Agenda 07/26/2011 Item #16D 77/26/2011 Item 16.D.7.
EXECUTIVE SUMMARY
Recommendation to award Bid No. 11 -5706 to DeAngelis Diamond, Inc. in the amount of
$422,890.00 (omitting Bid Alternate No. 3) for the construction contract of the Bluebill Ave.
Beach Access Turnaround Project No. 80058 and authorize the Chairman to execute the
standard contract after County Attorney approval.
OBJECTIVE: To award Bid No. 11 -5706 to DeAngelis Diamond, Inc. for the construction of
the Bluebill Ave Beach Access Turnaround Project in the amount of $422,890.00.
CONSIDERATION: On May 13, 2011 bids were posted in the lobby of the Purchasing
Department with 1,155 vendors being notified and 89 bidders electronically downloaded plans.
On June 16, 2011, one (1) bid was received by the deadline for the construction of the Bluebill
Ave Beach Access Turnaround Project Bid No. 11 -5706. Staff evaluated the bid received and
determined that DeAngelis Diamond, Inc. was the lowest, qualified and responsive bidder for the
award of Bid No. 11 -5706. The scope of work associated with the award of this bid will include
modifications to the existing street lanes with the installation of a turnaround drop off lane, new
asphalt paving, brick pavers and boardwalk access. sidewalk improvements, bike racks, benches,
concrete, foot shower, and landscaping improvements. The bid tabulation is as follows:
- 11. DeAngelis Diamond, Inc.
Bid alternative No. 3 to provide flowable fill in the amount of $200,000 was not exercised on the
basis that the intended alternate was provided solely as a consideration for expediting the
construction process, and therefore is not a project related requirement. The revised bid price of
$422,890 was accepted for this work. Therefore, in consideration of the lowest, qualified and
responsive bidder staff recommends that Bid No. I1 -5706 be awarded to DeAngelis Diamond,
Inc. in the amount of $422.890.00.
FISCAL IMPACT: Sufficient budget exists within Fund 183, Project 80058 to award this
contract. A second component to this prn_ject -which the Board will consider at a later date- will
include the installation of a new restroom facility to be constructed upon the release of the new
FEMA map revisions. After award of this contract, approximately $537,100 in project dollars
will remain.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan Objective 1 S, Policy 1.3? (Collier County shall continue to ensure adequate
access to beaches, shores and waterways).
ADVISORY COMMITTEE RECOMMENDATION: The Tourist Development Council will
review this item at a specially scheduled TDC. meeting on July 21. 2011. Their recommendation
will be provided to the Board in advance and reflected on the July 26.. 2011 change sheet.
LEGAL CONSIDERATIONS: The TDC and the BCC should make a finding that this project
and expenditure will promote tourism in Collier County. This item requires majority vote and is
legally sufficient for Board action. - CMG
Packet Page -1802-
7/26/2011 Item 16.D.7.
RECOMMENDATION: Recommendation to award Bid No. 11 -5706 to DeAngelis Diamond.
Inc. in the amount of $422.890.00 for the construction of the Bluebill Ave Beach Access
Turnaround Project 80058.1 and authorize the Chairman to execute the standard contract after
County Attorney approval.
PREPARED BY: Clint Perryman. Project Manager, CZM Department
Packet Page -1803-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7.
7/26/2011 Item 16.D.7.
Item Summary: Recommendation to award Bid No. 11 -5706 to DeAngelis Diamond, Inc.
in the amount of $422,890.00 (omitting Bid Alternate No. 3) for the construction contract of the
Bluebill Ave. Beach Access Turnaround Project No. 80058 and authorize the Chairman to
execute the standard contract after County Attorney approval.
