Agenda 09/11/2012 Item #16C19!' Y; 20 ' 2 Crerr 1 r
EXECUTIVE SU)IMARY
Recommendation to approve a work order under Request for Quotation 08- 5011 -68 in the amount
of $255,747.25 to Mitchell &Stark Construction, for Request
Utility Contracting Services for
the Wastewater Pump Station 103.03 Rehabilitation Project Number 70046.
OBJECTIVE: The public purpose of this project is to meet demand, stay in compliance, and
serve customers efficiently through the Wastewater �ump Station 103.03 Rehabilitation Project.
The work consists of structural, mechanical, and electrical improvements to the pump station.
CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County
Commissioners (Board) adopted the 2008 Water Master Plan Update that identified the
requirement for rehabilitating lift stations. The proposed scope of work for Project 70046,
"Wastewater Pump Station Technical Support," is consistent with the 2010 Wastewater CIP
Update, page 2 of 4, line 66, as identified in the 2011 'User Fee Rate Study.
Wastewater Pump Station 103.03 is located within the right -of -way of Cypress Way East in the
Palm River Estates area north of Immokalee Road. The primary issuing compelling rehabilitation
of this pump station involves the corrosion of components due to the hydrogen sulfide gases. The
scope of work includes removing the existing pumps and replacing them with more efficient
pumps, removing the existing deteriorating pipes and electrical panels and replacing them to
accommodate the required upgrades.
The county electronicallv distributed Request ',for Quotation 08- 5011 -68, PS 103.03
Rehabilitation on July= 11. 2012, to the five vendors under Fixed -Term Underground Utilities
Contract No. 08 -501 i. Four of those. contractors submitted quotations by the August i, 2012,
deadline. The quotations are summarized in the table',, below.
VENDOR
SUB -TOTAL
A
LOWANCE
TOTAL PROJECT
Mitchell & Stark
$ 212,500.00
$ 43,247.25
$ 255,74725
Quality Enterprises
$ 259,354.90
is 43,247.25
$ 302,602.15
Douglas N Higgins
$ 288,520.00
43,247.25
$ 331,767.25
Haskins Inc
$ 293,950.00
$ 43,247.25
$ 337,197.25
Kyle Construction
No Quote Received
N6
Quote Rec'd
No Quote Received
The engineer's estimate of probable construction cost was $331,562.25. Staff reviewed the
quotations and determined Mitchell & Stark Construction to be the lowest qualified and
responsive bidder at approximately 22.9 percent below the engineer's total cost estimate. The
quote tabulation and graph are Attachments 1 and 2. The Purchasing Department concluded that
bidding was competitive and representative of market conditions using the awarded vendors
from Contract No. 08 -5011. The project design professional, Agnoli Barber & Brundage, Inc.,
also recommends award of this work order to Mitchell & Stark Construction per the attached
letter dated August 16, 2012.
Packet Page -2718-
9/11 12012 Item 16.`'. .
Mitchell & Stark Construction has a satisfactory performance and warranty record on other
similar utility- related construction projects with Collier County. The bid specifications informed
the bidders there may be unforeseen conditions associated with the project. The total project cost
includes an allowance, in the amount of $43,247.25, for Owner – Directed Work due to
unforeseen corrosive or geological conditions that includes but is not limited to, repairs due to
structural deterioration, replacement of defective mechanical equipment, and deficient electrical
components. Subject to the Purchasing Policy, staff will negotiate a price for any unforeseen
conditions prior to the start of any additional work.
FISCAL IMPACT: Funding is available in and is consistent with the FY12 Capital Budget
approved by the Board on September 22, 2011. The source of funding is the Wastewater User
Fee Fund 414. Funds are available in Project 70046, Wastewater Pump Station Technical
Support Project.
The operating budget impact of the completed project is reflected in the table below. The total
capital cost to implement Project 70046 Pump Station Rehabilitation is $255,747.25. This is a
maintenance project; therefore, operating costs are not expected to change significantly.
Elements
FY 2012
FY 2013
FY 2014 - FY2032
Capital Outlay
$ 255,747.25
$0
$0
Operating Cost Change *
$0
$0
$0
*This reflects the approximate cost savings in the annual operating budget for each fiscal year
over the life of the asset.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio Governing
Board of the Collier County Water -Sewer District, approve a work order under Request For
Quotation 08- 5011 -68 in the amount of $255,747.25, which includes an allowance in the amount
of $43,247.25 for unforeseen conditions, to Mitchell & Stark Construction; and, authorize the
Chairman to sign and execute the work order after approval by the County Attorney's Office.
