January 19, 2012 Re: CAT Transfer Station Attention: Ben Rounds 3/13/2012 Item 11.A. MULLET'S ALUMINUM J7 PRODUCTS INC. This estimate includes Aluminum Railing, Aluminum Sunscreen, and Canopy for CAT Transfer Station, as shown in plans dated September 30, 2011. Aluminum Canopies — 1. Fabrication and installation of aluminum canopies at the walkway cover, stairwell cover, and bridge cover. 2. Walkway canopies to be fabricated with 6" mating WWC -17 pan and WWC -19 cap, '/" tinted Lexan, 8" x 42" custom fascia, 12" x 12" posts with integral downspouts, turnbuckle cable supports, and aluminum extrusion as per plans. . 3. Includes clear anodized finish on all extrusion; except the fascia which is a powder coated custom color and the 12" x 12" columns which will require painting in the field. 4. Includes concrete footings and setting posts. 5. Includes engineered shop drawings and hoisting and staging equipment. Base Bid: Entry Canopy M, L ... $ 633,519.00 Alternate #1: Entry Canopy Addition M, L ... $ 17,458.00 Stairwell Canopy M, L ... $ 29,464.00 Bridge Canopy M, L ... $ 4,152.00 Alternate #1: Aluminum Sunscreens — 1. Fabrication and installation of aluminum sunscreens as per plans. 2. Sunscreens to be fabricated with 3" x 12" purlins and outriggers with a 8" x 42" custom fascia. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. M, L ... $ 78,132.00 Packet Page -837- D 3/13/2012 Item 11.1 Alternate #1: Aluminum Stair Rail — 1. Fabrication and installation of 79' of aluminum welded picket guardrail and 48' of handrail at both sides of stairs. Includes railing at exterior stair only. 2. Railing to be fabricated with 1 -1/2" round posts, 1 -1/2" round top and bottom rail, and 3/4" round pickets. 3. Includes powder coat finish in Mullet's standard color choice. 4. Shop drawings to be approved prior to commencement of work. 5. Pricing contingent on award of the canopy contract. M, L ... $ 7,800.00 Additional notes: - All pricing in this quote is good for 30 days from listed date. After the 30 days, prices are subject to change due to volatile market on material. - 3 year labor from Mullet's Aluminum Products, Inc. and manufacturer's warranties apply to all products. Maintenance is not included. - Project Contractor is responsible for all necessary permits. - Payment and Performance bond is available at additional charge of 1.4 %. - This estimate is preliminary, and is subject to revision prior to both parties final approval. Thank you for the opportunity to bid on this project. Jay Coblentz Director Mullet's Aluminum Products, Inc. Phone (941) 371 -3502 Fax (941) 378 -5676 E -mail jay @mulletsaluminum.com Packet Page -838- 3/13/2012 Item 11.A. Manhattan Builrlirtg errrllence. CAT Intermodal Transfer Station at Collier County Government Center List of Voluntary Alternates Voluntary Alternates: 1. Provide 20 Gal Round Cambridge Trash Receptacle w. Dome Top Lid & Powder Coat Finish in lieu of specified Trash Receptacle. Deduct ($3,600) 2. Provide 20 Gal Round Cambridge Recycling Receptacle w. Dome Top Lid & Powder Coat Finish in lieu of specified Recycling Receptacle. 3. Provide alternate "As Equal' light fixture package. Deduct ($3,400) Deduct ($30,000 - $50,000) 4. Provide alternate walkway cover structure by alternative manufacturer (if approved). Deduct ($250,000 - $300,000) Packet Page -840- 3/13/2012 Item 11.A. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read: carefully, sign in the spaces_ indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: V1. The Bid has been signed. ✓ 2. The Bid prices offered have been reviewed. 3. The price extensions: and totals have been checked. +/ 4. Any required drawings; grant forms, descriptive literature; etc. have been included. v" & Any delivery information required is. included. t� 6. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 7. Certificate of Authority, to Conduct Business in State of Florida. V'& Collier County's,.Substitute W -9 ve 9. If required, the amount of Bid band has been checked, and the Bid bond or cashier's check has been included. ✓ 10. Any addenda have been signed and included. ✓11. The mailing; envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The. mailing envelope m s be sealed and marked with: c-->Bid Number: *Project Name; s*Opening Date. 13_ The Bid will be mailed or delivered in tithe to be received no later than the specified opening date and time otherwise Bid cannot be considered. ALL COURIER- DEUVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET tructicn, Inc. Name &. Title Michael Dunn., Vice President. CAW: 1/19/12 4t 24. Packet Page -842- D EPLS Search Results 3/13/2012 Item 11.A. Search Results Excluded By Firm, Entltv. or Vessel : lod a constru Lion as of 23-Jan -2012 3:58 PM EST AFVC -41 31l0 Aar Your search returned no results. https://www.epls.gov/epls/search.do?RM—nam( Packet Page -844- on&status= current&getre.. 1/23/2012 3/13/2012 Item 11.A. STATE OF FLORA DEFARTAtM OF TRMSPORTAMM 7/3430-12 ANTICIPATED DBE PARTICIPATION STATEMENT (`ADBEPS`) EOUALOMRn ° LOCAL AGENCY PROGRAM 1. FOOT LAP AGREEMENT# 2. FOOT LAP 3. LOCAL AGE3VCY1 4. LOCAL AGENCY NAME AGREEMENT AMT CONTRACT it WITH PRIME TRIP and INTERMODAL $1,300,000.00 COLLIER COUNTY 420353 -1 -94-01 3. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR Lodge Construction, Inc. 65- 0021668 7. CONTRACT DOLLAR AMOUNT WITH PRIME I& FEID NUMBER OF LOCAL AGENCY $3,697,481.84 596-00 -0558 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED 110. IS THE WORK OF THIS CONTRACT DISADVANTAGED BUSINESS ENTERPRISE (DBE)? ❑ YES ONO CONSTRUCTION (@ MAINTENANCE ❑ OTHER? 11. IS THIS AN ADBEPS REVISION? ❑ YES ®NO If yes, revision number 12. ANTICIPATED DBE SUBCONTRACTS DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND DOLLAR PERCENT COMPANY NAME AND FEID NUMBER FOOT SPECIALTY CODE($) AMOUNT CONTRACT DOLLARS E: Southwest Construction wom Concrete & masonry A Services of SW FL., Inc. $345,635.00 9.35% D: 20- 3476560 EC CODE 0330001 042223 B NAME: WORK: 0.00% FEID: SPEC CODE: NAME: WORK: 0.00% FEID: SPEC CODE: NAME: WORK: 0.00% EID SPEC CODE E NAME: WORK: 0.00% ID SPEC CODE: 11A TOTAL DOLLARS TO OBE's Rt! IOTALFUM OF F $345,635.001 9.35 °k SECTION TO BE FILLED BY PRIME CONTRACTOR 13, NAME OF SUBMITTER 114. 