Agenda 07/26/2011 Item #16A137/26/2011 Item 16.A.13.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) #10 -5528 to AC Signs LLC for Bus Shelter
Installations in the estimated annual amount of $150,000; to authorize the Chairman to execute the
attached contract; and, to authorize the County Manager or his designee, to evaluate the existing
shelter design and explore possible options.
OBJECTIVE: The Alternative Transportation Modes (ATM) Department is seeking approval to
enter into an annual contract with a primary and a secondary vendor to complete survey.
permitting.. design and construction of approximately ten (10) shelters annually, dependent upon
budget availability.
CONSIDERATIONS: In January 2001. the Collier County Board of County Commissioners
(BCC) approved the Public Transportation Operation Plan (PTOP) and Collier County received
delivery of seven new buses for the start up of the CAT System. Today the CAT system operates
from 5:00 a.m. to 8:00 p.m.. seven days a week, excluding holidays. The CAT system consists
of ten fixed routes with seventeen buses operating during peak hours. CAT provides more than
one million passenger trips on its fixed route system each year.
The Transit Development Plan (TDP) approved on September 28, 2010 identified a need for bus
shelters to be constructed throughout Collier County. In addition. the construction of bus
shelters has been identified as a priority within the Growth Management Division's Strategic
Plan. In order to accomplish this goal, an ITB was sent on February 1 i, 2011 to over 1,100
prospective bidders for Bus Shelter Installations. Five bids were opened on March 3.. 2011 (one
bid was deemed non - responsive); and staff evaluated the submittals listed below:
AC Si ns LLC
510.172
Varian
_
815,006
Bonness —�
516,771
Jim Duffy Construction
523.319
The total bid was based on a typical installation of a shelter. Staff recommends awarding ITB
#10 -5528 to AC Signs LLC. Per the solicitation, it was the intent of the County to award to the
lowest and qualified vendors on the basis of a primary /secondary award determined by base bid.
After further review of FTA guidelines, this method is prohibited and therefore the award will be
made to lowest responsive, responsible bidder. AC Signs.
There are currently 13 shelters in stock. These shelters will be installed with this contract. Prior
to purchasing additional shelters, an evaluation of the existing shelter design will be conducted to
explore other options available.
FISCAL IMPACT: The design and installation for FY 2011/12 will be funded through FY
1-011 FTA 5307 grant funding. Funding is available in CAT Grant Fund 424, within Pro
ject No.
TR- 000001 11.
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7/26/2011 Item 16.A.13.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board approve award of ITB 410 -5528 Bus Shelter
Installation to AC Signs LLC: authorize the Chairman to execute the attached contracts; and.
authorize the County Manager or his desi -nee, to evaluate the existing shelter design and explore
possible options.
Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Dept
Attachments: Bid Tabulation: Contracts
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
7/26/2011 Item 16.A.13.
Item Summary: Recommendation to award Invitation to Bid (ITB) #10 -5528 to a primary
and a secondary vendor for Bus Shelter Installations in the estimated annual amount of
$150,000; to authorize the Chairman to execute the attached contracts; and, to authorize the
County Manager or his designee, to evaluate the existing shelter design and explore possible
options.
Meeting Date: 7/26/2011
Prepared By
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineering & Construction Management
7/6/20114:44:07 PM
Submitted by
Title: Project Manager. Associate_Transportation Engineering & Construction Management
Name: OteroBrandy
7/6/2011 4:44:08 PM
Approved By
Name: BrilhartBrenda
Title: Purchasing Agent.Purchasing & General Services
Date: 7/7/2011 9:29:44 AM
Name: OberrathKaren
Date: 7/7/2011 3:56:46 PM
Name: BetancurNatali
Title: Executive Secretary.Transportation Engineering & C
Date: 7/7,2011 4:20:09 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services.Purchasing
Date: 7/8/2011 9:3329 AM
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7/26/2011 Item 16.A.13.