Prepared By: Zamira Del Toro, Project Manager, Public Utilities Planning and Project
Management Department.
Attachments:
Attachment 1- Quote tabulation
Attachment 2- PPMD Bid Analysis
Attachment 3- Recommendation Letter
Attachment 4- Work Order
Packet Page -2719-
9" '2:x'6 ' iter'
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1.
Item Summary: Recommendation to approve a work order under Request for Quotation
08- 5011 -68 in the amount of $255,747.25 to Mitchell & Stark Construction, for Underground
Utility Contracting Services for the Wastewater Pump Station 103.03 Rehabilitation Project
Number 70046.
Meeting Date: 9/11/2012
Prepared By
Name: DeltoroZamira
Title: Project Manager,Public Utilities Engineering
8/16/2012 2:55:29 PM
Submitted by
Title: Project Manager,Public Utilities Engineering
Name: DeltoroZamira
8/16'201= -:5_:3( PM
Approved By
Name: Steve Messner
Title: Plant Manager,Water
Date: 8/17/2012 10:16:05 AM
Name: JohnssenBeth
Date: 8/17/2012 10:37:33 AM
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 8/17/2012 10:38:22 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 8/17/2012 2:01:50 PM
Packet Page -2720-
9/11/201 12 Item 1 6.'_' ' .
Name: WardKelsev
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/20/2012 11:43:44 AM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 8/20/2012 12:46:08 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/20/2012 3:06:06 PM
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineering
Date: 8/22/2012 9:29:' )3 PM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 8/24/2012 10:47:31 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/24/2012 11:37:02 AM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 8/24/2012 12:00:22 PM
Naive: KlatzkowJeff
Title: County Attorney
Date: 8/27/2012 2:10:45 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 9/2/2012 9:15:49 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 8:47:37 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/4/2012 11:22:26 AM
Packet Page -2721-
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Bid Results of RFQ 08- 5011 -68 (PS 103.03 Rehabilitation)
$450,000.00 .............. ..._..... .._..... ..................
$400,000.00 ........ ............................
$350,000.00 ................. ........ ......... _. ____........_ __....... __.......
9/11 /2012 Item 1 �.�. � ,
KEY:
Dashed Green -
AVERAGE BID
ow
Packet Page -2723-
9111!2C`12 Item Ir' -.'
MEAN !� �i lJl`d ��1� 6�y INC..
August 16, 2012
Ms. Zamira DelToro
Project Manager
Collier County Public Utilities
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Re: Bid Award for the Rehabilitation of LS 103.03
ABB PN 10- 0109 -3
Dear Ms. DelToro:
Agnoli, Barber & Brundage (ABB) has completed its review of the bids provided by
Collier County for the rehabilitation of the above lift station. Competitive bids were
submitted by Haskins, DN Higgins, Quality Enterprises and Mitchell and Stark. The
Mitchell and Stark Construction Company submitted the lowest bid at $25,747.25.
ABB has worked with Mitchell and Stark on previous utility projects in Collier County
which have been favorable experiences. We recommend that contract be awarded to
Mitchell and Stark for their above bid amount.
Please contact me if you have any questions.
Sincerely,
Steven A. Martin, P.E.
Project Manager
Packet Page -2724
NVORF ORDER Item! 1E �.
tie: r uluert Dune `tJtilit
i. ontract Date: Marci i 'C . 200;;
nixed Term Contract i-xpires Marcia iU. 2013.
(RFQ #08- 5011 -64)
BCC approval Date: September 11, 2012
This Work Order is for Underground Utility Construction services for work knowii as:
Project Name: PS 103.03 Rehabilitation
Project No: 70046.4.4.I
The work is specified in the Proposal Page, dated August 7. 2012. which is attached hereto and made a part of this Work
Order. In accordance with Tenrts and Conditions of the Agreement referenced above and Request for Quotation #08-5011-68
dated July 11, 2012, as modified by Addendum 1 thru 2, attached hereto a part of this Work Order # (please
fill out once received) is assigned to: Mitchell & Stark Construction.