Meeting Date: 7/26/2011
Prepared By-
Name: HambrightGail
Title: Accountant.Coastal Zone Management
6/29/2011 4:55:33 PM
Submitted by
Title: Accountant,Coastat Zone Management
Name: HambrightGail
6/29/2011 4:55:36 PM
Approved By
Name: McAlpinGan
Title: Director - Coastal Management Programs,Coastal Zon
Date: 6/29/2011 5:48:11 PM
Name: AlonsoHailev
Title: Administrative Assistant,Domestic Animal Services
Date: 6/30/2011 9:48:34 AM
Name:JohnsonScott
Title: Purchasing Agent,Purchasing R General Services
Date: 7/1/2011 8:12:20 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 7/8/2011 12:57:17 PM
Packet Page -1804-
Name: RamseyMarla
Title: Administrator, Public Services
Date: 7/11,2011 4:33:42 PM
7/26/2011 Item 16.D.7.
Name: GreeneColleen
Title: Assistant County Artorney,County Attorney
Date: 7/11 /2011 4:53:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/12/2011 3:13:03 PM
Name: FinnEd
Date: 7/18/2011 2:20:26 PM
Name: KlatzkowJeff
Title: Countv Attome\.
Date: 7/18/2011 4:25:09 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs.CMO
Date: 7/19/2011 4:5232 PM
Packet Page -1805-
Project Manager: Clint Perryman Bid No. 11 -5706
Date Posted 5/1 312 01 1 Bluebill Ave Beach Access Tirnaround Bathroom
Date Due: 6/16/2011
Number
Description
Unit
qty
DeAngelis
Diamond
1
Mobilization / Demobilization
LS
1
$184,400.00
2
Stormwater Pollution Plan
LS
1
$2,500.00
3
Site Clearing, Grubbing & Grading
LS 1
1
$7,500.00
4
Stormwater Management System
LS
1
$6,500.00
5
Asphalt Drive Turnaround/Patching/Overay Turnaround/Patching/Overlay
LS
1
$60.000.00
6
Paver Sidewalks and Pathway
LS
1
$13,000.00
7
Landscaping/Irrigation
LS
1
$25,000.00
8
Retaining Wall and Handrails
LS
1
$36,000.00
9
Swing Gate (Dbl. 12') Park Entry
LS
1
$3,600.00
10
Hardscape (benches, bike rack and shower )
LS
1
$7,500.00
11
Maintenance of Traffic
LS
1
$2,400.00
12
Sanitary Sewer
LS
1
$30,000.00
13
Water Service
LS
1
$14.700.00
14
4' Vin I Coated Chainlink Fence
LS
1
$2,400.00
15
Alternate No.1 20'x10'x4" Concrete Slab
LS
1
$990.00
16
Alternate No.2 Concrete Pilings & related work
LS
F 1
$19,000.00
17
Remove /Replace Unstable Sub grade
CY
100
$700.00
18
12" Water Main Deflection (If Necessary)
LS
1
$6,500.00
19
Alternate No. 3 Flowable Fill -Sanitary Sewer
LS
1
$200,000.00
Total
$622,890.00
Material Manufactures Yes /No :
Yes
List of Subcontractors `Yes/No):
Yes
Statement of Experience of Bidder (Yes/No):
Yes
Trench Safet Act (Yes/No):
Yes
Local Vendor Yes /NO :
Yes
E -Verif Yes /No :
Yes
Immigration Affidavit Yes /No
Yes
Bid Bond es /No :
Yes
Addendums Acknowletl ed (Yes/No):
Yes
Opened By: Scott Johnson
Witnessed By Nicole Parker
Packet Page -1806-
7/26/2011 Item 16.D.7.
Notices Sent: 1155
Notices Downloaded: 89
Bids Recieved 1
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INSTR 4563881 OR 4699 PG 2824 RECORDED 7/8/2011 3:30 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 7/26/2011 Item 16.D.7.
DOC @.70 $0.70 REC $35.50
CONS $0.00
THIS INSTRUMENT WAS PREPARED BYAND RETURN TO
Cheryl L Hastings, Esqu"
GRANT. FRIDKW, PEARSON, ATRAN d CROWN, PA
5551 Rio9ewacd Drive, Suits 501
Naples, Florlda 34105
239- 5141001
FOR OFFICIAL USE ONLY
EASEMENT
This Easement is made this h, 1 day of 2011, by VI LTD.