Name: SotoCaroline
Title: Management/Budget Analyst.Transportation Administr
Date: 7 /8/2011 10:43:51 AM
Name: AmoldMichelle
Title: Director - Alt Transportation Modes.Altemative Tr
Date: 7 /11/2011 9:26:32 AM
Name: CarterGlama
Title: Manager - Public Transit, Alternative Transportation Modes
Date: 7 /11/2011 10:28:31 AM
Name: FederNonnan
Title: Administrator - Growth Management Div.Transportati
Date: 7/11 /2011 10:48:52 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/11/2011 4:35:25 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 7,112/2011 3:28:58 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 7/13/2011 10:41:01 AM
Name: KlatzkowJeff
Title: County Attome},
Date: 7/13/2011 2:47:09 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management k Budget
Date: 7/18/2011 1:43:37 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/18/2011 6:48:23 PM
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7/26/2011 Item 16.A.13.
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7/26/2011 Item 16.A.13.
7/26/2011 Item 16.A.13.
AGREE MEN T10 -5528
for
Bus Shelter Installations
THIS AGREEMENT is made and entered into this day of , 2011, 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
AC Signs LLC, authorized to do business in the State of Florida, whose business address is
10201 Rocket Court, Orlando Florida 32824 (hereinafter referred to as the "Contractor ").
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on
and terminating 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 one (1) firm to
be pre - qualified and awarded a Contract. The awardee will enter into an Agreement to
provide complete services for Bus Shelter Installations on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of ITB 10 -5528 and
the Contractor's proposal, which is incorporated by reference and 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 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 Purchase 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 seven (7)
working days. Each shelter site will vary and the submitted line items prices will be used
to negotiate pricing for installation of approximately ten (10) shelters by September 1,
2011.
In each Request for Quotation, the Owner reserves the right to specify the period of
completion and the option of 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).
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7/26/2011 Item 16.A.13.
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:
Cristian Parra
AC Signs LLC
10201 Rocket Court, Suite 100
Orlando Florida 32824
(407) 857 -5564
(407) 857 -5565 (fax)
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
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
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.
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.
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7/26/2011 Item 16.A.13.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor or
if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Contract of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty -four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County and requirements of this Agreement, the County may
terminate said Agreement for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, 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 $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed
as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
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7/26/2011 Item 16.A.13.
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.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
Contractor/Vendor 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 or
anyone employed or utilized by the ContractorNendor 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.
12. 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. All applications for
payment, whether for full payment or a progress payment shall be in writing.
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for
Payment, or portions thereof, because of defective or incomplete work, outstanding
punchlist items, subsequently discovered evidence or subsequent inspections. The
Owner may nullify the whole or any part of any approval for payment previously issued
and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of: (a)
defective Work not remedied; (b) third party claims failed or reasonable evidence
indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after
three (3) days written notice, rectify the same at Contractor's expense. Owner also
may offset against any sums due Contractor the amount of any liquidated or
unliquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
14.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications must be approved in writing by Owner in advance.
15. 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
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7/26/2011 Item 16.A.13.
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.
16.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.
17. 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.
18. 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
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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.
19.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.
20. 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.
21. 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.
22.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the
Project requires any portion of the Work to be specifically inspected, tested or
approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish to the Owner the required certificates of inspection,
testing or approval. All inspections, tests or approvals shall be performed in a manner
and by organizations acceptable to the Owner.
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7/26/2011 Item 16.A.13.
23. 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.
24. 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 chanae in the Contract Documents is required because
of the action taken in response to an emergency, a written 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.
25. COMPLETION. 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, recommending
that on the basis of his observations and inspections, and the Contractor's provides
written 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.
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.
26. 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
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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 reach final completion and be ready for final acceptance by Owner
within the time specified in the Request for Quotation. Once a notice to proceed is
issued, the shelter shall be completed within 30 days after permit approval. In order to
complete all the required installations by September 1, 2011, shelter construction at
multiple sites shall be initiated simultaneously. "
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 completed within the
time specified in the Request for Quotation. Should Contractor fail to 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.
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 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.
27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Alternative Transportation Department.
28. 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. 10 -5528, any addenda, any Quotation made or issued pursuant to this
Agreement, and any related plans or specifications for any such Quotations.
29. 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 111, Florida
Statutes, Collier County Ethics Ordinance (most current), 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.
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7/26/2011 Item 16.A.13.
30. 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.
31. 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.
32. 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.
33. 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.
34.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.
35.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.
36. 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. Statute.
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.
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7/26/2011 Item 16.A.13.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
0
Dated:
(Seal)
First Witness
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
Im
NO
Fred W. Coyle, Chairman
AC Signs LLC
Contractor
Signature
Typed Signature
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Title