Scone of Work: Per Quote Tabulation form attached and the following: Existing valve vault, wet well piping and puttnps
shall be removed. The wet well shall be patched and coated. New wet well piping.. pumps, guide bar;_, brackets. floats, etc. are
proposed along with new above ground piping and valves, electrical upgrades are also included. 1 he Contractor is responsible
for all required bypassing and shall provide power to pump station throughout construction.
Task I - From Item I to Item 20 of Quote. Supply and install pumps, control panels, piping in the wet well
and above ground and other necessary materials to complete the work as intended by the plans.
Task 11 - Item 21 of Quote. Owner- Directed Work for geological or Corrosion Unforeseen Conditions
Schedulef Work: A limited NTP will be issued to Contractor to purchase materials and obtain permits. Another NTT' will
be issued to complete work within 180 days from the date of the Notice to Proceed.
Compensation: In accordance with Section 2 - Statement of Work for Agreement 408 -5011. the County will compensate the
Firm in accordance with follov�inv method(s): QNeaotiated Lump Suin: Lum m p Su Plug, Reimbursable Costs, [7�1`ime &
Material (non- guaranteed, owner directed work): ❑Cost Plus Fixed Fee. as provided in the attached proposal.
"Mask IT 5212.500.00 fLumf Sunni
Iasi, I1 5 43,247_25. ('Dime d Material!
S_,-
a5.74 r._5
TOTAL COST FOR TASKS I & 11 $ 255,747 25
PREPARED
Zannra DelToro, Project Manager
Planning & Project Management Department
APPROVED ICY:
Craig Pajer, P<E: ;PrincipgProject Manager
Planning & .Pict Management Department
APPROVED BY: —
Tom Chmelik, P.E.. Director
Manning & Project: Management Department
Packet Page -2725-
Daie --
Date.
t Z' Z-�}
APPROVED By-,"'
,Beth .1 olinssep/Operations Manager
Wastewater Department
APPROVED BY:
-- - - --------
S16 ve Me e , 'r I sn s .) irector
Wastewater Department
APPROVED BY:.
Nicole Parke�, Procurement Speajulist
Ptirchasing'T'NTMIment- `4'#
APPROVED M :
George Yi1mv-:° Aliainistrator
Public Utilities
P 'I! !2C' I _- It err 16.` '
......... .. .
Date
bate
Date
Date
AT- ]'EST: BOARD OF COUNTY ("ON41MISSIONERS
Dm-i,-,Ii( E. Brock. Clerk Collier County. Florida
By: _ . ........ ..... By:
Deputy Clerk Fred Wt C ovle. Chamriai.
Mitchell Stark Construction
(Print Narne!Titie)
Approved as to Form and
LeualSufficienev:
ATTEST:
. ......... ....... .... Bv:
Gniiiy Pepin
7
Assistant COL111tv Attorney,
(Print Name/Title)
Packet Page -2726-
9/11/2012 Item, 16.0.1.
fnisLative Services Division
Purchasing
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
RFQ #08-5011 -68
Pump Station 103.03 Rehabilitation
PROPOSALPAGE
DUE DATE. August 7 2012 at 11:00 a.m.
The undersigned, as quoter, hereby declares that the firm has examined the specifications and
is informed fully in regard to all terms and conditions pertaining to the project and, if this
Proposal is accepted, to furnish same in full, according to the following:
See separate Quate Sciedul
IN 'WITNESS WHEREOF, WE have hereunto subscribed our names on this ? day or
2C12 in the County of (n II / . in the state of FI ,
1`t 1, �,,.!, '
Firms Compiete Legal Name —
3
Telephone Number
2.
FAX Number
Email Address
City �, - - -- - - --
3,t c7
Zip — ........
Florida Certificate o L,hority Document Number i
9 '2 Item
011
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CO (1, ; "o Cf) 11�
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"Annual Contract for Underground Utility Contracting Services
THIS AGREEMENT is made and entered into this day of (Ylckr-c_6 , 2008, by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "County" or "Owner ") and Mitchell & Stark
Construction authorized to do business in the State of Florida, whose business address is 6001
Shirley Street, Naples, Florida 34109 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing /General Services Director 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 Purchasing /General Services Director, 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 five firms to be pre -
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor -to- medium scale future construction,
renovation and retrofit projects on an as- needed basis as may be required by the Owner it
accordance with the terms and conditions of RFP 08 -5011 and the Contractor's proposal made an
integral part of this agreement. The execution of this Agreement shall not be a commitment to the
Contractor that any work will be awarded tc, the Contractor. Rather. this Agreement governs the
rights and obligation of the Quotation procedure outiined in the next paragraphs and ali 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.
