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Agenda 05/08/2012 Item #16C15/8/2012 Item 16.C.1. EXECUTIVE SUMMARY Recommendation to award Contract #11 -5794 to B.Q. Concrete, LLC., Bradanna Inc. and Mitchell and Stark Construction Co. in the estimated amount of $600,000 annually for the construction of hammerheads and designated driveways in Collier County to provide safe and proper turn - around areas on public roads. OBJECTIVE: To obtain Board of County Commissioners approval of a professional services agreement with B.Q. Concrete, LLC., Bradanna Inc. and Mitchell & Stark Construction Co., Inc. for the construction of Solid Waste Hammerheads and related driveway projects of a similar scope in Collier County. CONSIDERATIONS: The Solid Waste Management Department is responsible for ensuring that collection and disposal services are provided throughout Collier County in a safe and efficient manner. There are over 300 dead -end streets in Collier County that do not allow for safe turn- around of waste collection vehicles or large emergency vehicles. In most cases, these large vehicles must back down the street to the nearest intersection or back onto private property creating an unsafe condition or damage to private property. The intent of this project is to protect the public and private property by providing turn- around capability (hammerhead- shaped) on dead -end streets for solid waste collection vehicles. Constructing permanent hammerheads at the end of public streets will allow solid waste franchisee trucks to turn around safely, thereby reducing property damage and the hazards caused by trucks backing down dead -end streets. The hammerheads are also used by emergency medical service trucks, fire trucks, and school buses. In cases where a hammerhead cannot be constructed, a designated driveway will be constructed under the Designated Driveway Program. Designated driveways are owner- approved reinforced private driveways intended to create safe, designated turnaround areas for solid waste collection vehicles where no turnaround access areas exist. It is anticipated that 20 hammerheads will be constructed each fiscal year at approximately $30,000 per hammerhead. Very few designated driveways are anticipated. Invitation to Bid #11 -5794 was posted on February 16, 2012 with a due date of March 14, 2012. There were 2,050 notices sent, 89 notices downloaded, and 9 bids received. Staff reviewed the bids and deemed B.Q. Concrete, LLC., Bradanna Inc. and Mitchell & Stark Construction Co., Inc. as the three most responsive bidders. This selection was based on the lowest quotes received for this solicitation. ITB 11 -5794 allows the scope of work to include driveway projects of similar scope. Accordingly, the contracts include both Hammerheads and driveway projects. Each individual hammerhead and driveway project will be solicited competitively among the three awarded contractors. FISCAL IMPACT: Funding is consistent with the FY2012 Capital Budget approved by the Board on September 22, 2011. Funding is available in the Solid Waste Capital Project Fund Packet Page -786- 5/8/2012 Item 16.C.1. (474) Project 59024 funded by the annual Waste Collection Assessment. The life cycle cost will be maintained by the Transportation Department as a continuation of the current roadway. Designated driveways are anticipated to be maintenance free for approximately 15 years. GROWTH MANAGEMENT IMPACT: This action is consistent with the Growth Management Plan by providing the public with cost effective solid waste collection services. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation to award Contract #11 -5794 to B.Q. Concrete, LLC., Bradanna Inc. and Mitchell & Stark Construction Co., Inc. in the estimated amount of $600,000 annually for the construction of Solid Waste Hammerheads and driveway projects in Collier County to provide safe and proper turn- around areas on public roads, and authorize the Chairman to sign the standard agreements after approval by the Office of the County Attorney for legal sufficiency. Prepared By: Dayne Atkinson, Project Manager, Planning and Project Management Department Attachments: Solicitations and Agreements for Solicitation #11 -5794 for Mitchell & Stark Construction Co., Inc., B.Q. Concrete, LLC, and Bradanna, Inc. Packet Page -787- 5/8/2012 Item 16.C.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1. Item Summary: Recommendation to award Contract #11 -5794 to B.Q. Concrete, LLC., Bradanna Inc. and Mitchell and Stark Construction Co. in the estimated amount of $600,000 annually for the construction of hammerheads and designated driveways in Collier County to provide safe and proper turn - around areas on public roads. Meeting Date: 5/8/2012 Prepared By Name: Dayne Atkinson Title: Project Manager,Public Utilities Engineering 3/29/2012 10:41:38 AM Submitted by Title: Project Manager,Public Utilities Engineering Name: Dayne Atkinson 3/29/2012 10:41:39 AM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 3/29/2012 2:04:11 PM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations Date: 3/30/2012 7:45:21 AM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 3/30/2012 4:25:43 PM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engineering Date: 4/3/2012 5:20:07 PM Packet Page -788- Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 4/4/2012 4:16:28 PM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 4/5/2012 9:28:17 AM Name: ChmelikTom Title: Project Manager, Principal,Public Utilities Engine Date: 4/5/2012 3:16:51 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 4/17/2012 7:56:08 PM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 4/20/2012 11:48:07 AM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 4/23/2012 4:00:12 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/27/2012 8:17:26 AM Name: KlatzkowJeff Title: County Attorney Date: 4/27/2012 9:24:25 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/30/2012 3:18:21 PM Name: OchsLeo Title: County Manager Date: 4/30/2012 4:53:00 PM Packet Page -789- 5/8/2012 Item 16.C.1. o 0 rn o .. o N -6 al v > m v N aa) C O p m v m m Y U m CL z U D 5 N z O z v O p a = M e 1 O' co cw G p ~ Q CD = w Ln Ln O O N C O C Y Q v C N >` N e-i � L. LO -I rl \ 000 N M m cu c h al n u c O O Y F� i M m CL p p 00 Z w O z v N O Z v a r r r r r r r Q Q N C E z Z a w .O 2 z 0 N N aJ N aNi N aJ aJ c Q ' w 3 Sv v CU v v (U Q) a) ai a Q > Q Ln .. H Z ° w a C IA Vf to 0 0 0 N VI 0 U � E Q E v w d V1 IA N N IA VI Ln VI 1A _ 0 r r} r r r r r r U c Q v u a a , m H E Z w a l: C '. N V1 to VI N V7 N VI N Q C m Q N F- Z y w v N N d Ln v d N N v o } } } } } } } } } U a K > a 0 0 0 0 0 0 .t O o o 0 0 0 0 lD a, 0 0 w U to = vi o0 O O O dt t.0 O al y n ei O O N n 01 O a1 1. a' N V1 O to r-I lD 01 00 CL o O O a1 -I N Lr �� N m rn fM -ct -;t R lD M to to to to to tn. to V)- to C N � cr f0 Q C O aD U: n7 OAS �n W Q C G m L O U C C W C Z U aJ Y `n G to x OU tea ••V_+ m m Y S C7 m m Q ' 1, '0'91, Wall Z 1, OZ/8/5 )6L- aS2dla�:)ed v Y f0 L M � v f0 O v Z m T v � G � v � CL O m 5/8/2012 Item 16.C.1. co cowzy Ad4tis * e Services DArWW Purchasing Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E -Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #11 -5794 Solid Waste Hammerhead Construction • Opening Date: March 14, 2012 at 3:00 pm. 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 TITLE ON THE OUTSIDE OF THE COURIER PACKET. 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 fitJc-�ll.� Company Nam f �. zD Signature & Title Date Packet Page -791- 27 5/8/2012 Item 16.C.1. tr cry Purc,aOV Attachment 3: Vendor Submittal - Bid Response Form FROM: l� i�l,�((� S-�� k Lo -�Sf. C`c� .� .-✓� -, Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #11 -5794 Solid Waste Hammerhead Construction Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ® Bid Response Form is manual. Please input your prices into the Excel document provided. Note: Please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -792- 28 5/8/2012 Item 16.0.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this I V day of 2012 in the County of C v i►'I r , in the State of TJ,.r,A:,. Firm's Complete Legal Name P t( C�- Address (, r) t-) C ` j g . City, State, Zip e S f% 3 tl l c3 S Florida Certificate of Authority y S Document Number Federal Tax Identification Number Telephone Number '� �' cj 7 _ 2 j U FAX Number 3 g S Cp G 0 (� 1 Signature / Title d --- C c 0 Type Name of Signature C ; Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -793- 29 Vendor Price Sheet 5/8/2012 Item 16.C.1. 11 -5794 Solid Waste Hammerhead Construction Instructions This price sheet is for award consideration only. All future projects will be quoted according to 1 proce quote procedures below. Exhibit IA: Construction Plan for Design 01 -18 -12 should be used to submit prices as described 2 below. The County shall rank order all contractor's Vendor Price Sheet TOTAL from lowest to highest to determine the overall lowest pricing offered. The lowest three (3) — five (5) contractors will be 3 considered for an award. 1 MOBILIZATION LS 1 $500.00 $500.00 2 MAINTENANCE OF TRAFFIC LS 1 $200.00 $200.00 3 STAKED SILT FENCE, TYPE III LF 420 $0.80 $336.00 4 FLOATING TURBIDITY BARRIER LF 50 $8.00 $400.00 5 CLEARING AND GRUBBING AC 0.2 $5,000.00 $1,000.00 6 EXCAVATION CY 200 $3.00 $600.00 7 IMPORTED FILL, COMPACTED AND IN PLACE CY 135 $8.00 $1,080.00 8 MILLING /REMOVAL OF EXISTING ASPHALT PAVEMENT SY 140 $3.00 $420.00 9 ASPHALT CONCRETE (1.5" TYPE SY 140 $10.00 $1,400.00 10 STABILIZED SUBGRADE (12" LBR SY 190 $4.00 $760.00 11 LIMEROCK BASE (6" LBR 100) SY 190 $10.00 $1,900.00 12 REINFORCED CONCRETE PAVEM SY 172 $52.25 $8,987.00 13 SOD SY 820 $1.50 $1,230.00 14 19 "X30" ELLIPTICAL REINFORCE LF 144 $44.50 $6,408.00 15 MITERED END SECTION EA 4 $843.00 $3,372.00 16 RIP -RAP (12" DEEP, 6" MIN. SIZE) SY 5 $25.00 $125.00 17 REPLACE EXISTING OBJECT MA EA 2 $500.00 $1,000.00 18 NPDES PERMIT /COMPLIANCE LS 1 $500.00 $500.00 Signature: / Company i a-c �/1 �5� �-� ✓ST_ LG �y�� Date: Packet Page -794- 5/8/2012 Item 16.0.1. ADDENDUM 1 — Page 2 of 2 Vendor Price Sheet Solicitation # and Title: 11 -5794 Solid Waste Hammerhead Construction Signature: Company Date Packet Page -795- 1 MOBILIZATION LS 1 2 MAINTENANCE OF TRAFFIC LS 3 STAKED SILT FENCE, TYPE III --1 LF 420 4 FLOATING TURBIDITY BARRIER LF 50 5 CLEARING AND GRUBBING AC 0.2 6 EXCAVATION CY 200 7 IMPORTED FILL, COMPACTED AND IN PLACE CY 135 8 MILLING /REMOVAL OF EXISTING ASPHALT PAVEMENT SY 140 9 ASPHALT CONCRETE 1.5" TYPE SP -12.5 STRUCTURAL COURSE SY 140 10 STABILIZED SUBGRADE 12" LBR 40 SY 190 11 LIMEROCK BASE 6" LBR 100 SY 190 12 REINFORCED CONCRETE PAVEMENT (8" THICK, CLASS 1, 3000 PSI ) SY 172 13 SOD SY 820 14 19 "X30" ELLIPTICAL REINFORCED CONCRETE PIPE LF 144 15 MITERED END SECTION EA 4 16 RIP -RAP 12" DEEP, 6" MIN. SIZE SY 5 17 REPLACE EXISTING OBJECT MARKERS WITH OM4 -1 9- BUTTON EA 2 18 NPDES PERMIT /COMPLIANCE LS 1 Signature: Company Date Packet Page -795- 5/8/2012 Item 16.C.1. CAier qty Psirrini*aM Servkm Division Purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in gCollier County or ❑ Lee County: y Number of Employees (Including Owner(s) or Corporate Officers): 2, c� ":> Number of Employees Living in E] Collier County or ❑Lee (Including Owner(s) or Corporate Officers): & o If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: r Ic L h s T, cc .JOE - Date: Address in Collier or Lee County: to b c:� l :S' L t I C''_ �4 ST- Signature: �� Title: rj STATE OF FLORIDA COLLIER COUNTY ❑ LEE COUNTY Sworn of and Subscribed Before Me, a Notary Public, for the above State and County, on this I `% Day L� ^ 0-) . 20 i i 14, Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 11 -5784 Solid Waste Hammerhead Construction ITS Template_01012012 EELINIDA BURCBA :.BIER NOTARY PUBLIC - STATE OF FLORIDA COMMISSION #EE055185 MY COMMISSION BVIRES JAN. 22, 2015 Packet Page -796- 30 5/8/2012 Item 16.C.1. Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction This Affidavit is required and should be signed, notarized by an authorized-principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence 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 include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor / Bidder's proposal as non - responsive Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name OL'l I` .