15. TITLE OF SUBMITTER Michael Dunn 1127/2012 President 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMI R 17. FAX NUMBER 1S. PHONE NUMBER Mike(yodgeconstruction.com 239 - 332 -0218 239 - 332 -4371 SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 20 .DATE 21. TITLE OF suamn-rER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FDOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE LAP NAIIE DATE TO ED OFFICE EZC1ITED DATE (LAP EXECUTED DATE (BErWEE N PRE-CONSTRUCTION C.I. LECTRONICALI. LOCAL AGENCY AND PRIIM CONFERENCE DATE Packet Page -846- 3/13/2012 Item 11.A. Florida Laws: FL Statutes - Title XVIII Public Lands and Property Section 255.01 Proceeds of insurance may be used to replace property destroyed. Legal Research Home > Florida Laws > Public Lands and Property > Florida Laws: FL Statutes - Title XVIII Public Lands and Property Section 255.01 Proceeds of insurance maybe used to replace property destroyed. 255.0515 Bids for state contracts; substitution of subcontractors. With respect to state contracts let pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or this chapter, relating to public buildings, the contractor shall not remove or replace subcontractors listed in the bid subsequent to the lists being made public at the bid opening, except upon good cause shown. History. - -s. 1, ch. 78 -389; S. 928, ch. 2002 -387. Sections: Previous 255.041 255.042 255.043 255.045 255.047 255.05 255.051 255.0515 255.0516 255.0517 255.052 255.0525 255.0705 255.071. 255.072 Next ILI Last modified: March 26, 2010 Packet Page -848- IL -ik. k fir. Packet Page -849- 3/13/2012 Item 11.A. 71 a 3/13/2012 Item IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT, STATE OF FLORIDA CASE NO. 4D 11408 WEST CONSTRUCTION, INC. Appellant V. FLORIDA BLACKTOP, INC. Appellee APPEAL FROM THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL- CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA L.T. CASE NO. 502009CA035159XXX M B AMICUS CURIAE BRIEF OF AMERICAN SUBCONTRACTORS. ASSOCIATION, INC. IN SUPPORT OF APPELLEE, FLORIDA BLACKTOP, INC. Kegler, Brown, Hill, & Ritter, L.P.A. Eric B. Travers Pro Hac Vice ETravers@keglerbrown.com 65 East State Street, Suite. 1800 Columbus, OH 43215 Telephone: (614) 462 -5400 Facsimile: (614) 464 -2634 Counsel for Amicus Curiae American Subcontractors Association, Inc. Touron Law Francisco'Touron, III Florida Bar No. 527319 Frank@Touronlaw.com. 3850 Bird Road, Suite 302 Miami, FL 33146 Telephone: (305) 441 -9355 Facsimile: (305) 441 -0051 Counsel for Amicus Curiae American Subcontractors Association, Inc. Packet Page -850- . . TABLE OF CONTENTS • 3/13/2012 Item 11.A. IDENTITY AND INTEREST OF THE AMICUS CURIAE . ............................... 1 SUMMARY OF THE ARGUMENT ........... ............................ ............................... 3 ARGUMENT.......... ........ ......................... ............................... ......... .......... .. 4 I. The right to control the terms of your offer is well established and should not be infringed. ....:. . .................................... .....................I......... 7 A. Bid Shopping is detrimental to public interest .......... .............................11 B. Nest's bid shopping did not negate its acceptance of Florida Blacktop's offer... ................. ............................... .. .....13. H. Bid conditions that act to discourage bid shopping are enforceable and should be encouraged. ............ ................... ............. .............................14 III. The trial court properly denied West's Motions because there was ample evidence to support the jury's verdict... ......................... .............................16 CONCLUSION............................ ................................. .............................18 CERTIFICATE OF SERVICE ...............................:.............. ............................... 20 CERTIFICATE OF COMPLIANCE............ ............................. ......................:......20 i Packet Page -851- 3/13/2012 Item 11.A. TABLE OF AUTHORITIES Federal Cases Electrical Construction & Maintenance Co., Inc. v. Maeda Pac. Corp., 764 F.2d 619 (9th Cir. 1985) ......................... .. ............ ............................... 6 Scheck v. Burger King Corp., 798 F. Supp. 692 S.D. Fla. 1992 16 State Cases Baron v. Osman, 39 So. 3d 449,451 (Fla. 5th DCA 2010) .................... I ............ ... 10 Bullock v. Harwick, et.al., 30 So.. 2d 539 (Fla. 1947) ............... ............................ 7 Collins v. School Bd. of Broward County, 471 So. 2d 560 (Fla. 4th DCA 1985) ............................................................. ............................... 17 Conduit & Foundation Corp. v. City of Philadelphia, 401 A.2d 376 (Pa. Commw; Ct. 1979) .................. ............................... ......... ............................... 12 Contreras v. U.S. Sec. Ins. Co., 927 So. 2d 16 (Fla. 4th DCA 2006) .................... 17 r. E.M. Watkins .& Co., Inc., v. Board of Regents and Winchester Construction & Engineering, 414 So. 2d 583 (Fla. 1st DCA 1982).. ............................... 11112 George & Lynch, Inc. v. Div. of Parks & Recreation, Dept of Natural Resources & Envtl. Control, 465 A,2d 345 (Del. 1983) ........................ ............................... 12 Gillespie v. Bodkin, 902 So. 2d 849 .(Fla. 1st DCA 2005).- ..... ................ 4.............. 7 Hendricks v. Dailey, 208 So. 2d 101 (Fla. 1968) ..................... ............................... 16 McCray v. Allstate Ins. Co., 374 So. 2d 1077 (Fla. 1st DCA. 1979) ...................... 17 L&H'Const. Co., Inc. v. Circle Redmont, Inc., 55 So.3d 630 (Fla. 5th DCA 2011) ............................................................... ............................... 7 Nelson v. Ziegler, 89 So. 2d. 780 (Fla. 1956) .......................... ............................;.. 17 Pavel Enterprises, Inc. v. A.S. Johnson Co., Inc., 674 A.2d 521 (Md. 1996) ........ 12 Sheet Metal Employers' Assoc, v. Giordano, 188 N.E.2d 3.29 (Ohio C.P. 1963)...11 Stirling v. Sapp, 229 So. 2d 850 (Fla. 1969) ............................. ............................... 16 W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297 (Fla. 1" DCA 1999) . ....... . .................... ............................... 6,7 Webster Lumber Co. v. Lincoln, 115 So. 498 (Fla. 1927) .:.... ... ............................... 7 ii Packet Page -852- 3/13/2012 Item 11.A. Statutes • California Public Contract Code § 4101 (2011) ....................................................... 12 so 0 Fla. Stat. § 255.0515 ............ ........... ............................... ........... ..... ......... 11 Miscellaneous Authority Bid Shopping, AGC of America, http: / /www.agc.org /cs/ advocacy / legislative _activity /bidshopping (last visitedJuly 14, 2011) ........................................................... .............:................. 