The Owner shall provide a summary of Work to be
opportunity to submit a formal quotation for the
information sought within seven (7) working days.
Thousand ($50,000) or less, the Owner shall obta
selected firms, negotiate favorable project terms
Order to initiate the projects.
performed which will afford the Contractor the
Work; the Contractor shall respond with the
For projects with an estimated cost of Fifty
n a proposal from one or more of the five (5)
and conditions, and issue a numbered Work
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
Pnae -1-
Packet Page -2730-
9111/2012 Item 16.C.'l .
ir. ea-^r Request. io' - _�=Latlon, trl- Owne` reserve_ the riQn: tG spe -cii the perioc o'
and the collection of liquidated damages in the even; of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on -call rotation schedule
for emergency underground utility contracting services. The on -call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on -call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on -call.
4. 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 service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Mitchell & Stark Construction
Brian Penner, CEO
6001 Shirley Street, Naples, Florida 34109
Phone: 239 -597 -2165
Fax: 239 - 566 -7865
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing /General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239 - 252 -8407
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.
6. 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.
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Packet Page -2731-
9!11,'2012 Item 16._`
PERMITS: "ICEWSES, TAXES. it compi�an :e wit; i �ectror �'i 6.�:: rionaa �TaTUTes; ail permiT
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for al
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. 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.
8. 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 immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 $2,000,000 Per
Occurrence, Combined Single Limit 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 $500,000 for each accident.
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9/11/2012 Item 16.x.'
JJecia - :eouirements �;oliie� '-. Din-rP, Ei3aro .o -: :,ommissione;5 L_ 115Lt:U &: HIS
certificate Hoide. anc inctudec aS ar Addifionai insures on the ;omprenensive Oeneru.
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County 30 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 insure 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
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 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. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
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 in excess of fifty thousand dollars ($50,000).
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 is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, 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 ". low
Pane -4-
Packet Page -2733-
0/• "fir) 1tam, i
DL X'ITJ J' 1' —'-Ir _)'rt' oc - �` _ a ". ',�� a l� ill atI_ _ To' a� /��.
poi [ion; trier eo r)ecaus - o- aefeCTwe o' iricOnnplei worm. uutsianciing puncniis *. item
subsequentiy discovered evidence or subsequen� inspections. The Owner may nullify the wnoie
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 of 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.
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
Pane -5-
Packet Page -2734-
9!1 1120'12 Item 16.x'.' .
snai s {i7mi ar ITB' ll7e� esti"'" -"aT: ,), aim c c, o' ume "1CC -..-` s- — o" savincz esee: a� re
Tor a. c r s,-,
o' the mange. �xcep it ar emergence ericiangen iit o* property, o- a, exmressiv se` Tort `
herein, no addition or changes to the Work: shall be mane except upon written order o- Owne -.
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
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.
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.
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;;sear. wek oroomel, an cr?L .eou .
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 Wore; or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
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
Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter,
Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the Work (or designated portion)
substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor.
Pane -7-
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9/11/2012 Item 16.C.11,
")wnc` consi4e : the Won to c.IesipncTer- Do -tion' substantiali ' complete `Jwner snail IDreDare
an-- oeiiver is :,oniracior a '�'-ertificaie Or :fompleIlOr, ( substantial o final Certificate of
which shall fix the date of Substantial Completion for the entire Wort-, (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, 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
Works acceptability. 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, 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
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9 11112012 Ite —Ii : 16.G .
a`- r nr rio � wr. . . TL see! ••rz -, °7. �ls _F'_
iiciuiaaiec iaamaae us penan\ wnic.- tr-,-- paaie: as represents G gar arnc reasonaDie
estimate o" the Owner c: actual damages a the time of contractinc if .ontra -Lo` faiis tc
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 Engineering 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, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, 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.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.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall otter
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 ir, one or more of the following consequences: a. Prohibition by the individual, firm,
and /or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
33. 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.
34. 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.
35. 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.
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9/ i '.- 2012- Item 16. Cl.