{ C! e— S i Ces T",/ C_ . Print Name Q t^ Title C V'-- + Signature � Z� Date _ J >Ad ? z State of _ iif County of 6 c> 11 e., r The foregoing instrument was signed and acknowledged before me this ILt day of /t4G , 20D, by who has produced PP-'r as identification. (P >r K or Type Name) (Type of Identification and Number) N/ Public Sign ature Printed Name of Notary Public ZE0 n (2 f_2Z -4S-- Notary Commission Nu er /Expiration EELINDA BURGBACHHER NOTARY PUBLIC- STATE OF FLORIDA COMMISSION #EE055185 MY COMMISSION EXPIRES JAN. 22, 2015 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. 11 -5794 Solid Waste Hammerhead Construction ITB Template 01012012 Packet Page -797- 31 5/8/2012 Item 16.C.1. Co per Cowdy Adn rrsua6ue services Division PwMasing Attachment 6: Vendor Substitute W - 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) C Business Name M ' ° "' S r C^r, �-✓ L . (if different from taxpayer name) Address o 01 City 1-') 6. LltrJ State f 1 Zi p p ° i Telephone 2�5�59? -211,5 FAX .� -3�`�' LIL -?96 Email RE�rvti� ^,� A "�Cke- llsiurk Order Information I Remit / Payment Information Address 600`, P— S T. ( Address City NcoleA State F 1. Zip '� t/ 1 v City Ln'1 0 CS State ( Zip FAX 79te FAX p22C Email o llSic iX,6 Email f��N�✓e -.1a A --1E' 4LJt -, 2. Company Status (check only one) Individual / Sole Proprietor V Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 3.s v 1r (. Y (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date 2-- Title Gc7 Phone Number 125 - S5 i - -a _C- 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -798- eu-'t 32 5/8/2012 Item 16.C.1. Attachment 7: Vendor Submittal - Insurance and Bonding Requirements � 1 ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000.000.00 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000.000.00 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /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 parry 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 $ 1.000.000.00 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 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -799- 33 5/8/2012 Item 16.G.1. ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and 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 (5r) days of the award of this solicitation. e I 11 J'%'t' '' ac �- :il�%S t � (: Ji .�Y✓ L , a� ) Name of Firm L7 I '- ��-� —� Date is /`S��IZ Vendor Signature 1% lw� Print Name 1�9 r Insurance Agency 7 c> L i 5.. c, L'✓ c ei Agent Name % f> / c i S U tit Telephone Number 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -800- 34 5/8/2012 Item 16.G.1. ier CoUMY Attachment 8: Reference Questionnaire Solicitation: 11 -5794 Solid Waste Hammerhead Construction Reference Questionnaire for: M 2Li (Name of Company Requesting Reference Information) r es (Name of Individuals Requesting Reference Information) Name: 0 A u JJ. C.-.v A e r A; l l Company: e kS .-rS (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: PA,,l i^•1' FAX: �,3 er g' 3 g - 2r 23 Telephone: p r g^ S39 - -SySfa Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firmAndivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: U e—,-; o Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Please FAX this completed survey to: By Ax-1 11 -5794 Solid Waste Hammerhead Construction ITB Template 01012012 Packet Page -801- 35 5/8/2012 Item 16.0.1. c� cry Pumh-v Attachment 8: Reference Questionnaire : 11 -5794 Solid Waste Hammerhead Construction Reference Questionnaire for: (Name of Company Requesting Reference Information) ividuals Requesting Reference Information) Name: r L. `; v Company: FC (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Lf Email: Z, tz..E? FAX: A l�L�`> Telephone: �.'� 2. 77- 2.3G. y Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: _ <� Completion Date: Project Budget: � e ->=,:> L, Project Number of Days: 6 b Change Orders - Dollars Added : .. � _- Change Orders- Days Added: L�, Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. r_ 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly._ 8 Abiltity to manage risks and unexpected project circumstances. ; 9 Ability to follow County policies, procedures, rules, regulations, etc.? 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 11 -5794 Solid Waste Hammerhead construction ITB Template-01012012 Packet Page -802- By 141 5/8/2012 Item 16.u.1. c,� cry Admnis6abve Serviaea oivbion Purc,niro Attachment 8: Reference Questionnaire Solicitation: 11.5794 Solid Waste Hammerhead Construction Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: -' 6 � —) LS t'I S ,.- Company: ie w *4 (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: �� ` S 0 e Ca S w►1¢ - 9 � � FAX: �-7� s yl t Telephone: p J� �7i� 0S� Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: ✓ 5 Completion Date: Project Budget: Change Orders - Dollars Added : Project Number of Days: Change Orders - Days Added: Please FAX this completed survey to: By Lam, 11 -5794 Solid Waste Hammerhead Construction ITB Template-01012012 Packet Page -803- 35 /'0.__ 5/8/2012 Item 16.C.1. Comer Cowsty Adn*isbd PUMhWV Attachment 8: Reference Questionnaire : 11 -5794 Solid Reference Questionnaire for: M �. 4_ e_ 1( (Name of Compan Requesting, Reference Information) (Name of Individuals Requesting Reference Information) Name: 9trAc -e.. Cr.r*- Company: PS L -,,,,L 14 (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) ,A" i t . L e •+� Email: P Ic -r✓.� e.�,alv(�.,. ��f" CFAX: Telephone: S(o ) C 5. y3•& Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Change Orders - Dollars Added : Project Number of Days: Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 1�„�, ij 2 Ability to maintain project schedule (complete on -time or early). t `r; 3 Quality of work. 4 Quality of consultative advice provided on the project. g 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) �3 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level With hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -804- By 35 Ct Courts =" ta,�n 5/8/2012 Item 16.G.1. Attachment 8: Reference Questionnaire 11 -5794 Soi,d Waste Hammerhead Co Reference Questionnaire for: if A< c (Name of Company Requestiq Reference Information) (Name of Individuals Requesting Reference information) Name: o ,..► i r"1 Company; (Evaluator completing reference questionnaire) Email: C. J a A 61, i;+ a - C►,r" FAX: A' e6 Abe (Evaluator's Company completing reference) Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firmrndividual again) and 1 representing that you were very unsatisfied (and would never hire the Finn /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: V a 0' a, ,., ' J O L A Completion Date: Project Budget: Change Orders - Dollars Added : Project Number of Days: Change Orders - Days Added: Please FAX this completed survey to: By 11 -5794 Solid Waste Hammerhead Construction ITB Template-01012012 Packet Page -805- 35 5/8/2012 Item 16.C.1. PUBLIC AGENCIES REFERENCES City of Marco Island 50 Bald Eagle Drive. Marco Island, FL 34145 Attn: Mr. Jim Miller Ph. 239 -389- 5026 fax 239 - 394 -8137 jmiller @cityofinarcoisland.com 2. Lee County Utilities 1500 Monroe St. Fort Myers, Fl. 33901 Attn: Mr. Tom Hill Ph. 239 -533 -8181 Email: hillta ,lee og v.com 3. City of Bonita Springs Public Works 9101 Bonita Beach Road Bonita Springs, FL. 34135 Attn: Mr. James Melton, Senior Project Manager Ph. 239- 949 -6246 Fax 239 - 949 -6239 Email: Jam es.Melton@CityofBonitaSprings. Org 4. Gateway Services Community Development District 13240A Griffin Drive Fort Myers, FL 33913 Attn: Mr. Terry Hanlin, Director of Operations Ph. 239 - 872 -7906 fax 239 -561 -1350 Email: gscdd @earthlink.net 5. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail Naples, FL 34112 Attn: Ms. Karen Guiliani P.E., Project Manager Ph. 239 - 417 -6083 fax 239 -530 -6460 Email: KarenGuiliani @colliergov.net 6. Bonita Springs Utilities, Inc. 11860 East Terry Street Bonita Springs, FL 34135 Attn: Mr. Michael J. Liggins P.E. of Engineering Ph. 239- 390 -4834 fax 239 - 992 -9223 Email: mliggins @bsu.us Packet Page -806- 5/8/2012 Item 16.0.1. Greater Pine Island Water Association, Inc. 5281 Pine Island Road Bokeelia, FL 33922 Attn: Mr. William J. Thacher, General Manager Ph. 239 - 283 -1071 fax 239 - 283 -7792 Email: wthacher(i�pineislandwater co Lee County Department of Transportation 1500 Monroe St. Fort Myers, Fl. 33901 Attn: Mr. Randy Cerchie Ph. 239 - 479 -8573 Fax 239 -479 -8520 Email: cerchirp(a lee ov.com Packet Page -807- 5/8/2012 Item 16.C.1. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 • 1940 NORTH MONROE STREET 32399 -0783 TALLAHASSEE PENNER, BRIAN ROSS MITCHELL &ESTATREECTNSTR CO INC NAPLES FL 33942 Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Reguaatl Our professionals and businesses range from architects to Yacht brokers, fro boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business In order to serve you For information about our services, please log onto www.myfloridolicense.c There you can find more information about our divisions and the regulations I impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairy. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Ito DETACH HERE Packet Page -808- _ 5/8/2012 Item 16.C.1. OP ID: C2 CERTIFICATE OF LIABILITY INSURANCE °ATE(MM/D °" "') - Ua/UW1z 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(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 317 -844 -7759 Tobias Insurance Group, Inc HQ 317 -844 -9910 9247 N. Meridian St. Ste. 300 Indianapolis, IN 46260 CONTACT NAME: Cliff Buchman PHONE 317 -844 -7759 N Wt a°c No): 317- 8449910 E-MAIL buchman ADDRESS: cbuchman@tobias.com Nick J. Rutigliano ST MER ID #: MITCH -1 INSURERS) AFFORDING COVERAGE INSURER A: XL Insurance America, Inc. NAIC # 24554 INSURED Mitchell & Stark Construction Company, Inc. 6001 Shirley Street Naples, FL 34109 INSURER B: Starr Indemnity & Liability Co LIMITS 438318 INSURER C: Greenwich Insurance Company INSURER D: INSURER E: INSURER F : 1\GV1Ql%Jl1 RUMGCR: 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. IN F1 LTR TYPE OF INSURANCE POLICY NUMBER POLIC EFF MM/DDM'YY POLI XP M IDDtYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CGS7409064(12) 03/01/12 03101/13 PREMISES Ea occurrence $ 300,00 CLAIMS -MADE 7 OCCUR MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 POLICY FXI PRO LOC ECj $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO CAH740002701(12) 03/01/12 03/01/13 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) _ $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAR CLAIMS -MADE SISCCCL01760512(12) 03/01/12 03/01H3 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND X ER A EMPLOYERS' LIABILITY ORSTAIT E.L. EACH ACCIDENT _ $ 11000100 ANY PROPRIETOR/PARTNER/EXECUTIVEYF OFFICER/MEMBER EXCLUD ED? NIA CWG740002501(12) 03101/12 03/01/13 (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYE _ $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below C CONTRACTORS PECO02407204(12) 03/01/12 03/01/13 PER OCC 5,000,00 POLLUTION LIAR. " OCCURENCE POLICY" AGGREGATE 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule N more space is required) A $100 ODO DEDUCTIBLE PER CLAIM APPLIES TO THE CONTRACTORS POLLUTION LIABILITY POLICY V GLLM SAMPLE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SAMPLE CERTIFICATE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tU 7955 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Packet Page -809- 5/8/2012 Item 16.C.1. CiMer cam�y Email: nicoleparker @colliergov.net Telephone: (239) 252 -4270 awe Servkw Division FAX: (239) 252 -6549 Purchasing ADDENDUM 1 — Page 1 of 2 Memorandum Date: March 5, 2012 From: Nicole Parker, Purchasing To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title: 11 -5794 Solid Waste Hammerhead Construction The following clarifications are issued as an addendum identifying the following change(s) for the referenced solicitation: 1. The insurance requirement have changed, the revised requirements will include $1,000,000 worth of Pollution Control coverage. 