13 Eric Degn and Kevin R. Miller, Bid Shopping, J. CONBTR. EDuc., Spring2003 ............................................................ :............................................... 11 Restatement (Second) of Contracts § 205 (1990) ...... ................ ............................... 16 iii Packet Page -853- 3/13/2012 Item 11.A. IDENTITY AND INTEREST OF THE ANHCUS CURIAE Amicus Curiae, American Subcontractors Association, Inc. ("ASA ") 'is the largest national organization and foremost defender of, 'and advocate for, the interests of subcontractors, specialty contractors, and material suppliers throughout the United States. Today, ASA has approximately 5,000 .subcontractor members practicing in .virtually every state, including hundreds of businesses currently located in Florida and adjacent states. Subcontractors perform approximately 80 -90% of the work on commercial construction projects in the United States, like the Public Safety Multi Purpose Building project at issue in this dispute. Founded in 1966, ASA leads and amplifies the voice of subcontractors to improve the business environment in the construction industry and to serve as stewards of the community. ASA dedicates itself to improving the business environment in the .construction industry, with an emphasis on ethical and equitable business practices, quality construction, membership diversity, and integrity. In its 45 years, ASA has acted in the interest of all subcontractors by promoting education and legislative action, and promoting the equitable treatment of subcontractors. As part of this, ASA occasionally seeks leave to enter. an appearance as Amicus Curiae in significant legal actions that affect the industry. This is just such a case. 1 Packet Page -854- 3/13/2012 Item 11.A. After a three day trial, a jury found that Appellant, West Construction, Inc. ( "West ") contracted Appellee, Florida Blacktop, Inc. ( "Florida Blacktop ") to perform certain asphalt paving work on a project known as the Public Safety Multi Purpose Bldg., DHGA Project No. 20083900 (the "Project "). The jury found West breached that contract by later hiring another subcontractor for that asphalt work, effectively terminating Florida Blacktop without cause. Ultimately; the jury awarded Florida Blacktop its lost contract expectancies. West's appeal argues that the trial court wrongly failed to set aside the jury verdict when it denied West's Motion for Judgment Notwithstanding the Verdict ( "JNOV ") and deferred Motion for Direct Verdict (collectively the "Motions "). . West's appeal implicates a range of crucially important matters including: (1) whether subcontractors can effectively condition their bids to protect themselves, the public, and the integrity of the bidding process from the harms of bid shopping; (2) whether the implied covenant of good faith and fair dealing still applies to parties' dealings, and (3) a party's right to its contract expectancy when that expectancy is wrongly terminated. This matter thus .involves issues that reach far beyond the immediate parties to the dispute. ASA and its members have a vital interest in this case. The reversal urged by West would strip subcontractors of fundamental rights while encouraging . unethical, anti- competitive and economically harmful activities such as bid 2 Packet Page -855- 3/13/2012 Item 11.A. shopping. In an already difficult business climate, reversal would be adverse to the financial survival and well -being of numerous small businesses and thousands of Floridians who work for (or are employed by) subcontractors. SUMMARY OF THE ARGUMENT The jury verdict at issue rests atop a wellspring of well- established law and good policy. West's appeal threatens to poison that wellspring as the reversal it seeks would have tremendously negative legal and economic ramifications by encouraging unethical bid shopping and destroying the right of a bidder to control, its offer. It is an extremely high hurdle under Florida law to establish a right to a Motion for Directed Verdict or INOV. That hurdle is virtually impossible to clear where the result would overturn a jury verdict because such verdicts must be sustained unless there is no competent evidence (or inference from the evidence) on which the jury could rely. West does not come close to clearing this hurdle. The evidence here included (but was not limited to) evidence: (i) West solicited an offer from Florida Blacktop for the asphalt paving work on the Project, (ii) regarding the terms and consideration for which Florida Blacktop prepared the requested bid, (iii) of offer, acceptance, consideration, _ and breach, (iv) West identified Florida Blacktop to the Owner as its asphalt paving subcontractor, and (v) West terminated Florida Blacktop's contract expectancies by engaging in 3 Packet Page -856- 3/13/2012 Item 11.A. . unethical bid shopping to find, and ultimately contracting another subcontractor willing to undercut Florida Blacktop's price. The verdict is supported by record evidence, well - established Florida law, and sound public policy; thus.. this Court should affirm the Final Judgment. ARGUMENT West incorrectly states the issue on appeal as whether a bidder who "merely proposes the name of a subcontractor to the owner" is legally bound to contract with that subcontractor. Appellant's Initial Brief, at p. 1. This issue is a strawman because it does not fairly characterize the facts. The jury verdict did not result "merely" from the fact that West identified Florida Blacktop to the Village as its proposed asphalt paving subcontractor. To the contrary, as Florida Blacktop's Appellee brief details, this listing was merely one piece of a long chain of evidence supporting the verdict. The jury heard, for example, that West solicited a bid from Florida Blacktop to perform the asphalt paving work at the Project. R 51 (West's Invitation to Bid to Florida Blacktop); T 125, Ins. 4 -6; ( " ". This is an invitation to bid... "). Florida Blacktop then submitted a "Proposal/Contract" (the ` "bid ") to West. The bid included the following condition (in the .same font and size as the other bid conditions) regarding consideration for the offer and the parties' agreement as to manner of acceptance: • 1 T means trial transcript. R means record. 