IN WITNESS WHEREOF, the Contracto, and the County, have each, respectively; oy an autriorizec
person or agent, hereunder set their hangs and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, ` fft of Courts
By: �.
Dated. .
r'
ea .x..
Attest. 43 trum f
4 ign6turt "100
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:_
Yom Henning, Chairm
Z,=L � By:
First Otness
-Type /Prints Witness: me
Second Witness
Type /Print Witness Name
Approved as to form and
legal s ie
Rob4rt N. ZachaiV
Assistant County Attorney
Mitchell & Stark Construction
Contractor
Signature
Typed Signature
C, --o ) U >�
Title
Page -10-
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waives anc. relinquisne-c an\ rigni wnicrt r ilia\ have is seei: cnarameriz- ME; &)ove notes
iiquiaatec camages as a penalty, which the paizies agree represents a fai° anc' 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 Engineering 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, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, 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. 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.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapte 112, Part III, Florida. Statutes, Collier County Ethics
Ordinance No. 2004 -05, and. County Administrative Procedure 5311. Violatior: of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and /or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
33. 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.
34. 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.
35. 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.
Paae -9-
Packet Page -2740-
:" "x;'20 I � Item 1 G. -
EXHIB[" A
PUBLIC PAYMENT BOND
Bond No.
Contract No, 08 -5011
KNOW ALL ME 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
, 200_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
200_, the name of under - signed representative, pursuant to authority of its governing
body.
P,gnp -11-
Packet Page -2741-
Tic ^e :, sea!e -- an.' oeiive "
ir, the r)resen;,� o'6,
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of 200_, 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 -12-
Packet Page -2742-
Witnesses
As Attorney in Fact
(Attach Power of Attorney;
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, 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.:
Paae -13-
Packet Page -2743-
6=XHiBE k
PUBLIr PERFORMANCE BONZ.
. ?.
Contract No. 08 -5011
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
200_, with Oblige for
day of
ourselves, our heirs,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principa" under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; anc
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 it
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.
Pana -1A-
Packet Page -2744-
"11 /20 41 "r- item 6'.:_'i
v nis instrumen'" sna bE construer- ir, all respects a5 'c common la\n oond. I -. is expressiN, unaerstooc
that the time provisions and statute of limitations undery 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
200_, 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
200_, by , as
,a
He /She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
day of
of
corporation, on behalf of the corporation.
as identification and
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Pant- -15-
Packet Page -2745-
Witness as to Surety
Witnesses
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
iTelephone Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, 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.:
Pane -1R-
Packet Page -2746-
EXHIS" i
RELEASE AND, A = =IDAV7 =CRIV
COUNTY OF COLLIER
STATE OF FLORIDA )
9/1 0 12 Item 1 .; . `i .
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 ,
200_ 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
, 200_, by , as
of , a corporation, on behalf of the
corporation. He /she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
NAME:
(Signature of Notary)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
Pane -17-
Packet Page -2747-
i
EXHIBiF
=ORIV OF COI!'T 121\ ^:. E PLYMEI
(County Project Manager) RFP No
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
08 -5011
iierc
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the
(Contractor's Address) 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
and stored to Date $
Percent Work completed to Date: % Less Retainage $
Percent Contract Time completed Total earned Less Retainage $
to Date % Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATIOR
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 connectior 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: (Signature) DATE: _
(Type Name and Title)
Rana -1 R-
Packet Page -2748-
XHIBI E.
CHANGS ORDE F'
CHANGE ORDER NO.
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
9! ";' II 2 0 E2 1terr, 'I EE .:,.'