04 $ 1,000,000 Per Occurrence 2. Please see the attached revised Vendor Price Sheet, the unit prices have been deleted. Please enter one lump sum cost on the revised Vendor Price Sheet. Please make sure you sign this addendum and include it with your bid package. If you require additional information please post a questio on the Online Bidding site or contact me using the above contact information. c: Dayne Atkinson, Project Manager Packet Page -810- AddendumTemplate Revised: 4/15/10 1 5/8/2012 Item 16.0.1. Ca e-r C ;014nty *° urchas+ng Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #11.5794 Solid Waste Hammerhead Construction • Opening Date: March 14, 2012 at 3:00 pm. 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 TITLE ON THE OUTSIDE OF THE COURIER PACKET. 11 -5794 Solid Waste Hammerhead Construction ITB Template-01012012 B .h Compa ame Sig e std Date Packet Page -811- 27 5/8/2012 Item 16.C.1. Adn -O' atWe SerVi L- wisiem =-- Orch3SIng Attachment 3: Vendor Submittal - Bid Response Form FROM: rJr�Ca ►� ✓w �rnc Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #11 -5794 Solid Waste Hammerhead Construction Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: boo % ?o Days: Net 3v Days ® Bid Response Form is manual. Please input your prices into the Excel document provided. Note: Please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -812- 2s 5/8/2012 Item 16.0.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this /4-10�day of Marc A , 2012 in the County of to / /i,ei- , in the State of Firm's Complete Legal Name �41"4 Address of 8'o S City, State, Zip AIA les Florida Certificate of Authority q/7 Document Number Federal Tax Identification 5"T - 7S/ Number Telephone Number 0139- 4 5'-5 -- SIr y FAX Number g- q/7— 9 Signature / Title Type Name of Signature T e 14 E I'n PVIA ,,, Date 3 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -813- 29 5/8/2012 Item 16.C.1. ADDENDUM 1 — Page 2 of 2 Vendor Price Sheet Solicitation # and Title: 11 -5794 Solid Waste Hammerhead Construction # ITEM DESCRIPTION UNIT QUANTITY 1 MOBILIZATION LS 1 2 MAINTENANCE OF TRAFFIC LS 1 3 STAKED SILT FENCE, TYPE III LF 420 4 FLOATING TURBIDITY BARRIER LF 50 5 CLEARING AND GRUBBING AC 0.2 6 EXCAVATION CY 200 7 IMPORTED FILL, COMPACTED AND IN PLACE CY 135 8 MILLING /REMOVAL OF EXISTING ASPHALT PAVEMENT SY 140 9 ASPHALT CONCRETE 1.5" TYPE SP -12.5 STRUCTURAL COURSE SY 140 10 STABILIZED SUBGRADE 12" LBR 40 SY 190 11 LIMEROCK BASE 6" LBR 100 SY 190 12 REINFORCED CONCRETE PAVEMENT (8" THICK, CLASS 1, 3000 PSI) SY 172 13 SOD SY 820 14 19 "X30" ELLIPTICAL REINFORCED CONCRETE PIPE LF 144 15 MITERED END SECTION EA 4 16 RIP -RAP 12" DEEP, 6" MIN. SIZE SY 5 17 REPLACE EXISTING OBJECT MARKERS WITH OM4 -1 9- BUTTON EA 2 18 NPDES PERMIT /COMPLIANCE LS 1 TOTAL LUMP SUM PRICE $ a-W, 1757 per► Signature: Company Date: — 0 t Packet Page -814- 5/8/2012 Item 16.C.1. A�r° 1.nt ,), °dmoistta ,ve Servires ,urchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business oilier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in WCollier County or ❑ Lee County: aI5 Number of Employees (Including Owner(s) or Corporate Officers): 32 Number of Employees Living in (Z Collier County or 0 Lee (Including Owner(s) or Corporate Officers):_J* If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: - A2,AA + . H c Date: =s' j�h a Address in Collier o Le County: A?fr®S' S Ha ;e fir Al4D %rs, F 34,10y Signature: Title: Preside+ 4 STATE OF FLORIDA X COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 14 �` Day gf "i'�{) C G 201 A Notary Public •�,Y p :„ JODI CURCIO M ommission Ex Tres: •"` "" Y p� �, -. Notary Public - State of Florida (AFFIX OFFICIAL SEAL) My Comm. Expires Jun 9.2015 A;� Commission #E EE 101568 ,,,�*'EO;��•` Bonded Through NationaiNotary Assn 11 -5794 Solid Waste Hammerhead Construction �- 30 ITS Template_01012012 Packet Page -815- P -.,,. 5/8/2012 Item 16.C.1. er Cat4nry Attachment 5: Vendor Submittal - Immigration Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence 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 include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive. 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 ale) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name B ,-ada n na .L rye- Print Name �" ; N�tp W h Title 10residcn4 Signature ' --- -..- Date —Ty State of �L County of Co /Ir'r e The foregoing instrument was signed and acknowledged before me this JI/1 ' day of t'f'iOW._A , 20 L, by ac c y, ✓� who has produced as identification. (Print or Ty p fame) (Type f Identification and Number) !J A�- Not Public Sigy1ature Printed Name of Notary Public ; r�. «�� Notary Public -Stag of ]Assfi. Florida ,. r , •? My Comm. Expires Jun a Commission # EE 10 Notary Commission Number /Expiration `' % °;,`,�''•` Bonded through National Na 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. 11 -5794 Solid Waste Hammerhead Construction ITB Template-01012012 Packet Page -816- 31 5/8/2012 Item 16.C.1. ?�ei�ta°°�irtFa'.a� SP.nG�es r4visF;X1 Attachment 6: Vendor Substitute W - 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name r ric (as shown on income tax return) Business Name (if different from taxpayer name) Address25ho6- S Naicro4., p C,) 94r" tm City VA121ec State R- Zip 241 o -4 Telephone,239- 45'3' -5,"J FAX al " -4f7 -1249 Email Me JS gAnAQ A1A92- Q� Order Information Remit / Payment Information AddressAtai- S.+Ja x:t, e r _ Address:24oc^ S,hiarsecG�. pr } /2 City tVci ples State F'd- Zip 341o4i City _ AI4 .P1e,5 State %-L Zip 14 /oW FAX a3'l- 4 i 7-IX49 FAX 139- 4/7 -1 49 Email _To C(Q IS^"„tyL,y eew. Email�i.ezc- to J9e JalKYLC! r nw.. 2. Company Status (check only one) _Individual / Sole Pro prietor Corporation Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C-- Enter the tax classification (D = Disre arded Entit , C = Co oration, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) a"'7- ?o �t j'7,S' 1 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Un r na/ties of perjury, l certify that the information shown on this form is correct to my knowledge. Signature Date ? j1!11) a Ole— Title Phone Number,; 39-4 Ss - S,V? I 11 -5794 Solid Waste Hammerhead Construction ITB Template-01012012 Packet Page -817- 32 Form w-9 (Rev. January 2011) Department of the Treasury Internal Revenue Service Name (as shown on your d R a C 0 H CL c Z L o� C N •i C a� 0 m CL rn ID m In Request for Taxpayer Identification Number and Certification Business name /disregarded entity name, If different from above Bradanna, Inc 5/8/2012 Item 16.C.1. Give Form to the requester. Do not send to the IRS. Check appropriate box for federal tax classification (required): ❑ Individual /sole proprietor ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) ► ---- -- -------- --- --- ---- - -- - -- ❑ Other (see instructions) ► Address (number, street, and apt. or suite 2805 S Horseshoe Dr. Unit 12 City, state, and ZIP code Naples. FL 34104 account number(s) here (optional) Requester's name ❑ Exempt payee lFiM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other FM-M-FFM entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter, n-1 Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply_ For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other thr interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. /' Sign I signature o 1 - Here U.S. perso Date ► 31 i I a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your 'ocable share of any partnership income from a U.S. trade or business not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. r nt Nn iro:ilx Form W -9 (Rev. 1 -2011) Packet Page -818- 5/8/2012 Item 16.C.`. Admrisl,wtive Seroces Division Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1 • ❑ 1Norker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government ^ompensation Statutory Limits and Requirements 2. ❑ Empiover'- Liability $1,000.000.00 single limit per occurrence 3. 07 Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000,000.00 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 $ 1.000.000.00 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. ❑ Pollution $ Per Occurrence $ Per Occurrence ❑ Professional Liability $_ • $ 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 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -819- Per Occurrence Per Occurrence 33 5/8/2012 Item 16.C.1. ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and 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 Date 3 /, '4 / ►Q, Insurance Agency 0,L��, Sch,tira�, S�oOerran �nc. Agent Name Sic S 6 H 1e- ( a Telephone Number 741-75- - S7 Sir 11 -5794 Solid Waste Hammerhead Construction ITB Template_ 01012012 Packet Page -820- 34 5/8/2012 Item 16.C.1. BRADA -2 OP ID: SHST `,� CERTIFICATE OF LIABILITY INSURANCE DAT0 TYPE OF INSURANCE /101fYYYY) 02!10112 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dick, Johnson &Jefferson, Inc 941- 758 -3861 Suite 200 941- 758 -5947 1429 60Th Avenue W Bradenton, FL 34207 Sharon Metzelaar NAME; Stacey Shankle HuN o E .941 - 758861 AIC No : 941 - 7565786 ass, staceys@dbinc.com INSURER(S) AFFORDING COVERAGE NAIC t INSURERA: National Trust Insurance Co 20141 08/01/11 INSURED Bradanna Inc & JBC Construct Svc Inc INSURERS: FCCI Insurance Company 10178 INSURER D: $ 100,00 2805 S Horseshoe Dr#12 INSURER D: PERSONAL & ADV INJURY Naples, FL 34104 -6159 INSURER E: GENERAL AGGREGATE INSURER F GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO LOC PRODUCTS- COMP /OP AGG ♦L ♦IVIVI\ 1 \VIy1�GR. 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 NAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of POLICY NUMBER MMJDD MMIDDfYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR --( GLOD089303 08/01/11 08/01/12 EACH OCCURRENCE $ 1,000,00 PREMISES Ee occurrence $ 100,00 MED EXP (Any one person) _ $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO LOC PRODUCTS- COMP /OP AGG $ 2,000,00 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS CA00140363 08/01111 08/01/12 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) _1x000,00 $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE UM 800092343 08/01/11 06/01112 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DED I X I RETENTIONS 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? Il yes, describe under IfVes,atory beund DESCRIPTION OF OPERATIONS below NIA 01 WC12AS1400 02/14/12 02/14!13 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 1,000 00 r E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) I.EK IIrIC:Ai E HOLDER CANCGI I ATInN COLL108 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners AUTHORIZED REPRESENTATIVE 3301 Tam iam i Trl E Naples, FL 34112 --( ®1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Packet Page -821- GO Attachment 8: Reference Questionnaire Reference Questionnaire for: 5/8/2012 Item 16.C.1. (Name of Company Requesting Reference Information) .Sat i rvtq k (Name of Individuals Requesting Reference Information) Name: - , %Avetl. 12 5"VC_ 60 Company: lu €LLS (Evaluator completing reference questtonnaire) (Evaluators Company completing reference) Emall: 1 FAX; X39- i'96 -r96g Telephone. 239- S4G -r ?87 L/eo"b •.4ZEVC />6 .P,4.doLw nwu Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmhndivdival again). if you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored `0." ©rS�EtRY Project Description: 8,r oVKay4 for !YS'P#*Zr Completion Date: g 2 rk f Project Budget: JLRRQ6 o Project Number of Days: 2 _ Change Orders - Dollars Added: $ Change Orders - Days Added: --30 Item Citeria 1 Ability to manage the project costs (minim i2:e change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). /D 3 Quality of work. l D 4 Quality of consultative advice provided on the project. Q 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover, invoices: manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. �a 8 Abiitity to manage risks and unexpected project circumstances. �D 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Over comfort level with hiring the company In the future (customer satisfaction). /v !O TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 239-417- 124 9 11 -5794 Solid Waste hammerhead Construction rTB Template 01012012 Packet Page -822- 8y 3/12/12 35 �3r-,•,,2 Attachment B: Reference Questionnaire Reference Questionnaire for: 5/8/2012 Item 16.C.