LIMITED PARTNERSHIP, a Michigan limited partnership, successor by merger to VI
PARTNERSHIP, LTD., a Florida limited partnership ( "OWNER'S, having its principal place of
business at 11125 Gulf Shore Drive, Suite_388— Naples FL 34108 in favor of the BOARD OF
COUNTY COMMISSIONERS , { X :L'Q1. Y, FLORIDA, AS THE
GOVERNING BODY OF COLYROUNT— 1� "apaH4l6gisubdivision of the State of Florida
( "COUNTY'D, whose address is 35 Tamiami Trnil East uite'101, Naples, Florida 34112, its
successors and/or assigns.
OWNER, for and in considi n af3be siurmf NneDDllar, and other good and valuable
considerations to OWNER tr and�ptii tlhe,r6c t c is hereby acknowledged, has
granted, bargained, sold and cdavayet( 4vttl bs does hereby, grant bargain, sell and
convey to COUNTY, its 5uctssat3-'antl ` ver,2 perpefua non-exclusive easement
upon, over and across the prpperty described on Exhibit "A" ,hereto'7or the purpose of providing
a vehicular turn- aroundfar4tp aff area; together 4A p e /*iinuing right to construct
improvements thereon, includurg; without limitation, asphatt crbfhrr paved surface, which may
be required for the full enjoyment 6p1b rights herein grate
This easement is granted in accor hkhA Eeans and conditions of Paragraph 4 of that
certain Settlement Agreement dated June 14, 2005 between OWNER and COUNTY. This
easement runs with the land and shall burden the land described above on Exhibit "A" hereto.
This is not homestead propcny.
IN WITNESS WHEREOF, OWNER has executed and delivered this instrument in its
name, by its proper officers, duly authorized to do so, before the undersigned witnesses, on the
date first above written.
Witnesses:
of 9Itness &1
Prinled,Vame of i3 meu
VI LTD. LIMITED PARTNERSHIP, a
Michigan limited partnership, successor by
merger to VI PARTNERSHIP, LTD., a
Florida limited partnership
B }° SG &C INVESTORS, INC., a Florida
corp atlWartner
By:
Edward R, Schonber ,
Vice President
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY CONNIssIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA, Packet Page -1823-
DATED: ! 1/w - -r ITEM NO_ , Z
I
i
9a,0
k 1�
OR 4699 PG 2825
STATE OF FUA}A )
) §§
COUNTY OF R )
7/26/2011 Item 16.D.7.
[1/ /t
ACKNOWLEDGED before me this A day of =s? 2011, by Edward R.
Schonberg, V.P. , of SG &C INVESTORS, INC., a Flori da corporation, as Sole General
Partner of VI LTD. LDAMD PARTNERSHIP, a Michigan limited partnership, successor by
merger to VI Partnership, Ltd., a Florida limited partnership, on behalf of said partnership, who
is personally known to me (yes) 4LD} svJta pced+rsed
as identification. ,
(l y'vtmy Seal)
. SI7ZIWNE C. WAt!A6E
� _A L7 N07ARYPUMrI SWEOF
'•A hY t�= fiONE)PI�Jan2
. Cn!tG+rorr�RyoF /,��
- Siare
or rnna
Expires:
R legal Sutficioncy
Asalsta-K County Attc;nep
F. N rJ % r T- (Z- ('S �J. ,-C
-2-
Packet Page -1824-
OR 4699 PG 2826
7/26/2011 Item 16.D.7.
EXHIBIT-id-
Page I Df 2_
BBLS
SURVEYORS & MAPPERS INC.
1502 -A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597 -1315
FAX: (239) 597 -5207
LEGAL DESCRIPTION
ACCESS EASEMENT
MORAYABAY
A PORTION OF LOT 6, BLOCK A, BAKER- CARROLL POINT UNIT NO. 2.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT
PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
A.