CONTRACT NO. 08 -5011
Under our AGREEMENT dated , 200_
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 U 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: 200
CONTRACTOR: OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
DESIGN PROFESSIONAL:
By:
Panes -1 A-
Packet Page -2749-
iW
.x01
�4vCie'G.. GER7PPP' .A 7 - OF LI.ABILE € t' INSURANCE 9;"ii 112_ - fte
THIS CEP.TIFIC4.Tc 1S ISSUECk x.. L: ME_" TEF 0= W= ORMATIDE
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE-
": ob :-L. lresue a ce C=ou;. Iii- . HOLDER. THIS CERTIFICATE DOES NOT AMENC. EXTEND OF
O 't47 N. Meridian SL. Ste. 30C ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOV�
lianapolis IN 46260
Aone:317- 844 -7759 Fax:317- 844 -9910 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Zurich amerieen In$. company
INSURER B: arch Specialty insurance CO- 21199
Mitchell & Stark Construction INSURER C:
Comparep , Inc. - Florida
6001 SIzirle Street INSURER D:
Naples FL 3109
INSURER E:
P nMICDAr_CC
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MMIDD
DATE MMIDD
LIMITS
•
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ' K OCCUR
GL0464148403 (08)
03/01/08
03/01/09
EACH OCCURRENCE
$1,000,000
RENITED
PREMISES Eaoccurence
$ 300, 000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X JECOT F7 LOC
PRODUCTS - COMP /OP AGG
$ 2,000,000
•
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON- OWNEDAUTOS
BAP464148303(08)
i
03/01/08
03/01/09
I
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
j OTHER THAN EA ACC
i AUTO ONLY: AGG
F
B
EXCESSIUMBRELLA LIABILITY
F. OCCUR CLAIMS MADE ULP000476303 (08)
DEDUCTIBLE
X RETENTION $ 0
03/01/08
03/01/09
EACH OCCURRENCE
S 2(j,000,001
AGGREGATE
$20,000,000
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
yes, describe under
SPECIAL PROVISIONS below
S
WC464148503 (08)
03/01/08
03/01/09
X TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ADDITIONAL INSURED [GENERAL LIABILITY]: COLLIER COUNTY BOARD. OF
COMMISSIONERS. RE: CONTRACT #08- 5011 - 11ANNUAL CONTRACT FOR UNDERGROUND
UTILITY CONTRACTING SERVICES ".
CERTIFICATE HOLDER
COLLIER COUNTY BOARD OF
COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES FL 34112
ACORD 25 (2001108)
COLLI -8
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATNES.
Packet Page -2750-
CORPORATION 1988
.iC1.�' -r
ti
,.y YOU ARE THE RECIPIENT OF THIS CERTIFICATE
IAN.' WORDING TO INCLUDE THE HOLDEF. AS AF ADDITIONAL INSURES, PROVIDE
COVEF.AGE OA A PRIMARY AND NON - CONTRIBUTORY BASIS, OR PROVIDE F WAIVER OF
SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has, upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In some instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
changes in the insurance requirements.
In performing the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. Our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your information and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
Packet Page -2751-
f
vD 7PY
County
Administrabve Services Division
Purchasing
December 20, 2011
Mr. Brian Penner
Mitchell & Stark Construction
6001 Shirley Street
Naples, FL 34109
Fax: 239 -566 -7865
Email: boenner(W- mitchellstark.com
RE: Renewal of Contract #08 -5011 "Underground Utility Contracting Services"
Dear Ms. Penner:
Collier County would like to renew the above agreement under the same terms and conditions for
one (1) additional year in accordance with the renewal clause in the agreement. Per your
agreement/contract, you may at time of renewal request a price increase.
If you are agreeable please indicate your intentions by providing the appropriate information as
requested below:
I am agreeable to renewing the above referenced contract under the
g 9
same terms, conditions, and pricing as the existing contract. The
following attached documentation must be provided with response.
• Provide updated and current insurance certificate
I am not agreeable to renewal of this contract.
By your signature this contract will be in effect from March 11, 2012 until March 10, 2013.
Pt alk*V D pet mt- 3327 Tamiarti Tral East • Naples, Florida 34112.4901 • www.WftWV.rteVPtrrchaWng
Packet Page -2752-
9!h1f29 '6 2, lie- 16.x, .;.
Page 2 of 2
RE: Renewal of Contract #08 -5011 "Underground Utility Contracting Services"
Please return this letter to the Purchasing Department with your response and a current insurance
certificate at your earliest convenience: If you have any questions you may contact me at 239-252 -
6020, email brendareaves(M-colliengov.net and fax 239 - 252 -6592. y
Best regards,
f
Steve Y. Camell
Director — Purchasing / General Services
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a�s�S. i cbi?w czf, �. ^ 1
Name of Company
e, L
^IS ,— C c • -v L
Company Signature
-
Telephone Number
(Corporate Officer
Print Corporate Officer
'
FAX Number
�-
Name
Signature Date
j
Email'Address
2
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Contact Name
-
Telephone Number
FAX Number
30z — -5 G -- 7
Email'Address
Address
S T= N l e 5
3 /
C: Pam Libby, PUED -
Packet Page -2753-
a a �C
Adn-onisnuve Services Dvision
"Urc..hasinq
REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT #08 -5011
"Annual Contract for Underground Utilities"
Date: July 11, 2012
From: Nicole Parker, Contract Specialist
239 - 252 -4270, Telephone Number
239 - 252 -6549, Fax Number
nicoieparker c(�colliergov.net
To: Prospective Vendors
Subject: RFQ #08- 5011 -68
Pump Station 103.03 Rehabilitation Project
As provided in the referenced contract, the Collier County Purchasing Department is soliciting
quotes for the referenced project.