`. (Name of Company Requesting Reference Information) Jo on to (Name of Individuals Requesting Reference Information) /�asr > Name: �0/1, f' /3 rt c62 Company: f 1 Ile., o_,,7 , (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) �a`"r3ldrx�c� G� Emall: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company fisted in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the fmVindividual again) and 1 representing that you were very unsatisfied (and would never hire the firmtndivdival again). If you do not have sufficient knowledge of past performance In a particular area, leave It blank and the item or form will be scored "0." / Project Description: i n � r r r� Completion Date: '. c f Project Budget: ._. 0- 00 Project Number of Days;_ Change Orders - Dollars Added: Change Orders - Days Added: Item Citeria c re 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -lime or early).r 3 Quality of work. / 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices: manuals or going forward documentation, etc.); 7 Ability to verbally communicate and document information clearly and succinctly. 0 a Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfor# level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 2 3 9 - 417 -12 4 9 By 3/12/12 11 -5794 Solid Wasle Hammerhead Construction ITB Template 01012012 Packet Page -823- 35 5/8/2012 Item 16.C.1. C& c"101111�v �:+rrare s.rto.. talr� Attachment B: Reference Questionnaire Reference Questionnaire For: (Name of Company Requesting Reference Information) (Name ndividuals Requesting Reference Information) Nam . O.�M7— ' �-VE1-- 76 J Company. Ca0 uator - / E� ,-.? 11, -- (Evaluator completing reference questionnaire) (Eva s Company completing refe ce) Email: / � � /K �v E> 039— /79-7 -379 Telephone: z3 9 - 2-13 Collier County is implementing a process that collects reference Information on firms and their key personnel be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has 110 d you as a client for which they have previously performed work. Please complete the survey. Please rate each crited to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the fiml/indivd14l again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item orl form will be scored "0.° ��yb�J ��ect7�fJ%�,/ Project Des 1p n: rgei�T� �� /Li Completion Date: r �� Project Budget: Oa Project Number of Days: 3O Change Orders - Dollars Added: Z--510' 490 Change Orders - Days Added: i `,,.' "., (. r,.. 1.:*., 1SY fn.... "w.f ..� .�,.�.. �,'�te�a �" .;h 1:!p ... .��+'�'tG"�sn'� ..yy�• 1 Ability to manage the project costs (minimize change orders to scope). /L 2 Ability to maintain project schedule (complete on -time or early). / D 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. /0 I 6 Close out project process (final product turnover, invoices: manuals or going forward documentation, etc.) p 7 Ability to verbally communicate and document information dearly and succinctly. 8 Abldity to manage risks and unexpected project circumstances. /Q l 9 Ability to follow County policies, procedures, rules, regulations, etc. Q , 10 Overall comfort level with hiring the company In the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 2 3 9 - 417 -124 9 By 3/12/12 11.5794 Sold Waste Hammerhead Construction I 35 ITB Template 01012012 j Packet Page -824- Attachment 8: Reference Questionnaire 11 -5794 Solid Reference Questionnaire for: 5/8/2012 Item 16.C.',. (Name of Company Requesting Reference Information) Ja t' wtct H h (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Emall: FAX: Telephone: Collier County is implementing a process that collects reference Information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firmfindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave It blank and the item or form will be scored "0.' MINIZGO I St,14'N D Project Description: �.iG KYlk CtNTEK " re) Completion Date: O Project Budget: _t- n (7. 00 Project Number of Days: coo DAYS Change Orders - Dollars Added : Change Orders - Days Added: - -4-- Item 1 Citeria Ability to manage the project costs (minimize change orders to scope). Score 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of worst. 10 4 Quality of consultative advice provided on the project. t 5 Professionalism and ability to manage personnel. ` 0 6 Close out project process (final product turnover; invoices: manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 1 8 Abiltlty to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). L 7 6 C) TOTAL SCORE OF ALL ITEMS $ Please FAX this completed survey to: 2 3 9 - 417 -124 9 By 3/12/12 11 -5794 Solid Wasle Hammerhead Construction ITB Template o1012012 Packet Page -825- 35 5/8/2012 Item 16.C.1. Solicitation: 11 -5794 Solid Reference Questionnaire for: •drsw#imstk, Attachment 8: Reference Questionnaire ad Construction um a» n t n c- (Name of Company Requesting Reference Information) i . _ ._ (Name of Individuals Requesting Reference Information) Company. Name: Ryan White, P.E. Davidson Engineering, Inc. (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ryan @davidsonengineering.com FAX: 239 - 434 -6084 Telephone: 239 -434 -6060 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very salisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the ftrmrtndivdival again). if you do not have sufficient knowledge of past performance in a particular area, leave It blank and the item or form will be scored '0." Crllrtr Caen+ QCtovexv l�a� Project Description: Completion Date: —.?Iid AD Project Budget: R_% ToO Project Number of Days: _1,5-41ig t Change Orders - Dollars Added: Change Orders - Days Added: Please FAX this completed survey to: 2 3 9 - 417 -124 9 11 -5794 Solid Waste Hammerhead ConstmIlon ITB Template 01012012 Packet Page -826- By 3/12/12 35 Citeria am 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Close out project process (final product turnover, invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Abllity, to follow County policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please FAX this completed survey to: 2 3 9 - 417 -124 9 11 -5794 Solid Waste Hammerhead ConstmIlon ITB Template 01012012 Packet Page -826- By 3/12/12 35 5/8/2012 Item 16.C.1. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 HASTHMONROE STREET W11 1940 LLAS• � 32399 -0783 STEn*UU +T, BRADFORD WAYNE BRADANNA INC 2805 S HORSESHOE DRIVE #12 NAPLES FL 34104 Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeQue restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new iicansei The : :GENE Named;: lie1G E rani ?�F DETACH HERE STATE OF �LORICA AC# 5 IJ 5 4 b -9. D$PARTM.ENT OF,-BU6INESS' AND " � PROFESS &EGU%,A't'ION r CC4C15073 `. D % D 7 tSt7043863 CERTIF13 E "G04?kACTOR STIsI rpRpRri'E SRRDANNA ji ,� f� '"fro. Xrc w•S 'a.�i t �rl4 ; •. ' ��rfi �,q r `��ti. � i {torlr r i( c)t' Tea �_ „dry "I S':,CERTIlYIEb' uadQr Uia prwarr�una''ot,'�tti'�,� M.q„ '�Plzetioo daee-AirG .3i; �Oli .L10A7�'Rt3�,23Q •' i ^•' ( *„ ST`►TE t3F;l•C3R.I[3A s iDEPART]!3E1, T - B IMES3' PRO, F#�SSIONAL REGUL�fTT{7Y+� *: Y„y COBS C'TTttN UY >T+ICSNSiNG' BOARD ., , . SEQ#.=o072701236.'; D043863 COt1561312 C1iARyCRIST CiiAR M- LIS =LIE 4 r GOVERNO}3: INTBFtIM SECRETARY D"ISP AY AS i50 ED -AVV Packet Page -827 - " M z roe _j In 2m^ XX M CL 0 12 -C a) w U. LU LL W C5 0 ul z Z z !- zwk- o H 9 to 0 two z z cc 10 LL a M. 0 2A I o co E 44 LL3 0 in w CA to cc F- ell Ul x 8 sle 15 LU 1:- IL W 0 < U, LL LU e4z = Z 0 w a) f =17 , , it , M cc : a 0 CL ;�� 6 '0 Z 05 0 IL V) M =r Cr =ROM 0 6 80 Ul -j 0 -j- 00 0 0 W tc=' 75 , 0 0 L) N a' 0 !2 iz N 0 0 w 4U S s 40 0 to 0 W Cd ttt 2 kn C3 o 0 sn M 0 _-I .. IL Z = fu 6 0 0 .0-ff E LL o we E O00 0 es w -LU z Cf) < IM 0 n Co Co z L) 0 Packet Page -828- 5/8/2012 Item 16-C.I. lii'��" Adrninistmtive Services division "Iurzhasing Memorandum Date: March 5, 2012 5/8/2012 Item 16.0.1. Email: nicoleparker @colliergov.net Telephone: (239) 252 -4270 FAX: (239) 252 -6549 From: Nicole Parker, Purchasing To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title: 11 -5794 Solid Waste Hammerhead Construction The following clarifications are issued as an addendum identifying the following change(s) for the referenced solicitation: 1. The insurance requirement have changed, the revised requirements will include $1,000,000 worth of Pollution Control coverage. ►� -. $ 1,000,000 Per Occurrence 2. Please see the attached revised Vendor Price Sheet, the unit prices have been deleted. Please enter one lump sum cost on the revised Vendor Price Sheet. Please make sure you sign this addendum and include it with your bid package. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dayne Atkinson, Project Manager AddendumTemplate Revised: 4/15110 1 Packet Page -829- 5/8/2012 Item 16.C.1. i l 0" Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #11 -5794 Solid Waste Hammerhead Construction • Opening Date: March 14, 2012 at 3:00 pm. 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 TITLE ON THE OUTSIDE OF THE COURIER PACKET. a wa!! Title Date 11 -5794 Solid Waste Hammerhead Construction 27 ITBTemplate_01012012 Packet Page -830- 5/8/2012 Item 16.0.1. Attachment 3: Vendor Submittal - Bid Response Form FROM: � 0 ( '0'VC/'e 4- z/- C Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #11 -5794 Solid Waste Hammerhead Construction Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: c4 % 3 Days; Net Days N Bid Response Form is manual. Please input your prices into the Excel document provided. Note: Please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. 11 -5794 Solid Waste Hammerhead Construction 28 ITS Template_01012012 Packet Page -831- 5/8/2012 Item 16.C.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2012 in the County of , in the State of Firm's Complete Legal Name - �►.�e- re_ e- L l.. c Address 6� i t� ►...e 1�,�g.e , ?�4 City, State, Zip hI u , l e- z, 1 , 3 '-a 1 l Florida Certificate of Authority G Q9 1 3 7 fa R Document Number Federal Tax Identification C--) ' 3 Q Number Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 11 -5794 Solid Waste Hammerhead Construction 29 ITB Template_01012012 Packet Page -832- Vendor Price sheet 5/8/2012 Item 16.C.1. 11 -5794 Solid Waste Hammerhead Construction This price sheet is for award consideration only. All future projects will be 1 quoted according to proce quote procedures below. Exhibit IA: Construction Plan for Design 01 -18 -12 should be used to submit 2 prices as described below. The County shall rank order all contractor's Vendor Price Sheet TOTAL from lowest to highest to determine the overall lowest pricing offered. The lowest 3 three (3) — five (5) contractors will be considered for an award. Date: Lt a 0 1 r) Packet Page -833- 10, MW ml „ .R.... .. ,_. . 1 MOBILIZATION LS 2 MAINTENANCE OF TRAFFIC LS 3 STAKED SILT FENCE, TYPE III LF 4 FLOATING TURBIDITY BARRIER LF 5 CLEARING AND GRUBBING AC 6 EXCAVATION CY 7 IMPORTED FILL, COMPACTED AND IN PLACE CY 8 MILLING /REMOVAL OF EXISTING ASPHALT PAVEMENT SY 9 ASPHALT CONCRETE (1.5" TYPE SP -12.5 STRUCTURAL COURSE) SY 10 STABILIZED SUBGRADE (12" LBR 40) SY 11 LIMEROCK BASE (6" LBR 100) SY 12 REINFORCED CONCRETE PAVEMENT (8" THICK, CLASS 1, 3000 PSI) SY 13 SOD SY 14 19 "X30" ELLIPTICAL REINFORCED CONCRETE PIPE LF 15 MITERED END SECTION EA 16 RIP -RAP (12" DEEP, 6" MIN. SIZE) SY 17 REPLACE EXISTING OBJECT MARKERS WITH OM4 -1 (9- BUTTON) EA 18 E NPDES PERMIT /COMPLIANCE LS TOTAL LUMR SUM IP ICE $30,500.00 Date: Lt a 0 1 r) Packet Page -833- 5/8/2012 Item 16.6.1. Attachment 4: Vendor Stibmittal — Local Vendor Preference Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business tJ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in &Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): I Z� Number of Employees Living in q Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): ) a If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: f r Date:f z, Address in Colli r Lee County:° n Signature: Title: � ^�- STATE OF FLORIDA '[�] COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this . �ia�d�o�rd�d of �`'� �� "�- 20 c„/ - C_ 0A EXP/ °o �- 5 FS 9F Notary Public C. xj`� 2G'`' i(J r xOy My Commission Expires: (AFFIX OFFICIAL SEAL) - ` `°. � a sx ° 11 -5794 Solid Waste Hammerhead Construction ITB Template 01012012 Packet Page -834- Day 30 5/8/2012 Item 16.C.1. Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: #11 -5794 Solid Waste Hammerhead Construction This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence 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 include this Affidavit and acceptable evidence of enrollment in the E-Verifv oroaram. mav deem the Vendor/ Bidder's proposal as non - responsive Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name �C? , , f- je /_L Print Name / y lAQ-V - ( Q- < Title Signal Date ? J 1 a State of F /D f w C -� County of ! The foregoing instrument was signed and acknowledged before me this day of '�Gh tom. 20 b y who has produced I Pri t gr7ype Name) r, - �� t ___, as identification. _ (Type of Identification and Number) . F OSG Y// Notary Public Signature <rF Printed Name of Notary Public ' z s �® : o= i} y5 '�'s `j �✓}� Notary Commission Number /Expiration Notary ± y�TgRY �r... PUB The signee of this Affidavit guarantees, as evidenced by the sworn affidavi 7a "aired herein, the truth and this affidavit to interrogatories hereinafter made. accuracy of 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -835- 31 5/8/2012 Item 16.C.1. 6w Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name L L (as shown on income tax return) Business Name (if different from taxpayer name) Address (, Q 1 °'J P e. i2.ci 12`i' City a, 0 j State F Zip *3 'Lf / l P Telephone 2 &'1 • Zf+i;)-'? # 10 FAX Z 3 `r" 3S-'Y - '4qS'--S Email Order Information Remit! Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual /Sole Proprietor Corporation Partnership _Tax Exempt (Federal income tax- exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnershipj 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) -::P -> "" 12.S' t1--D :9 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under pena es of perjury, /certify that the information shown on this form is correct to my knowledge. Sign `utlp, Date Title Phone Number 2 3-7 ° 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -836- 32 5/8/2012 Item 16.0.1. .. "..:dual ^a•r Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. gl Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. Empioyer's Liability $1,000,000.00 single limit per occurrence 3. Qi Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000.000.00 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' tees 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 $ 1,000,000.00 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 11 -5794 Solid Waste Hammerhead Construction ITB Tempiate_01012012 Packet Page -837- 33 5/8/2012 Item 16.C.1. ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and 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 certfcates 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 Nam Insurance Agency Agent Name e- Q Date 3- 1 3- 2-..=, 1 2 Telephone Number 11 -5794 Solid Waste Hammerhead Construction 34 ITB Template_01012012 Packet Page -838- Attachment 8: Reference Questionnaire 11 -5794 Solid Waste nce ,Questionnaire for: 5/8/2012 Item 16.C.1. (Name of Company Requesting Reference Information) (Name of,IIn'dividuals* Requesting Reference Information) Name: cYc /r Company:.— (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:l�k'utrGr� rlf`t'�s FAX: � r yp Telephone: 2 6 ,;�L - Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0_° Project Description:�r 111z,;'77 - Completion Date: C f� Project Budget: t✓,1r- ((, Project Number of Days: Change Orders - Dollars Added : �_ Change Orders - Days Added: M Item 1 Citeria Ability to manage the project costs (minimize change orders to scope). Score 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. r9 8 Abiltity to manage risks and unexpected project circumstances. Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -839- LM 35 Attachment 8: Reference Questionnaire Solicitation: 11 -5794 Solid Waste Reference Questionnaire for: 5/8/2012 Item 16.C.1. (Name of Company Requesting Reference Information) (Name of Individuals'Requesting Reference Information) Name: r\AtCV-V,¢.G -L DSSU%t� —�? Company: /�"''La�•�vcn �- (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email�s 5 0l1,4 d ( • �`1 FAX: Telephone: J,,(, Z _pi L Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: �� — �",'r -` Completion Date: � ZU� Z-- Project Budget: Project Number of Days: Z2!',2 CJ Change Orders - Dollars Added Change Orders - Days Added: ,4 - 'e— Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. J 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) G v 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. v 10 Overall comfort level with hiring the company in the future (customer satisfaction). l TOTAL SCORE OF ALL ITEMS —� Please FAX this completed survey to: By 11 -5794 Solid Waste Hammerhead Construction 35 ITB Template_01012012 Packet Page -840- 5/8/2012 Item 16.C.1. Attachment 8: Reference Questionnaire 11 -5794 Solid Waste Hammerhead Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individual Requesting Reference Information) Name: L'�, 4 "� _ Company. "dui" I C /,I (Evalu for completing reference questionnaire) (Evaluator's Company completg reference) { j Email LIiA Telephone: ?. <y — -- , S_ Uolller County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of pas performapce in a particular area, leave it blank and the item or form will be scored "0.° Project Descrip ion:; 1` / Confpletion Date: Project Budget: -� i Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover, invoices; manuals or going forward documentation, etc.) (u 7 Ability to verbally communicate and document information clearly and succinctly. F 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -841- By 35 -1w- 5/8/2012 Item 16.C.1. Attachment 8: Reference Questionnaire Solicitation: 11-5794 Solid Waste Hammerhead Construction Reference Questionnaire for: t (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Name:,, .. F c;, Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: p n. y. .,f. , FAX: w Telephone: .A Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firmfindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0.N dg Project Description. Co pletion Date:' Project Budget: f Project Number of Days: g Change Orders - Dollars Added : Change Orders - Days Added:: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). .: j, 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. z r 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover, invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: 11 -5794 Solid Waste Hammerhead Construction ITB Template_01012012 Packet Page -842- By 35 Attachment 8: Reference Questionnaire : 11 -5794 Solid Waste Hammerhead Reference Questionnaire for: (Name of Company Requesting Reference Information) r. (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Email: FAX: 5/8/2012 Item 16.C.1. E Company: (Evaluator's Company completing reference) Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description. 7) Completion Date: .. Project Budget: 1 . z i i,-'r Project Number of Days: Change Orders - Dollars Added M Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). i t= TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 11 -5794 Solid Waste Hammerhead Construction 35 ITB Template-01012012 Packet Page -843- DBPR - QUARLES, BUDDY; Doing Business As: BQ CONCRETE LLC, Register 5/8/2012 Item 16.C.1. 4:25:21 PAW 2/29/20'2 -J;:-" n sec ez' Licensee Information Name: QUARLES, BUDDY (Primary Name) BQ CONCRETE LLC (DBA Name) Main Address: 6017 PINE RIDGE RD, SUITE 4329 NAPLES Florida .34.119 County: COLLIER License Mailing: License Location: License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Registered General Contractor Reg General RG291103768 Current,Active 07/18/2008 08/31/2013 Special Qualifications Qualification Effective Construction Business 07/18/2008 View RalateO _LigenSrw W 19 4 0 N � _�,IN - —!� :: :: -t -MOnrne-J �*aq� of Floi-ILIZ 15 an ANTFO elnrlWe- _,-- r: ow, F 'i) 4drj. t�scf' c re" C "Ot "Ypni "J , c-rI!,li ad�jt ec in i rov tnu elearon� all to this �m 1, ��SPzu. 'nnict lh- ol;� oy PrvFe C;, ti-ac!tionzi nnai! you ' ' ' ti� - �� r- - '4-"t Packet Page -844- https://wvv,Al.myfloridalicense.com/LicenseL;U,Laal."OF.'vx� —.d=AAB53B732561A8DBA... 2/29/2012 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Limited Liabilitv Comoanv B.Q. CONCRETE, L.L.C. Filing Information Document Number L05000073794 FEIIEIN Number 203251088 Date Filed 07127/2005 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 10/27/2009 Event Effective Date NONE Principal Address 6017 PINE RIDGE RD, SUITE 9329 NAPLES FL 34119 US Changed 03/03/2011 Mailing Address 6017 PINE RIDGE RD, SUITE #329 NAPLES FL 34119 US Changed 03103/2011 Roistered Agent Name & Address QUARLES, BUDDY 6017 PINE RIDGE RD, SUITE #329 NAPLES FL 34119 US Address Changed: 03/03/2011 Manager /Member Detail Name & Address Title MGRM QUARLES, BUDDY 6017 PINE RIDGE RD, SUITE #329 NAPLES FL 34119 US Annual Reports Report Year Filed Date 2009 10/27/2009 2010 03/31/2010 Document Searches 5/8/2012 Item 16.C. i . Forms Help Entity Name Search Submit http: / /sunbiz.org/scripts /cordet.exe ?action= Packet Page -845 -; number— L05000073794 &in... 2/29/2012 5/8/2012 Item 16.C.1. Packet Page -846- W o ►�+. Dlam, A fi tnD r,vnrat S Art r` a z m t m N r vJ+ ni m 1 Ln w F rn rt,m m rt A Packet Page -846- 5/8/2012 Item 16.C.1. Packet Page -847- CERTIFICATE OF LIABILITY INSURANCE 2 /29 /2012 Producer: Lion Insurance Company 2739 U.S. Highway 19 N. Holiday, FL 34691 This Certificate is issued as a metttm of information only and Confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the Coverage afforded by the poles below. Insurers Affording Coverage NAIL # (727) 938 -5562 insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance company 11075 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer B: Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for ft policy period indicated. Notwithstanding any requirement, Dean or condition of arty oonhact 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 cordon of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of insurance I Policy Number Policy Effective Date Policy Expiration Date Limits (MWDD/YY) (MM/DD/YY) ENERAL LIABW TY Each Occurrence Commercial General Liability Occur Claims Made 1:1 Damage to rented premises (FA Mad Exp Personal Adv Injury neral aggregate limit applies per. General Aggregate Policy ❑ Project ❑ LOC Products - ConplOp A99 P TOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident)8 Bodily Injury All Owned Autos Scheduled Autos (Per Person) Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS /UMBRELLA UABIUTY Each ommenoe Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2012 01/01/2013 X wC Stahr OTH- Employers' Liability to Limits I ER E-L Each Accident $1,000,DDD Any proprietor /partnedexmutive officer/member E.L. Disease - Ea Employee $1,000,000 excluded? NO If Yes, describe under special provisions below. E.LDLsease - PoGcyLimits S1,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /LocationsfVehicies /Exclusions added by EndomemendSpecial Provisions: client ID: 41 -65 -750 Coverage only applies to active employee(s) of South East Employee Leasing Services, Inc. that are leased to the following "Client Company ": B.Q. Concrete, L.L.C. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc & Subsidiaries active employee(s) , while workjng in Florida. Coverage does not apply to statutDry employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: FAX: 239 - 594 -5351 & 239 - 252 -6597 / ISSUE 07 -30-10 (CF) / REISSUE 02 -29 -12 (TD) in Date:3/29/2007 CERTIFICATE HOLDER CANCELLATION COLDER COUNTY BOARD OF COUNTY COMMISSIONER Should any of the above described policies be canceiled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days wrinan notice to the certificate holder named to the left, but failure to do so shall impose no obligation or Viability of any find upon the insurer, its agents or representatives. 