COMMENCE AT THE NQRT41EASTERLY Ci
A; THENCE RUN N.89 °94'20 "W. ALONG THE
6, BLOCK A FOR A DISTANCE OF53.S1FEE:
CURVE, CONCAVE TO THN_0 TI -0F WHI
N.53 °48'05 'W., A DIST MgM_QF KK FEM T�
THE POINT OFBIEG*MN6(01= THE RA�E
DESCRIBED; THENCER PLSOUTHWESTER
CURVE TO THE RIG rl, ITAVB1U'7�RADRUS
CENTRAL ANGLE'OF407 °5110 ", SUBTENDS
AT A BEARING OF Ntq°5220 "W, FOR A DI-S'
NORTHERLY LINE A as llE END OF SAID f
S.89 05270 "E. ALONG SAID" RLY LIN
FEET TO THE POINT OF BEARS
FEET OR 0.049 ACRES, MORE Oi 4ESS,$ik
W -OF SAID LOT 6, BLOCK
.I
NERLY LINE OF SAID LOT
APPOINT ON A CIRCULAR
.-HE RADIUS POINT BEARS
EiOM., THE SAME BEING
ALOVI G-TIHE ARC OF SAID
''68:00 MET, THROUGH A
BY A CI'IORD OF 109.93 FEET
NGtCF`128.01 FEETTO SAID
RVE; WHENCE RUN
A DISTANCE OF 109.93
iCONTAMS 2,151.70 SQUARE
'NGS REFER TO
BEARINGS SHOWN HEREON ARE BASED ON BAKER - CARROLL POINT UNIT
NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8,
AT PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD.
� 1 -1 07/20/06
STEPHEN E. BERRY, STATE OF FLORIDA, (L,S. #5296)
BBLS SURVEYORS B: MAPPERS INC., (L.B. #6753)
PROOFED BY:
Pop I of 2
VANDERBILT INN SPODJ 129 TUM EASEdm
Packet Page -1825-
* ** OR 4699 PG 2827 * **
w�s
90AIiG f' too'
p' 26' 60' 76' 100'
7
7/26/2011 Item 16.D.7.
EXHIBIT
Page 2- of 2- -
LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE RADIUS LENGTH DELTA CHORD CHORD BEARING
LI N89'52'20'W 53.51 Cl 68.00' 128.01' 10751'30' 109.93' N89'52'20'W
1-2 S8952'20'E 109.93
OELNCR PARK
EROSION CONTROL LINE
I
BLUEBILLAVENUE
(STATE ROAONO. 816)
L2
Ci
ACCESS EASEMENT
11, __� 6
WIK i4
-� LOT t "A
.R CARROLL POINT,'L
(PLAT BOOK B, PACE
l
P.O.C.
NORTHEASTERLY
CORNER OF LOT 6
1 1
.1
20.0'
U.E
J
o` c
1�
t
1,
Packet Page -1826-
t
REMAINDER OF LOT 5
'1
y
l
NOTES:
1.) BEARINGS SHOWN HEREON ARE BASED
ON BAKER- CARRCLL POINT UNIT No. 2,
LEGEND: (
PLAATTIOSOCK 8, PAGE 62. COLLIER COUNTY,
PCINT OF COMMENCEMENT
3
P.O.B. POINT OF BEGINNING
2.) THIS PROPERTY IS SUBJECT TO
U.E. UTILITY EASEMENT
EASEMENTS. RESERVATIONS OR
RESTRICTIONS OT RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN
c
FEET AND DECIMALS THEREOF.
4.) ALL IMPROVEMENTS SHOWN ON THIS
DRAWING ARE PROPOSED
i
SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
MORAVA BA Y, ACCESS EASEMENT
o
eaLd BORVEY0R66AUVPERS fNG
R
Lq
LOT 6, BLOCK A, AND THE NORTH 100' OF
LOT 5
RAIL HEAD BLVD.
Eg
BAKER CARROLL POINT, UNITNo. 2,
1=2 -A
s
PLAT BOOK 8, PAGE 62,
NAPLES, FLORIDA SURD M3V) SBLfXll
COLLIER COUNTY, FLORIDA
Packet Page -1826-
7/26/2011 Item 16.D.7.