4 Packet Page -857- 71 3/13/2012 Item 11.A. Florida Blacktop, Inc. has devoted the time, money, and resources toward the preparation of this bid and as consideration therefore is submitting this bid to 'buyer' with the express understanding and agreement .of the parties that in the, event the buyer' in any way uses Florida Blacktop, Ins.'s . bid such as figures contained therein for purposes of shopping, the bid with third- parties ... competing with Florida Blacktop, Inc. for the work at issue and/or incorporating any portion of Florida Blacktop, Ins.'s bid in correspondence with third- parties .... in any way involved with the construction work on the project at issue such action(s) shall in all instances constitute acceptance of Florida Blacktop, Ins.'s bid and shall create a binding contract between the parties consistent with the bid documents. R 1 (emphasis added). At trial, Florida Blacktop's President testified that -the above language K. reflected his understanding of the parties' agreement: "If West uses my bid and gets the job, that we have an agreement, a contractual agreement." T 133, Ins. 15 -17. The evidence was that, in this regard, the offer spelled out both well accepted industry standards and Florida Blacktop's prior course of dealing with West. T. 133, Ins. 18 -23; see also T. 126, Ins. 1 -25 —T. 127, Ins. 1 -2. If West disagreed with the condition Florida. Blacktop included as an essential element to its offer, West could have put the bid aside and not used it. But, if West wanted to use the bid to win the Project, West had to accept the offer's terms. Record evidence confirms West relied upon the bid and accepted the offer, and as a result, the Project was awarded to West. T. 137, In. 11 -25; R. 10, T. 5 Packet Page -858- 3/13/2012 Item 11.A. Blacktop to the ''Tillage as its proposed "Asphalted concrete paving" subcontractor. R. 2, T. 139, In. 6 -12. Florida Blacktop then sent a letter to West (which West did not dispute) thanking it for the opportunity to work together on the .Project. R. 8, T. 144 -145. The above is more than enough_ under Florida law to sustain the jury's conclusion that there "was a contract. In N. R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 24 297, 302 (Fla.. Is' DCA 1999), the First District Court of Appeal of Florida held that. the threshold requirements for alleging the • existence of a contract are met where a subcontractor alleges it submitted its bid with the understanding it would be awarded the contract if its bid was low and the general contractor won the work. To support its decision, the First District cited Electrical Constr. & Maint Co., Inc. v. Maeda Pac. Corp., -764 F.2d 619 (9a Cir. 1985). In Maeda, the subcontractor alleged that --like Florida Blacktop here= it .agreed to bid on the condition that the contractor agrees to award it the subcontract if it was the low bidder and the contractor won the work. As West did here, the contractor disputed it agreed to that condition. The Ninth Circuit, however, rejected the contractor's . arguments and reversed the preliminary dismissal of the subcontractor's claim. 6 Packet Page -859- 152, Ins. 23 -25; T. 152 ( "[TJhey used my price, they put it on the schedule of values. "). The. day after bids were opened, West publically identified Florida Blacktop to the ''Tillage as its proposed "Asphalted concrete paving" subcontractor. R. 2, T. 139, In. 6 -12. Florida Blacktop then sent a letter to West (which West did not dispute) thanking it for the opportunity to work together on the .Project. R. 8, T. 144 -145. The above is more than enough_ under Florida law to sustain the jury's conclusion that there "was a contract. In N. R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 24 297, 302 (Fla.. Is' DCA 1999), the First District Court of Appeal of Florida held that. the threshold requirements for alleging the • existence of a contract are met where a subcontractor alleges it submitted its bid with the understanding it would be awarded the contract if its bid was low and the general contractor won the work. To support its decision, the First District cited Electrical Constr. & Maint Co., Inc. v. Maeda Pac. Corp., -764 F.2d 619 (9a Cir. 1985). In Maeda, the subcontractor alleged that --like Florida Blacktop here= it .agreed to bid on the condition that the contractor agrees to award it the subcontract if it was the low bidder and the contractor won the work. As West did here, the contractor disputed it agreed to that condition. The Ninth Circuit, however, rejected the contractor's . arguments and reversed the preliminary dismissal of the subcontractor's claim. 6 Packet Page -859- 3/13/2012 Item 11.A. Maeda Pac. Corp., 764 F.2d at 620. The First District approvingly cited Maeda for the proposition that consideration for subcontract formation may exist in the "subcontractor's submission of bid, an act bargained for that subcontractor was not under a legal duty to perform." Townsend, 728 So. 2d at 302 (citation omitted). I. The right to control the terms of your offer is well established and should not be infringed. In finding for Florida Blacktop, part of the evidence the jury considered was an express condition of the bid, prescribing how .'West could accept .Florida Blacktop's offer. This was proper. Florida law provides that a bidder (at all times) controls the terms of its offer, which includes the right to set "any conditions as to . .. mode of acceptance, or other matters which it may please him to insert in and make a part thereof ..." Webster Lumber Co. v. Lincoln, 115 So. 498, 504 (Fla. 1927) (citations omitted); Gillespie v. Bodkin, 902 So. 2d 849, 850 (Fla. 1st DCA 2005) (acceptance of offer must be in mode and manner of offer.). Acceptance of an offer (to create a contract) "may be in writing, by parol, or by acts." Bullock v. Harwick, et al., 30 So. 2d 539, 542 (Fla. 1947); see also, L&H Const. Co., Inc. v. Circle Redmont, Inc., 55 So.3d 630, 634 (Fla. 5th DCA 2011) ( "A valid contract arises when the parties' assent is manifested through written or spoken words, or `inferred in whole or in part from the parties' conduct "' (citation omitted)). The right to control your own bid offer is particularly important in construction. Subcontractors devote considerable time, energy and resources into 7 Packet Page -860- 3/13/2012 Item 11.A. • preparing their bids. An essential part of this process involves the right to condition bids by setting forth conditions and assumptions of the offer. This may include specifying the consideration for the bid, the parties' understandings and agreement regarding the solicitation and submission of the bid, and terms regarding how one can accept the offer, and the need to.keep the bid confidential. This is precisely why prudent subcontractors meticulously condition their bids.. A bid is an investment, and like any investment, bidding for construction work has costs and risks. 