Your response must be received in the Purchasing Department, 3327 E. Tamiami Trail Naples,
Florida 34112 or via email to nicoleDarker(�collieroo�l.ne° no later than 11:00 a.m. on August 7,
2012. Any response received after that time shall not ae considered.
All quotations for this project shall be in accordance with the terms, conditions, and specifications
stated herein and in accordance with the terms and conditions of Contract #08 -5011 of which your
firm was an awardee. NO OTHER FIRMS ARE ELIGIBLE TO SUBMIT OR RECEIVE AN AWARD
FOR THIS PROJECT.
If you have any questions regarding the specifications or intended scope of work, you must make
those inquiries by 11:00 a.m. July 25, 2012. For general questions, you may contact the Purchasing
staff member noted above.
Your quotation response for this project is due no later than the date and time specified above. We
will not accept any quotation responses later than the noted time and date. If your firm is unable to
respond electronically, your quotation must be received in the office of the Purchasing Department at
the above referenced address no later than the time and date specified. No late quotation
responses will be accepted.
We look forward to your participation in this request for information /quotation process.
cc: Zamira DelToro, Project Manager
Packet Page -2754-
RFQ _ContractDriven_RevisedSeptem ber2009
1
9!11 1121012 Item 1 ✓. .`,.
Genera'! inror mat :or
The proposed project will be quoted anti awaraed to the contractor with the lowest cost
Each Contractor will be able to take a visual inspection of the existing conditions of the Pump
Station; the Project Site (PS103.03) will be available to the bidders on July 18, 2012
(Wednesday) from 9:00 a.m. to 10:00 a.m. if Contractors want to attend. However, a non -
mandatory pre -bid meeting is scheduled for July 20, 2012 (Friday) at 3:30 p.m. at the
Purchasing Conference Room A. Although this is not a mandatory meeting, it is advisable that
all bidders attend.
II. Specifications
1. See emailed file for this project. Pump Station 103.03, Civil and Electrical Plans, Project
Specifications, Quote form, etc.
2. Days to substantial and final completion from notice to proceed for this project: Pump
Station 103.03, 120 days to Substantial + 60 Days to Final
111. Instructions
1. Complete Vendor's name, sign and date on all pages where so indicated. This will
constitute your acceptance of the specifications, terms and conditions as listed. If
taking exception to any part or section of this request for information /quotation, please
indicate such exceptions on a separate sheet entitled "Exceptions."
2. Your quote may not be accepted unless all requested information is furnished.
3. The Collier County Purchasing Department reserves the right to reject any and all
quotes.
4. All quotations for this project must be made on the quotation form furnished by the
County. No quote will be considered unless the quotation form is properly signed.
5. All work completed shall be under the terms and conditions of the above referenced
contract.
6. Liquidated Damages
Owner and Contractor recognize that, since time is of the essence for this
agreement, Owner will suffer financial loss if the Work is not substantially completed
within the time specified above. Should Contractor fail to substantially complete the
Work within the number of calendar days for substantial completion established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a
penalty, $558.00 for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the contractor
fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated
damages, but not as a penalty, a sum certain per day, in the amount of $279.00 for
each day after the time set for Final Completion.
7. Performance and payment bonds shall be required if the lowest responsive quote
exceeds $200,000.
RFQ_ContractDriven_Revised Septem ber2009
2
Packet Page -2755-
"11 201 Iterr i E.
r`'dentn ,�auve ',ervicesDvision
urdhasing
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
RFQ #08- 5011 -68
Pump Station 103.03 Rehabilitation
PROPOSAL PAGE
DUE DATE: August 7, 2012 at 11:00 a.m.