COLLIER COUNTY VANDERBILT BEACH
ENGINEER'S OPINION OF PROBABLE COST
SID SCHEDULE SUMMARY
SCHEDULE
DESCRIPTION
TOTAL PRICE
A
Earthwork
$14,800.00
B
Paving
$138,910.00
C
Wastewater Collection
$30,448.00
D
Potable Water Distribution
$15,150.00
E
Storm Drainage
$9,800.00
TOTAL
$209.108.00
Landscape and Irrigation
Hardscape
Concete Pad
Pilings
Mobilization/Demobilization
TOTAL OF DD COSTS
$25,000.00
$7,500.00
$990.00
$19,000.00
$184,000.00
$2369490.00
GRAND TOTAL $445,598.00
Packet Page -1827-
7/26/2011 Item 16.D.7.
COLLIER COUNTY BLUEBILL AVE.
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "A"
EARTHWORK & SITE PREP
Clearing, grubbing and preparation of roadway rights -of -way, and casements areas as designated
by the Engineer in the field including chipping and grinding of all materials on the Owner's
property and then disposal of all residue off the Owner's property, all as specified, per acre
complete. All work in right -of -way is subject to inspection by the owner, Collier Count}, DOT
and FOOT contingent on final acceptance of improvements as shown and specified on the contract
documents.
ITEM
DESCRIPTION
UNIT
QTY
UNIT
PRICE
TOTAL PRICE
A -1
Clearing, Demolition and Grubbing
LS
1
$12,500.00
$12,500.00
A -2
Soil Removal
CY
100
$15.00
$1,500.00
A -3
Erosion Control -Silt Fence
LF
400
$2.00
$800.00
TOTAL
$14,800.00
Packet Page -1828-
7/26/2011 Item 16.D.7.
COLLIER COUNTY BLUEBILL AVE.
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "B"
GRADING, PAVING AND DRAINAGE
Parking construction complete per the plans and Collier County specifications including stabilized
subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an
independent laboratory, roadside fill and grading for full width of right -of -way and easements,
finish grading, seeding and mulch.
ITEM
DESCRIPTION
U`'IT
QTY
UNIT
PRICE
TOTAL PRICE
B -1
2" Aphaltic Concrete (Type S41I)(2 lifts)
SY
1,400
$11.00
$15,400.00
B -2
8" Limerock Base (compacted and primed)
SY
1,400
$12.00
$16,800.00
B -3
12" Stabilized subgrade
SY
1,510
$11.00
$16,610.00
B -4
Aphaltic Concrete Overlay of GSDr
SY
1,200
$7.50
$9,000.00
B -5
Type "D" Curb
LF
250
$25.00
$6,250.00
B -6
Site Grading
LS
1
$7,500.00
$7,500.00
B -7
Paver Sidewalk
SY
400
$22.00
$8,800.00
B -8
5' Concrete Sidewalk
SY
120
$35.00
$4,200.00
B -9
Signing R Pavement Markings
LS
1
$4,500.00
$4,500.00
B -10
IRetaining Wall and Handrail
LF
170
$200.00
$34,000.00
B -1]
Swing Gate
EA
2
$1,800.00
$3,600.00
B -12
Fence
LF
150
$25.00
$3,750.00
B -13
MOT
LS
1
$8,500.00
$8,500.00
TOTAI,
$138,910.00
Packet Page -1829-
7/26/2011 Item 16.D.7.
COLLIER COUNTY BLUEBILL AVE.
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "C"
WASTEWATER COLLECTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over - excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, flushing, clean -up including resodding areas previously sodded, seeding
all areas disturbed by construction, providing complete as -built drawings and other items necessary to
complete the system and provide the Owner, DEP and Collier County with a complete working wastewater
collection system as shown on the drawings and specified in these contract documents.
ITEM
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
C -1
6" Sanitary Lateral
LF
200
$25.00
$5,000.00
C -2
Manhole
EA
1
$4,500.00
$4,500.00
C -3
Core Bore Manhole
LS
1
$2,200.00
$2,200.00
C -4
8" Gravity Sewer
LF
244
$42.00
$10,248.00
C -5
lRestoration of ROW
LS
1
$8,500.00
$8,500.00
TOTAL
$30,448.00
Packet Page -1830-
7/26/2011 Item 16.D.7.