'In the real world of contracting, subcontractors typically base (and adjust) their bidding plans for future projects on the amount of work "in the pipeline" and under contract. This is necessary so that subcontractors avoid •either getting "spread too hn" or not having enough work to keep their employees busy and receiving paychecks. It also means there are long lasting financial ramifications when one's contract expectancy is wrongly terminated. Preparing a bid is costly. The first resources are spent to analyze invitations for bid and determine what projects .are a good fit given the resources allocated for current and expected projects. For projects that make this first cut, considerable time and money is, needed to obtain and review the applicable - plans and specifications to prepare estimates and bid proposals for the work. To do this, full- time professional estimators and support staff are needed. In addition, 8 Packet Page -861- 3/13/2012 Item 11.A. reproduction and document delivery costs are incurred together with necessary home office overhead expenses. Subcontractors who do not successfully bid a job will not recover any of those costs. Even the successful bidder will usually have to wait months before any of those "up front" bidding costs are finally reimbursed through its first pay application. Bidding is also risky. In theory, if a project is competitively bid and prices are solicited from more than one bidder, a subcontractor's bid represents its best price (i.e., the lowest price at which it believes it can perform the work, win the job, and still make a profit that will keep it in business). A subcontractor generally should not expect to win a job unless it is the "low" bidder. There is the risk of spending the resources and not being . "low ", and there is a risk that the. subcontractor will prepare a low bid but still not realize its contract expectancies. This can happen if it makes a mistake as it may have to "eat the loss" if the elements of promissory estoppel are met. And it can happen if the subcontractor is the victim of bid shopping. This is why keeping bids confidential is so important to -subcontractors: a competitor who knows your costs or pricing information has a treasure trove of valuable information to undercut your price. If that happens too many times, you will eventually go out of business, for lack of work. Bid conditions thus help 9 Packet Page -862- 3/13/2012 Item 11.A. • subcontractors protect their investments. in their low bids and can mitigate the risk of losing their contract expectancies through -bid shopping. Here, Florida Blacktop conditioned its offer on West's agreement that the occurrence of certain events or conduct by West would manifest Nest's intent to contract Florida Blacktop (and preserve Florida Blacktop's contract expectancies). This is entirely consistent with Florida law, where the control of one's offer and assent to a contract may be "manifested through written or spoken words or `inferred in,whole or in part from the parties' conduct." Baron v.. Osman, 39 So. 3d 449; 451 (Fla. DCA 5th DCA 2010) (emphasis added) (citation omitted). Florida Blacktop's offer expressly detailed that as consideration for its investment • 'd was being submitted -on the 'parties understanding that certain ;<n the bid, the bid g p g acts or conduct by West would manifest acceptance of the offer. When West used the bid and engaged in the conduct in question, a contract was .formed. A. Bid Shopping is detrimental to public interest. Bid shopping is an unethical practice whose harmful effects are recognized by courts, legislatures, and trade associations across the country. It is widely condemned because while it may bring isolated benefits to the party who practices it, its well - documented, detrimental results,include: • defeating the purpose of the competitive bid system; • promoting lower quality work; • incentivizing corner - cutting; increasing claims and change orders; 10 Packet Page -863- 3/13/2012 Item 11.A. . delaying project completion, and • generally worsening the business environment. See Eric Degn and Kevin R. Miller, Bid Shopping, J. CoNm. EDuc., Spring 2003, at 47.55. The Court of Common Pleas of Cuyahoga County, Ohio concisely touched on these problems when it observed that: Many hours are invested ... in preparing a bid for submission to the 4niime contractor]. The latter may then proceed to play one bidder against another, getting each in turn to shave its bid as much as it will. Estimated profit is drastically reduced and financial loss threatens. There is little satisfaction in such a contract. The temptation to do inferior work .and to cheat is strong. Sheet Metal Employers'.Assoc. v. Giordano, 188 N.E.2d 329 (Ohio C.P. 1963). In Florida, the Legislature sought to curb the evil of bid shopping in state contracts by introducing section 255.0515 of the Florida Statutes. In E M. Watkins & Co., Inc., v. Board of Regents and Winchester Construction & Engineering, 414 So. 2d 583, 588 (Fla. 1st DCA 1982), a contractor appealed a finding that its bid was non- responsive because it did not list all its subcontractors as required by §255.0515. In denying the appeal, the First District explained some of the strong public policy reasons for enforcing bid listing requirements, noting that allowing a contractor to avoid identifying its subcontractors could: [A]llown the potential for speculation, by use of a phantom. price and efforts to shop that item or trade until a subcontractor can be found at . the speculative contract price, and ... permit[] a successful bidder to accept additional subcontractor bids after the bid opening, giving 11 Packet Page -865- 3/13/2012 Item 11.A. the opportunity for undercutting the low subcontractor on whom he relied in formulating his bid. E.M. Watkins .& Co., 414 So. 2d at 587 (emphasis added). Florida is not unique in recognizing the pernicious effects of bid shopping. See e.g., California Public Contract Code § 4101 (2011), "[Slid shopping ... often result[s] in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair _competition among prime contractors and subcontractors, and lead to - insolvencies, loss of wages to employees, and other evils. "; Pavel Enterprises, Inc. v. A.S. Johnson Co., Inc., 674 A.2d 521, 528 (Md. 1996) (explaining the problems bid shopping creates); George & Lynch, Inc. v. Div. of Parks & Recreation, Dept of Natural Resources & Envtl. Control, 465 A.2d 345, 350 (Del. 1983) (Delaware General Assembly addressed bid shopping "and mandated the performance of certain requisites in order to eradicate that evil ") Conduit .