The undersigned, as quoter, hereby declares that the firm has examined the specifications and
is informed fully in regard to all terms and conditions pertaining to the project and, if this
Proposal is accepted, to furnish same in full, according to the following:
See separate Quote Schedule
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this
, 2012 in the County of , in the state of
day of
Firm's Complete Legal Name
Telephone Number
FAX Number
Email Address
Address
City
State
Zip
Florida Certificate of Authority Document Number (www.sunbiz.org /se.arch/html)
Signature
Title
Print Name Date
RFQ_ContractDHven_RevisedSeptem ber2009
3
Packet Page -2756-
9,111 i'20 it 2 Item 16.G ' .
From: ParkerNicole
Sent: Monday, July 16, 2012 7:39 AM
To: ParkerNicole; Ryan; Belwell; Mike Westhafer; Brian Penner; Tammy Ludwig; Brandy Bartolone
(brandyb@dnhiggins.com); Lou Gaudio; Marcie Cohen; Kyle Construction Inc;
HHASKINS @HASKINSINC.NET
Cc: DeltoroZamira
Subject: ADDENDUM #1 - RFQ #08- 5011 -68 Pump Station 103.03
Good morning —the pre -quote meeting time for this project has been
changed to:
Friday,—* 20 2012 at 11:30am at Purchasing Conference Room A
Thank You!!!
From: ParkerNicole
Sent: Wednesday, July 11, 2012 11:40 AM
To: ParkerNicole; Ryan; Belwell; Mike Westhafer; Brian Penner; Tammy Ludwig; Brandy Bartolone
(brandyb @dnhiggins.com); Lou Gaudio; Marcie Cohen; Kyle Construction Inc;
HHASKINS @HASKINSINC. NET
Cc: DeltoroZamira
Subject: RFQ #08- 5011 -68 Pump Station 1.03.03
Good rnornln — please see tnce iittalined! R, C'j, Q(joJie' ne;:;
, t�OP, and Pans Tnari .
IN; - - ie, par; e!
Procurement Strategist
Collier County Purchasing Department
3327 -1arniami Trail East
Napkes, R_ 4112
Tel: 239 -252 -4270
Fax: 139-252-6549
Email: nicoleparkerPcollierRov. net
Packet Page -2757-
From: ParierNicoie
Sent: Wednesday, August 01, 2012 11:45 AM
To: ParkerNicoie; Ryan; Belwell; Mike Westhafer; Brian Penner; Tammy Ludwig; Brandy Bartolone
(brandyb@dnhiggins.com); Lou Gaudio; Marcie Cohen; Kyle Construction Inc;
HHASKINS @HASKINSINC.NET
Cc: DeltoroZamira; PajerCraig
Subject: ADDENDUM #2 - RFQ #08- 5011 -68 Pump Station 103.03
Hello - Please see the attached quote from Flyte — Thanks!!!!!!!!
From: ParkerNicoie
Sent: Monday, July 16, 2012 7:39 AM
To: ParkerNicoie; Ryan; Belwell; Mike Westhafer; Brian Penner; Tammy Ludwig; Brandy Bartolone
(brandyb @dnhiggins.com); Lou Gaudio; Marcie Cohen; Kyle Construction Inc;
HHASKINS @HASKINSINC.NET
Cc: DeltoroZamira
Subject: ADDENDUM #1 - RFQ #08- 5011 -68 Pump Station 103.03
Good morning — the pre -quote meeting time for this project has been
Changed to:
Friday, JuIV 20, 201.2 at 11:30am at Purchasing Conference Room A
Thank, You!!
From: ParkerNicoie
Sent: Wednesday, July 11, 2012 11:40 AN
Ta: ParkerNicoie; Ryan; Belwell; Mike Westnafer; Briar Penner; Tammy Ludwig; Brandy Bartolone
(brandyb@dnhiggins.com); Lou Gaudio; Marcie Cohen; Kyle Construction Inc;
HHASKINS @HASKINSINC.NET
Cc: DeltoroZamira
Subject: RFQ #08- 5011 -68 Pump Station 103.03
Good morning, — please see the attached PFt1.. C'tuott. Schedule, SpE cifhc:ations and Plana. Thank,.
Nicole Parker
Procurement Strategist
Collier County Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Tel; 239- 252 -42,'0
Fax: 239 252 6549
Email: nicoleparker @collierRov.net
Packet Page -2758-