3301 TAMIAMI TRAIL EAST NAPLES, FL 34109 Packet Page -847- 5/8/2012 Item 16.C.1. NORTH POINTE INSURANCE COMPANY Named Insured: I BQ CONCRETE LLC POLICY NUMBER: 8090012640 Policy Effective From 04 /0912011 to 04/09/2012 COMMERCIAL LIABILITY DECLARATIONS LIMIT OF INSURANCE Code Premium Basis General Aggregate Limit (Other than Products - Completed Operations) $ 2,000,000 Products - Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury Liability Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Damage To Premises Limit (Any One Occurrence) $ 100,000 Medical Expense Limit (Any One Person) $ 5,000 Property Damage Deductible (Per Claim) $ 500 Commercial Liability Schedule Hazards Classification Code Premium Basis Rate Premium Deposit CONCRETE CONSTRUCTION - SUBMIT all structural 91560 $16,700(P) 32.700 546.09 work, including foundation repair, drilling and any crane exposures. Includes operations at the insured's permanent yard maintained for storage of material and equipment. Also includes foundations, making, setting up or taking down forms, scaffolds, falsework or concrete distributing apparatus. No bridge, dam, tunnel or sewer construction, gunite or shot -crete work, pile driving, tunneling, subway construction, caisson or cofferdam work, or highway construction. No playground work. FENCE ERECTION CONTRACTORS -for risks that only 94276 $16,700(P) 42.800 714.76 install or erect fences. This classification does not include fence dealers. MASONRY- 97447 IF ANY 17.750 0.00 Additional Insureds 44446 4(e ) IFLAT 200.00 Total or Minimum Premium 1,461.00 PREMIUM BASIS TBD = To be determined at Audit (c) cost (c) per $ 1,000 (e) each (e) per each (p) payroll (p) per $ 1,000 (r) recipients (r) per $1,000 (s) sales (s) per $1,000 (u) units (u) per each Forms and endorsements attached to this policy at time of issue: Refer to Summary Declarations NP 08 07 0510 Page 1 of 1 Packet Page -848- 5/8/2012 Item 16.C. . NORTH POINTE INSURANCE COMPANY COMMERCIAL SUMMARY DEC 10199 SOUTHSIDE BOULEVARD #200 Renewal of Number: New JACKSONVILLE, FL 32256 NORTH POINTE POLICY NUMBER POLICY PERIOD at 12:01 A.M. Standard Time FROM TO at premise of named insured. 8090012640 04/09/2011 04/0912012 NAMED INSURED AND ADDRESS AGENT NAME AND ADDRESS BQ CONCRETE LLC Amelia Underwriters, Inc P O Box 16569 6017 PINE RIDGE RD. #329 Fernandina Beach, FL 32035 -3127 NAPLES, FL 34119 Producer code: FL010 Business Description: CONCRETE FLAT WORK Form of Business: LLC Policy Changes Effective: In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. Coverage Premium Commercial General Liability Coverage Part $ 1,461.00 Inland Marine Coverage Part $ 0.00 Total Policy Premium $ 1,461.00 FL INSURANCE PREMIUM SURCHARGE $ 32.58 POLICY CHANGE $ -----------------------------------------------------=--------------------------------- Policy - Fe es: MGA fee $ 25.00 Emergency Management Preparedness and Assistance Trust Fund Fee: $ Citizens Recoupment Fee: $ Florida Hurricane Catastrophe Fund Assessment: $ 18.99 Florida Insurance Guaranty Association Assessment: $ 13.59 Citizens 2005 Emergency Assessment: $ TOTAL ADVANCE PREMIUM $ 1,518.58 Audit Period: ANNUAL Coinsurance Contract: the rate charged in this policy is based upon the coinsurance clause attached to this policy, with the consent of the insured. Form(s) and Endorsement(s) made part of this policy at time of issue: NP1390 FL (09 -10), CPPSUMDEC (11 -08), NP 08 07 0510, CG 03 00 01 96, CG 20 10 07 04, NP 04 85 02 05, IL 00 03 09 08, IL 00 17 1198, IL 00 21 09 08, CG 02 20 12 07, CG 00 01 12 07, CG 21 01 11 85, CG 2146 07 98, CG 2147 12 07, CG 2149 09 99, CG 21 50 09 89, CG 2166 12 04, CG 2167 12 04, CG 21 73 0108, CG 2186 12 04, CG 2196 03 05, CG 24 26 07 04, NP 01 94 06 04, NP 03 76 11 97, NP 03 79 05 05, NP 03 8101 01, NP 03 82 0101, NP 03 83 0101, NP 03 85, NP 08 09 02 06, NP 08 10 02 06, NP 08 11 02 06, NP 08 13 02 06, NP 08 16 02 06, NP 08 17 02 06, NP 08 18 02 06, NP 08 19 02 06, NP 08 20 02 06, NP 10 4102 07, NP 13 37 10 07 Countersigned 04/26/2011 By: Authorized Representative In Wdness Whereof, the company has caused this policy to be executed and attest4ed, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. CPPSUMDEC (11 -08) Comdegx) Packet Page -849- N- 5/8/2012 Item 16.0.1. CERTIFICATE OF INSURANCE XX ALLSTATE INSURANCE COMPANY ❑ALLSTATE INDEMNITY COMPANY [:)ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION "ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Board of County Commissioners Collier County B4 Concrete LLC 3299 Tamiami Trail, Ste 303 48 Wickliffe Dr. Naples, FL 34112 Naples, FL 34110 -1332 This is to certify that policies of insurance fisted below have been issued to the insured named above subject to the expiration date indicated below. notwithstanding any requirement, term or condition of any contract or t dr- document whh respect to which this cerbticate may be issued or may pertain. The insurance afforded by the policies a— Ah.A ��W. rQ mjhiad to all the terns. exclusions, and conditions of such policies. I Tre yr rr+wuR....�� ....� ...�.. Policy Effective Expiration COMMERCIAL. GENERAL LIABILITY Number Date Date Limn Amount GENERAL AGGREGATE LIMIT (Other than Products - Computed Operations). $ PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ S ANY ONE LOSS PHYSICAL DAMAGE LIMIT S ANY ONE PERSON MEDICAL EXPENSE LIMIT WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number Date Date Limits Coverage WORIERS?COMPENSATION STATUTORY• - a on in the follows states: $ EACH ACCIDENT ENPL gt.Uu a ucr.• in o BODLLI M1911RY BY ACCIDENT $ EACH EMPLOYEE iLY�,r.•r ^'" ° BODILY INJURY BY DISEASE POLICY POLICY LIMIT BODILY INJURY BY DISEASE Policy Effective AUTOMOBILE LIABILITY 048912427 Expiration 7123111 Date 7123112 Number Date LImits Covers a Basis Combined Single Limit of Liability ❑ ANY AUTO X OWNED AUTOS HIRED AUTOS BODILY INJURY & PROPERTY DAMAGE S 2,000,000 5J CH ACCIDENT Split Liability Limits ❑ SPECIFIED AUTOS NON -OWNED AUTOS Bodily to u Property D>iut►a a Each [3 OWNED PRIVATE PASSENGER AUTOS $ PERSON $ S ACCIDENT ❑ OWNED AUTOS OTHER THAN PRIVATE PASSENGER Policy Effective Expiration - 1MIBRELLA LIABILITY Date Date Number GENERALAGGREGATE PRODUCTS - COMPLETED OPERATIONS AGGREGATE eise,�lts' ,EHOCCURRED E R (Show Policy Effective Expiration bw Of Pd' Number Date Date DESCRIPTION OF OPERATI6NSI LOCATIONS A19141CLESIRESTRICnONSISPECIAL ITEMS -«• - CANCELLATION 2129/12 Number of days notice 36 Date Auth zed Represe ## $houid any of the above described policies be Cancelled the ration date, the issuing arty will endeavor to mail within the number of days entered above, written thQar1><icate holdernamed above. "fall to mail notice shall Impose no i don or liability of a kind u the company, its agents or representatives. 010523 -2 Packet Page -850- ALLSTATE INSURANCE COMPANY Home Office Northbrook. Illinois Calendar Date 02/29/2012 FLORIDA BUSINESS NAME BQ CONCRETE LLC BUSN ADDRESS 6017 PINE RIDGE RD CITY NAPLES HOME PHONE ( 239 ) 595 - 4519 5/8/2012 Item 16.0.1. CUSTOMER SERVICE REQUEST COMMERCIAL AUTO POLICY Policy Number: 048912427 07/18 ST: FL ZIP: 34119 BUSINESS PHONE : ( 239 ) 594 - 5351 ----------------------------------------------------------------------------- ADD POLICY ADDITIONAL INSURED Dir Code: 000000 Name: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY Address: 3299 TAMIAMI TRAIL 3 a 3 City: NAPLES State: FL Zip: 34112 ----------------------------------------------------------------------------- CHANGE POLICY ADDITIONAL INSURED Dir Code: 000000 Name: SOUTHERN SIGNAL & LIGHTING Address: 3884 PROSPECT AVE City: NAPLES State: FL Zip: 34104 ------------------------------------------------------ THIS ENDORSEMENT HAS AFFECTED THE FOLLOWING POLICY FORMS: Forms Added: CA2001 0306 ADDITIONAL INSUREDS THIS REQUEST IS SUBJECT TO POLICY TERMS AND IS EFFECTIVE ONLY IF THE POLICY NOTED IS CURRENTLY IN FORCE EFFECTIVE 11:03 AM 02/29/2012 Notice: it is a crime to knowingly provide false. incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. NO: 035329 LOC: EC2 Packet Page -851- 1877 -217 -7445 Agent's Phone# CG7t�iCF2ETE State of Florida, General Contractor License No. RG291103768 6017 Pine Ridge Rd. Suite # 329 Naples, Florida 34119 Office 239- 262 -7320 Fax: 239 - 354 -4458 To Whom It May Concern, 5/8/2012 Item 16.C.1. March 14, 2012 This letter is to officially let you know that BQ Concrete LLC is in the process of acquiring Pollution insurance. We have contacted our insurance company and have them adding it to our policy and will provide a copy of it to you within a reasonable amount of time as soon as we receive the certificate of it. If you have any questions please contact I at the phone number listed above. Thank you for your understanding. Best Regards Buddy Quarles / Owner Packet Page -852- r�x t p n i i r s s 5/8/2012 Item 16.0.1. AGREEMENT11 -5794 for Solid Waste Hammerhead Construction THIS AGREEMENT is made and entered into this day of f 2012, by and between the Board of County Commissioners for Collier County, Florida, apolitical subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Mitchell & Stark Construction Co., Inc., authorized to do business in the State of Florida, whose business address is 6001 Shirley Street, Naples, FL. 34109 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre - qualified and awarded a Contract to each firm. Each contract is for complete services for Solid Waste Hammerhead Construction on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #11 -5794 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. As allowed by ITB #11 -5794, each Contract also includes other driveway projects of similar scope on an as- needed basis as may be required by Owner. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within ten (10) working days. For projects with an estimated cost of Two Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain a proposal from all of the selected firms, negotiate favorable project- terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Two Hundred Thousand Dollars ($200,000) and less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator, County Attorney and Board of County Commissioners approval is required at this level. 4 Page -1- Packet Page -855- 5/8/2012 Item 16.C.1. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, FL. 34109 Attn: Brian Penner Phone: 239 - 597 -2165 Fax: 239 - 597 -7865 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attn: Purchasing /General Services Director Phone: 239 -252 -8407 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: _ Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: Incompliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. Page -2- Packet Page -856- 5/8/2012 Item 16.C.1. 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. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION:' Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include, Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury and property damage. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Page -3- Packet Page -857- 0 5/8/2012 Item 16.C.1. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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. 13. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ". C. If the surety for any bond furnished by-Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14.' PAYMENTS. Payments will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ". Page -4- Packet Page -858- 5/8/2012 Item 16.C.1. 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because. of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner.. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -5 -- Packet Page -859- 5/8/2012 Item 16.C.1. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with_ the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents -shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -6- Packet Page -860- 5/8/2012 Item 16.C.1. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such foss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 4; �' Page -7- Packet Page -861- 5/8/2012 Item 16.C.1. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time _thereafter, Owner and Contractor. shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1') The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with Page -8- Packet Page -862- 5/8/2012 Item 16.C.1. the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Solid Waste Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein .set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 11 -5794, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Page -9- Packet Page -863- 5/8/2012 Item 16.C.1. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 36.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, .: checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 39. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either 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. Page -10- Packet Page -864- 5/8/2012 Item 16.C.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: Dated: � (Seal) First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: r;r Scott Teach. Deputy County Attorney By: - - -- Fred W. Coyle, Chairman MITCHELL & STARK CONSTRUCTION CO., INC.. Contractor By: Signature Typed Signature Title Page -11- Packet Page -865- EXHIBIT A PUBLIC PAYMENT BOND 5/8/2012 Item 16.C.1. Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 201_, with Oblige for drawings and specifications, is referred to as the Contract in accordance with which contract is incorporated by reference and made a part hereof, and THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the ,prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 201_, the name of under - signed representative, pursuant to authority of its governing body. Page -12- Packet Page -866- Signed, sealed and delivered in the presence of: PRINCIPAL: 5/8/2012 Item 16.C. I. By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 201_, by , as of ,a known to me OR has produced. not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety corporation, on behalf of the corporation. He /she is personally as identification and did (did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -13- Packet Page -867- Vitnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 5/8/2012 Item 16.C.1. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 _, 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: 3 (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- Packet Page -868- EXHIBIT A -2 PUBLIC PERFORMANCE BOND 5/8/2012 Item 16.C.1. Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 201_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- Packet Page -869- 5/8/2012 Item 16.C.1. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the.number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 201_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the,presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201 _, by , as of a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- Packet Page -870- ATTEST: Witness as to Surety Witnesses SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) 5/8/2012 Item 16.C.1. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 _, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page -17- Packet Page -871- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) 5/8/2012 Item 16.C.1. Before me, the undersigned authority, personally appeared who after being duly swom, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 201_ for the period from to (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies; lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. M ITS: DATE: Witnesses STATE OF COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 201_, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: �. (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- Packet Page -872- 5/8/2012 Item 16.C.1. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. 11 -5794 Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (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: Page -19- Packet Page -873- (Signature) DATE: _ (Type Name and Title) 5/8/2012 Item 16.C.1. EXHIBIT D CHANGE ORDER ;HANGE ORDER NO. CONTRACT NO. 11 -5794 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 201_ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $. This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly,. 'he Contract Time is now (_� calendar days. The substantial completion date is and the ,nal completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: 1201 CONTRACTOR: By: DESIGN PROFESSIONAL: By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Page -20- Packet Page -874- OWNER'S Project No. PROJECT: 5/8/2012 Item 16.C.1. EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 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 The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all - inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21- Packet Page -875- ! 5/8/2012 Item 16.C.1. 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 , 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12012 OWNER By: Type Name and Title Page -22- Packet Page -876- OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 5/8/2012 Item 16.C. i . EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No, This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION AN Page -23 Packet Page -877- The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by.Design Professional on 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2012 OWNER By: Type Name and Title Page -24- Packet Page -878- 5/8/2012 Item 16.C.1. 5/8/2012 Item 16.0.1. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided. pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25- Packet Page - 879 - 5/8/2012 Item 16.C.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts c Dated: (Seal) First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney c Fred W. Coyle, Chairman MITCHELL & STARK CONSTRUCTION CO., INC. Contractor Signature Typed Signature Title Page -11- Packet Page -880- . 5/8/2012 Item 16.C. I. A G R E E M E N T 11-5794 for Solid Waste Hammerhead Construction THIS AGREEMENT is made and entered into this day of 2012, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and B.Q. Concrete, LLC., authorized to do business in the State of Florida, whose business address is 6017 Pine Ridge Road, Suite 329, Naples, FL. 34119 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre - qualified and awarded a Contract to each firm. Each contract is for complete services for Solid Waste Hammerhead Construction on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #11 -5794 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. As allowed by ITB #11 -5794, each Contract also includes other driveway projects of similar scope on an as- needed basis as may be required by Owner. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within ten (10) working days. For projects with an estimated cost of Two Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain a proposal from all of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Two Hundred Thousand Dollars ($200,000) and less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator, County Attorney and Board of County Commissioners approval is required at this level. Page -1- Packet Page -881- 5/8/2012 Item 16.C.1. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: B.Q. Concrete, LLC. 6017 Pine Ridge Road, Suite 329 Naples, FL. 34119 Attn: Buddy Quarles Phone: 239 - 262 -7320 Fax: 239 - 354 -4458 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attn: Purchasing /General Services Director Phone: 239 - 252 -8407 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county. agencies when the Contractor is acquiring permits. Page -2- Packet Page -882- 5/8/2012 Item 16.C.1. 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. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Liability: Coverage shall have minimum limits of- $1,000,000 per occurrence, combined single limit for bodily injury and property damage. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Page -3- Packet Page -883- 5/8/2012 Item 16.C.1. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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. 13. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance- Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Payments will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ". Page -4- Packet Page -884- 5/8/2012 Item 16.C.1. 15, PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the Aw whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor; and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor, shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, _as well as to claims based on late completion. Page -5- Packet Page -885- 5/8/2012 Item 16.C.1. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the . Project. Contractor warrants to Owner that any materials and equipment 'furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -6- Packet Page -886- 5/8/2012 Item 16.0.1. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is` "m entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES The Contractor shall employ people to work on County projects who are neat, clean, well- groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary , to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. Page -7- Packet Page -887- 5/8/2012 Item 16.C.1. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare. and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of Surety (if, applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as_ to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions Page -8- Packet Page -888- 5/8/2012 Item 16.C.1. thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this AMW Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby, expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the. time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Solid Waste Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 11 -5794, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Page -9- Packet Page -889- am 5/8/2012 Item 16.C.1. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 36.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 39. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either 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 ail such matters. Page -10- Packet Page -890- 5/8/2012 Item 16.0.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) Contractor First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman B.Q. CONCRETE, LLC. By: Signature Typed Signature Title Page -11- Packet Page -891- EXHIBIT A PUBLIC PAYMENT BOND 5/8/2012 Item 16.C.1. Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 201_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. . The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of - 201_, the name of under - signed representative, pursuant to authority of its governing body. Page -12- Packet Page -892- 5/8/2012 Item 16.C.1. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 201_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -13- Packet Page -893- As Attorney in Fact (Attach Power of Attorney) Nitnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF 5/8/2012 Item 16.C.1. The foregoing instrument was acknowledged before me this day of 201_, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- Packet Page -894- EXHIBIT A -2 PUBLIC PERFORMANCE BOND 5/8/2012 Item 16.C.1. Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ 1 ) 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 201 _, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time . specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- Packet Page -895- 5/8/2012 Item 16.0.1. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of ' 201_, the name of each party being affixed . and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201 _, by , as of , a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16 Packet Page -896- ATTEST: Witness as to Surety Witnesses STATE OF COUNTY OF 5/8/2012 Item 16.0.1. SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 201_, by as of , Surety, on behalf of Surety. He /She is personally known. to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- Packet Page -897- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) 5/8/2012 Item 16.C.1. Before me, the undersigned authority, . personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, aH 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 201— for the period from to (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 201_, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced. as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- Packet Page -898- 5/8/2012 Item 16.0.1. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 11 -5794 ` (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) 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 % Liquidated Damages to be Accrued $ Original Contract Amount:. Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (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: Page -19- Packet Page -899- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER ;HANGE ORDER NO. TO: DATE: PROJECT NAME: PROJECT NO.: 5/8/2012 Item 16.C.1. CONTRACT NO. 11 -5794 Under our AGREEMENT dated 201_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the inal completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: 201_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DESIGN PROFESSIONAL: By: By: Page -20- Packet Page -900- OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date 5/8/2012 Item 16.C.1. EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION lowk ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all - inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21- Packet Page -901- 5/8/2012 Item 16.C.1. 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 , 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12012 OWNER By: Type Name and Title Page -22- Packet Page -902- 5/8/2012 Item 16.C.1. EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No.` PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -23- Packet Page -903- 5/8/2012 Item 16.0.1. The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on , 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2012 OWNER By: Type Name and Title Page -24- Packet Page -904- 5/8/2012 Item 16.0.1. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby'provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty- is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25- Packet Page -905 - 5/8/2012 Item 16.C.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: Dated: (Seal) Contractor First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney Bv: Fred W. Coyle, Chairman. B.Q. CONCRETE, LLC. By: Signature Typed Signature Title Page-11- Packet Page -906- 5/8/2012 Item 16.C. i . A G R E E M E N T 11-5794 for Solid Waste Hammerhead Construction THIS AGREEMENT is made and entered into this day of , 2012, by .and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Bradanna, Inc., authorized to do business in the State of Florida, whose business address is 2805 South Horseshoe Drive Suite #12, Naples, FL. 34104 (hereinafter referred to as the "Contractor"). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days_ prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre - qualified and awarded a Contract to each firm. Each contract is for complete services for Solid Waste Hammerhead Construction on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #11 -5794 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. As allowed by ITB #11 -5794, each Contract also includes other driveway projects of similar scope on an as- needed basis as may be required by Owner. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within ten (10) working days. For projects with an estimated cost of Two Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain a proposal from all of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Two Hundred Thousand Dollars ($200,000) and less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator, County Attorney and Board of County Commissioners approval is required at this level. Page -1- Packet Page -907- 5/8/2012 Item 16.C.1. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. In,each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Bradanna, Inc. 2805 South Horseshoe Drive, Suite #12 Naples, FL. 34104 Attn: Joseph Steinmann Phone: 239 -455 -8891 Fax: 239- 417 -1249 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Govemment Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attn: Purchasing /General .Services Director Phone: 239 - 252 -8407 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: -in compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. Page -2- Packet Page -908- 5/8/2012 Item 16.C.1. 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. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION; The Contractor agrees that there shall be no discrimination as. to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury and property. damage. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Page -3- . Packet Page -909- 5/8/2012 Item 16.C.1. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall in 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. 13. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by. the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Payments will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ". Page -4- Packet Page -910- 5/8/2012 Item 16.0.1. 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete. work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -5- Packet Page -911- 5/8/2012 Item 16.C.1. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -6- Packet Page -912- 5/8/2012 Item 16.C.1. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be. responsible for and pay for replacement or AMW repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES The Contractor shall employ people to work on County projects who are neat, -clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations- of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. Page -7- Packet Page -913- 5/8/2012 Item 16.C.1. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete., Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the -Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor. shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with Page -8- Packet Page -914- 5/8/2012 Item 16.C.1. the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled 'to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed'to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Solid Waste Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 11 -5794, any addenda, any QuotationNVork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value . to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, -Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to _ appropriation by the Board of County Commissioners. 33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. - No markup shall be applied to sales tax. Page -9- Packet Page -915- 5/8/2012 Item 16.C.1. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C: 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 39. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either 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. Page -10- Packet Page -916- 5/8/2012 Item 16.C.1. - IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Am% ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) First Witness Type /Print Witness Name Second Witness Type/Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman BRADANNA, INC. Contractor By: Signature Typed Signature Title 5/8/2012 Item 16.C.1. EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 201_, with Oblige for drawings and specifications, is referred to as the Contract, in accordance with which contract is incorporated by reference and made a part hereof, and THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 201_, the name of under- signed representative, pursuant to authority of its governing body. Page -12 Packet Page -918- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 5/8/2012 Item 16.C.1. The foregoing instrument was acknowledged before me this of 201_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did - not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) - (Printed Name) OR Page -13 Packet Page -919- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 5/8/2012 Item 16.C.1. The foregoing instrument was acknowledged before me this day of 201 _, by , as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- Packet Page -920- EXHIBIT A -2 PUBLIC PERFORMANCE BOND 5/8/2012 Item 16.0.1. Bond No. Contract No. 11 -5794 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally.. WHEREAS, Principal has entered into a contract dated as of the day of 201`, with Oblige for ourselves, our heirs, in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, W whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- Packet Page -921- 5/8/2012 Item 16.C.1. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 201, the name of each party being affixed and these* presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201_, by , as of a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- Packet Page -922- ATTEST: Witness as to Surety Witnesses SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) 5/8/2012 Item 16.0.1. STATE OF (Telephone Number) COUNTY OF The foregoing instrument was acknowledged before me this day of 201 by , as Of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page -17- Packet Page -923 - EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) 5/8/2012 Item 16.C.1. Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 201 _ for the period from to (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns., that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthlyffinal] Application for Payment No. M ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 201_, by of , a corporation, on behalf of the He /she is personally known 'to me or has produced as identification and did (did not) take an oath. corporation day of as President [Corporate Seal] My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- Packet Page -924- 5/8/2012 Item 16.C.1. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 11 -5794 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Retainage @ 10% thru(insert date] $ Total value of Work Completed and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and'equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (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: Page -19- Packet Page -925- (Signature) DATE: _ (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. TO DATE: PROJECT NAME: ` PROJECT NO.: Under our AGREEMENT dated 201_. 5/8/2012 Item 16.C.1. CONTRACT NO. 11 -5794 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: , 201_ CONTRACTOR: By: DESIGN PROFESSIONAL: By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Page -20- Packet Page -926- 5/8/2012 Item 16.0.1. EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Cont ~ac 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 The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all - inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21 Packet Page -927- . 5/8/2012 Item 16.C.1. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional 2012 By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 12012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2012 OWNER By: Type Name and Title Page -22- Packet Page -928- 5/8/2012 Item 16.C.1. EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To VWNtK And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -23- Packet Page -929- . The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2012 OWNER By: Type Name and Title Page -24- Packet Page -930- 5/8/2012 Item 16.0.1. 5/8/2012 Item 16.C.1. EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free - of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon.written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25 Packet Page -931- 5/8/2012 Item 16.C.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Fred W. Coyle, Chairman Dated: (Seal) BRADANNA, INC. Contractor By: First Witness Signature Type /Print Witness Name Typed Signature Second Witness Title Type /Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney Page -11- Packet Page -932 -