& Foundation Corp. v. City of Philadelphia, 401 A.2d 376, 380 (Pa. Commw. Ct. 1979) (upholding injunction preventing contract award to bidder who listed multiple subs for same work, noting that "where only one bidder, the lowest, has been left the potential to reap the benefits of bid- shopping, then it cannot be :said that all the bidders competed on a fair and open basis "). Even the Associated General Contractors of America ( "AGC ") decries bid shopping. It states on its website that 12 Packet Page -866- 3/13/2012 11 • Bid shopping or bid peddling are abhorrent business practices that threaten the integrity of the competitive bidding system that serves the construction industry and the economy so well. AGC strongly believes that bid shopping and bid peddling cannot sustain long- term working relationships between prime and subcontractors. See Bid . Shopping, AGC of America, hqp: / /www.agc.ora /cs /advocacy /legislative activity/bidshopping (last visited July 14, 2011) (emphasis added). B. West's bid shopping did not negate its acceptance of Florida Blacktop's offer. Despite industry wide disapproval of the practice, bid shopping still happens. It happens because it is lucrative. This is because when a prime contract . is awarded on bid day, the owner accepts the general contractor's price. That price was based on a series of prices including those the contractor received from the original low bid subcontractors. Approximately 80 -90% of work on most large construction projects is performed by a wide variety of specialty trades (including everything from early trades like site demolition contractors to the later trades like the asphalt pavers and flooring/carpeting subs), Thus, if a general contractor can obtain a lower subcontract price for trade woik after winning the prime contract, the difference between the `new' (lower) and the original price is pure profit to the general contractor that it need not share with the owner. This is one reason bid shopping is widely found to be detrimental to quality • of construction: the subcontractor who undercut its trade brother must "sharpen its 13 Packet Page -867- 3/13/2012 Item 11.A. pencil" and cut corners. The . owner thus receives an inferior product. for no corresponding cost savings. That is exactly what happened here. In June 2009, West actively began shopping for a subcontractor willing to undercut Florida Blacktop's contract price. R. 9, T.155 -156 (a June 23, 2009 West e -mail to a Florida Blacktop competitor soliciting a price for Florida Blacktop's work). When West found a subcontractor willing to do the work for $50,000 less than Florida Blacktop, it contracted with that subcontractor, and terminated Florida Blacktop's contract expectancies. R. 4 (the fruit of West's bid shopping: the August 2009 Subcontract with Florida Blacktop's competitor); T. 134 -137. Furthering the textbook example of bid shopping: West did not pass any of the $50000 "savings" on to the Village (or its taxpayers). T. 338, Ins, 9 -14 2 H. Bid conditions that act to discourage bid shopping are enforceable and should be encouraged. The bid conditions Florida Blacktop used were a practical effort to expressly confirm industry standards and discourage bid shopping. If this Court accepts West's invitation to nullify all evidence supporting contract formation, including the bid condition, the decision would have the perverse result of promoting bid shopping by essentially inoculating general contractors from acting in good faith with their subcontractors. Asa result, few subcontractors could ever be secure in 2 Cross - Examination of Mr. West: "Q. You are aware that there is no credit that was ever given to the Village ... for [your] substituting Florida Blacktop with Fast Coast Paving? A. Not that I am aware of. "; See also T. 157, Ins. 12 -16. 14 Packet Page -868- 3/13/2012 Item 11.A. . their contract expectancies given the typical lag between acceptance of their offer and commencement of their work. Instead, contractors such as West could with • impunity :shop bids and contracts, unconstrained by express conditions of the bid, good faith, or industry practice. In fact, this is essentially what West argued it could do. West's Vice President rejected any notion that West had a duty to hire Florida. Blacktop under either the bid condition or the well- accepted industry standards that he refused to acknowledge. The following exchange then occurred: Q. So there's no rules of the game for subcontractors and you? A: No. Q. So it's basically chaos because subcontractors can submit. proposals to you and ... you are not bound to use them if they give you a proposal and you use it to win a bid; is that your testimony? A: Correct. Q. All right. And the system works really well in your mind? A. It has for our company since 1969. T. 413, Ins. 23 -25 — 414, Ins. 1 -11 (emphasis added). If West really has operated for more than forty years .recognizing, `no rules' governing its relationships with and obligations to its bidders, it is time for that unethical practice to stop. The jury weighed the credibility and testimony from Mr. West against the: (1) conflicting testimony from Florida Blacktop's witnesses,. who testified as to industry standards; and (2) indisputable documentary evidence . (including the terms of Florida Blacktop's offer). The resulting verdict indicated 15 Packet Page -869- 3/13/2012 Item 11.A. that the jury found more credible the weight of the evidence in support of Florida Blacktop's position. That verdict should not be disturbed. This Court should not give a judicial stamp of approval to West's worldview. The reversal West urges would render subcontractors helpless to protect themselves from abhorrent business practices like bid shopping, even if they solidly planted the terms of their offers in the meaningful soil of ethical business practices, good faith, and fair dealing. West's radical appeal thus is contrary to the very essence of the implied covenant of good faith and fair dealing recognized by Florida law. See Scheck v. Burger King Corp., 798 F. Supp. 692, 701 (S.D. Fla. 1992) ( "Florida law recognizes an. implied covenant of good faith itand fair dealing, as well as a cause of action" for breach of the covenant); see also, Restatement (Second) of Contracts §.205, (1990). M. The trial court properly denied West's Motions. because. there was ample evidence to support the jury's verdict. Motions for TNOV and for directed verdict "should be resolved with extreme caution since the granting thereof holds that one side of the case is essentially devoid of probative evidence." Stirling v. Sapp, 229 So. 2d 850, 852 (Fla. 1969) (citing Hendricks v. Dailey, 208 So. 2d 101, 103 (Fla. 1968)). As a result, when a party moves for directed verdict it "admits not only the facts stated in the evidence presented but ... also admits every conclusion favorable to the itadverse party that a jury might freely and reasonably infer from the evidence." 16 Packet Page -870- 3/13/2012 Item 11.A. • Nelson v. Ziegler, 89 So. 2d. 780, 782 (Fla. 1956) (emphasis added); Collins v. School Bd. of Broward County, 471 So. 2d 560, 563 (Fla. 4th DCA 1985) (verdict must be affirmed unless there was no evidence or reasonable inference of the evidence on which the jury could properly rely). This Court reviews de novo whether the trial court properly applied the above standards when it refused to substitute an appellant's arguments for a jury's findings. Contreras- v. U.S. Sec. Ins. Co., 927 So. 2d 16, 20 (Fla. 4th DCA 2006). The high bar to overturn a jury verdict gives due regard to the jury's opportunity to weigh and evaluate evidence, including the testimony. and credibility of the witnesses: See McCray v. Allstate Ins. Co., 374 So. 2d 1077, • 1079 (Fl a. 1st DCA. 1979 (reversing t of a motion JNO'V "[s]ince there was ) C g l,� evidence to support the jury's verdict "). Thus, if there was any evidence in (or to be inferred from) the record to support the verdict, the judgment must not be disturbed. In this case, the evidence for Florida Blacktop not only existed, but existed in abundance. The law and policy interests that supported the decisions are rock solid; thus, the verdict below should be affirmed. 17 Packet Page -871- :J D CONCLUSION West's appeal involves important questions 3/13/2012 Item 11.A. implicating whether subcontractors remain the masters of their bids and whether subcontractors can submit bids with language to protect their investments, and protect themselves (and the public) from the harms of bid shopping. If the jury verdict below is reversed, and West's requested relief. granted, the resulting opinion would give unprincipled general contractors free rein to disregard carefully prepared bid conditions, to bid shop, and to leverage subcontractors against one another, all to the detriment of the integrity of the bidding process and business environment. The result would not merely infringe, but would destroy, the well- established rights of a party to control the terms of. its offer and to enjoy the fruits of its contract expectancies. To affirm the lower court, this Court need only find that there was some evidence to support the jury verdict. There was ample evidence in that regard. The resulting judgment affirms both Florida law and sound public policy. The American Subcontractors Association, Inc. respectfully supports Florida Blacktop, Ine.'s position and asks that this Court affirm the judgment entered by the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 18 Packet Page -872- 3/13/2012 Item 11.A. • CERTIFICATE OF SERVICE The undersigned hereby certifies that a. true and accurate copy of the foregoing was served via United States bail on Allen R. Tomlinson, Jones Foster, Post Office Box 3475, West Palm Beach, FL 33402 and Joseph W. Lawrence, II, Vezina, Lawrence & Piscitelli, P.A., 300 S.W. I' Ave., Fort Lauderdale, FL on this 28`h day of July, 2011. Respectfully submitted, ran,ran, co Tourij ,III FrankOTouronlaw.com Florida Bar No. 527319 Touron Law 3850 Bird Road, Ste. 302 Miami, FL 33146 Telephone: (305) .441 -9355 • Facsimile: (305) 441 -0051 and Eric B. Travers Pro Hac Vice F-Travers@keglerbrown.com Kegler, Brown, Hill, & Ritter, LPA 65 East State Street, Suite 1800 Columbus, OH 43215 Telephone: (614) 462 -5400 Facsimile: (614) 464 -.2634 Counsel for Amicus Curiae American Subcontractors Association, .Inc. 19 Packet Page -873- C� 3/13/2012 Item 11.A. CERTIFICATE OF COMPLIANCE Pursuant to Florida Rule 9.210(a)(2), this brief was prepared using Times New Roman font size 14. ancisco TouronvAH 20 Packet Page -874- m - 1 3/13/2012 Item 11.A. Bid protest delays start of $30 million project near I -75 interchange by the Alley o Nap... _ ..b.. _ .,- - 71 0 Login I Manage Account l Mobile j Contact Us j Customer service I a -Daily I SWFLLAw.Tv News Sports Business Opinion Entertainment L'rfestyles Media i site �j Web Search powered by ymm SEARCH Jobs Homes Cars Classified Today Local Bonita State National/world Crime Education weather Columnists Community obituaries FLDemocrocy2012.00nt Bid protest delays start of $3o million project near I -75 interchange by the Alley By TRACY X. MIGUEL Posted May 9, 2011 at 6:48 p.m. Discuss Print What's at stake Astaldi Construction Corp., which proposed doing the work for $28.22 million, was the apparent low bidder. However, after conducting a bid analysis, county staff found an irregularity In Astaldi's bid for barrier walls, according to documents. If you go The Collier County Commission meets beginning at 9 a.m. Tuesday in the commission chambers at the county govemment complex, corner of Airport - Pulling Road and U.S. 41 East A A A a lW GOLDEN GATE — A bid protest is delaying the start of a nearly $30 million improvement project at the intersection of Davis and Collier boulevards, near the Interstate 75 interchange for Alligator Alley. The contract to start the project was pulled off Tuesday's Collier County Commission agenda because Astaldi Construction Corp. is protesting the awarding of the bid. Astaldi objects because the company thinks it should be awarded the work as the lowest bidder. However, Astaldi didn't bid adequately, said Connie Deane, community liaison for the county's Growth Management Division. Because the contract approval item on Tuesday's commission agenda is postponed, Deane said there now is no scheduled date for the start of construction. Astaldi Construction Corp., which proposed doing the work for $28.22 million, was the apparent low Bidder. However, after conducting a bid analysis, county staff found an irregularity in Astaldi's bid for barrier walls, according to prepared documents. After the staff met with Astaldi on April 11, Astadi confirmed that its price for the barrier walls — a total of $281.06 — was intentional and that the company intended to provide an alternate substitute for the barrier walls, reports said. The County Attorney's Office and outside construction counsel, Carlton Fields, concluded that Astaldi's bid wasn't responsive to the bid criteria, reports said. r "What they provided was not what the specifications required," county Purchasing r and General Services Director Steve Carnell said. "We don't believe that it is fair to i"1 allow Astaldi to not comply with the published specifications" / Packet Page -876- Most Popular Viewed Commented Emalled NDN special report: The price of hiring law enforcement for special events Published 2122012 at 4:55 o.m. 49 comments Answers sought in Whitney Houston's death: daughter taken to hospital Updated 2122012 at 6:40 p.m. 25 commamt $1 trillion in student loan debt foals political fire Ucclated 21102012 at 416 p.m. 44 oonanenu Weekend Photos: From fast cars and trucks to FGCU events and Jammin' Published 21IV2012 at 6:07 am. 7 comments Letter. Conflicted? Published 2/122012 at 4:00 a.m. 66 cwnments Photo Galleries Cars on Ftfth 64th Grammy Trader Joe's 2012 Awards obpensio wide 1 ,rr...ff....,..z.....«,lv,....— /.,.,. ,)n111.... Inn MC _I1. --#-- ..n.._. A., — I A: t_:.] :... - __ 1111 7111nIsn • T Bid protest delays start of $30 million project near I -75 interchange by the Alley » Nap! 3/. - -I,- 2 Item 11.A. Mitchell & Stark Construction Corp. proposed doing the work for $29.25 million compared to Better Roads int.'s proposal to do the work for $29.90 million and Astaldi Construction Corp.'s proposal of $28.22 million. In contrast to Astaldi's bid, Mitchell & Stark bid for the barrier walls totaled $1.59 million. As for Astaldi's standing with Collier County government, county officials haven't collected damages related to any prior Astaldi contract, Camell said. The construction is divided into three segments: segment 1 is Davis Boulevard from west of Radio Road to Collier Boulevard; segment 2 is Collier Boulevard, from Davis Boulevard north to Magnolia Pond Drive and a half -mile of Beck Boulevard; and segment 3 is Collier Boulevard, from Magnolia Pond Drive to the main Golden Gate Canal and pond - outfall at Abercia development. Segments 1 and 2 are combined as part of a joint agreement with the Florida Department of Transportation. • The total project cost of $29.25 million is to come from gas taxes, impact fees, and from water and wastewater user fees, according to a prepared statement. 02011 Naples Daily News. All rights reserved. This material may not be published broadcast rewritten or redistributed. Packet Page -877- Find us on Social Media j twildw,ei News Alerts Naples Daily News Fan Page Headlines & updates from naplesnews.com Naples Daily News Facebook Application Add this app to your Facebook profile The Marco Eagle Fan Page Follow The Marco Eagle on Facebook PrepZone on Facebook Follow PrepZons on Facebook GoNsples an Facebook ..17.._. A ..x..1.7: L: A Therefore, staff recommended to award the project to the next - lowest bidder, Naples- Weather Currently 36 -Hour based Mitchell & Stark Construction Corp. Your Photos The county was notified of Astaldi's protest on Friday. � ., • � Currently Today 56° 1 700 Now, Astaldi has a full week to give the county its full bid X10 protest. Fast facts Fair Wind: NE 13mph 1 At that point, Carnell said, he would know what Astaldi's The protect Includes _._..__.. ...... ........ _.._.. _.......__ . _....... More Weather» reconstruction of Davis position is in the protest. Boulevard from west of Radio Road to the Collier Then, Camel[ will review and issue a protest decision Boulevard intersection, Calendar that later would go to the Collier County Commission. Including Collier ` FEB FEB FEB iBROWSE Carrell said he hopes to resolve it within the next couple Boulevard north to of weeks. Magnolia Pond Drive and 13 j 14 15 i Collier Boulevard from Magnolia Pond Drive to � MONDAY TUESDAY WEDNESDAY1 MORE Astaldi officials couldn't immediately be reached for the Golden Gate main TRX Suspension Training a a.m. comment. canal. Body Crafters i Nature walks on Tigertail Beach 8:30 a.m. Commissioners had been scheduled Tuesday to award Marco Island the construction contract of $25,935,470.53 to Mitchell & Tigertail Beach Starts Construction Corp. Horses Galore 111 by Katie Burgess 9 a.m.. Bank of America, 706 Fifth Ave S, The project includes reconstruction of Davis Boulevard from west of Radio Road to Naples the Collier Boulevard intersection, including Collier Boulevard north to Magnolia Pond Yoga classes at Saint Paul's 9 a.m. Drive and Collier Boulevard from Magnolia Pond Drive to the Golden Gate main Episcopal Church canal. Saint Paul's Episcopal Church . Adventure on Blaekwater River 9 :30 a.m. There's also a project reserve of $3,315,000, for a total of $29,250,470.53. Collier - Seminole State Park Collier County government advertised the project in February. Three companies More I- Events » responded to the county bids by March 30. Mitchell & Stark Construction Corp. proposed doing the work for $29.25 million compared to Better Roads int.'s proposal to do the work for $29.90 million and Astaldi Construction Corp.'s proposal of $28.22 million. In contrast to Astaldi's bid, Mitchell & Stark bid for the barrier walls totaled $1.59 million. As for Astaldi's standing with Collier County government, county officials haven't collected damages related to any prior Astaldi contract, Camell said. The construction is divided into three segments: segment 1 is Davis Boulevard from west of Radio Road to Collier Boulevard; segment 2 is Collier Boulevard, from Davis Boulevard north to Magnolia Pond Drive and a half -mile of Beck Boulevard; and segment 3 is Collier Boulevard, from Magnolia Pond Drive to the main Golden Gate Canal and pond - outfall at Abercia development. Segments 1 and 2 are combined as part of a joint agreement with the Florida Department of Transportation. • The total project cost of $29.25 million is to come from gas taxes, impact fees, and from water and wastewater user fees, according to a prepared statement. 02011 Naples Daily News. All rights reserved. This material may not be published broadcast rewritten or redistributed. Packet Page -877- Find us on Social Media j twildw,ei News Alerts Naples Daily News Fan Page Headlines & updates from naplesnews.com Naples Daily News Facebook Application Add this app to your Facebook profile The Marco Eagle Fan Page Follow The Marco Eagle on Facebook PrepZone on Facebook Follow PrepZons on Facebook GoNsples an Facebook ..17.._. A ..x..1.7: L: A