COLLIER COUNTY BLUEBILL AVE,
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "D"
POTABLE WATER DISTRIBUTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over - excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, disinfecting pipelines, flushing, cleats -up including resodding areas previously
sodded, seeding all areas disturbed by construction, providing complete as -built drawings and other items
necessary to complete the system and provide the Owner. DEP and City of Naples with a complete working
water distribution system as shown on the drawings and specified in these contract documents.
ITEM
DESCRIPTION
UNIT
QTY
UNIT
PRICE
TOTAL
PRICE
D -1
2" PVC Water Service
LF
260
$15.00
$3,900.00
D -2
Hot tap
LS
1
$2,750.00
$2,750.00
D -3
Water Main Deflection
LS
1
$8,500.00
$8,500.00
TOTAL 1
$15,150.00
Packet Page -1831-
COLLIER COUNTY BLUEBILL AVE_ 7/26/2011 Item 16.D.7.
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "E"
STORM DRAINAGE
Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rc
removal and disposal off -site (if necessary), installation, backfilling, compaction, compaction testing in r
way areas, final grading, coordinating with other contractors and utility companies, flushing, clean -up,
seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and
other items necessary to complete the system and provide the owner, Collier County DOT and FDOT
with a complete working drainage system as shown on the drawings and specified on these contract
documents. Pipe measurement is to the outside of the strictures.
Packet Page -1832-
E -1
15" RCP
LF
88
$40.00
$3,520.00
E -2
Inlet
EA
1
$4,200.00
$4,200.00
E -3
Modify Structures
EA
2
$2,800.00
$5,600.00
TOTAL
$9,800.00
Packet Page -1832-
7/26/2011 Item 16.D.7.
Coker Cou"ty
AdrhnsbaM Sery ces Dnnsson
Purchasing
Bluebill Ave Beach Access Turnaround & Bathroom
COLLIER COUNTY BID NO. 11 -5706
COLLIER COUNTY. FLORIDA
Design Professional:
Q. Grade Minor & Victor J. Latavish
"u,J1A'.t(r_ar.rR"• .ary I 13, _]i'-Nn, ilwi 45 .vn 9PC
Packet Page -1833-
7/26/2011 Item 16.D.7.
TABLE OF CONTENTS
A.
PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B.
INSTRUCTIONS TO BIDDERS
C.
BID, BID SCHEDULE
.AND OTHER DOCUMENTS
D.
AGREEMENT
E.
AGREEMENT
EXHIBITS
EXHIBIT A:
Performance and Payment Bond Forms
EXHIBIT B:
Insurance Requirement Form
EXHIBIT C:
Release and Affidavit Form
EXHIBIT D:
Contractor Application for Payment Form
EXHIBIT E:
Change Order Form
EXHIBIT F:
Certificate of Substantial Completion Fonn
EXHIBIT G:
Final Payment Checklist
EXHIBIT H:
General Terms and Conditions
EXHIBIT 1:
Supplemental Terms and Conditions
EXHIBIT J:
Technical Specifications
EXHIBIT K:
Permits
EXHIBIT L:
Standard Details (if applicable)
EXHIBIT M:
Plans and Specifications prepared by Q. Grady Minor & Victor J. Latavish
and identified as follows: Bluebill Ave Beach Access Turnaround &
Bathroom
as shown on Plan Sheets 1 through 19.
EXHIBIT N: Contractor's List of Key Personnel
Packet Page -1834-
7/26/2011 Item 16.D.7.
Coder County
Adnxn stoM Sery ces Division
�urhasing
PUBLIC NOTICE
INVITATION TO BID
Bluebill Ave Beach Access Turnaround & Bathroom
COUNTY BID NO. 11-5706
Separate sealed bids for the construction of Bluebill Ave Beach Access Turnaround & Bathroom,
addressed to Mr. Steve Carrell, Purchasing Director, will be received at the Collier Countv
Government. Purchasing Department. 3327 Tamiami Trl E. Naples, FL 34112, until 2:30 P.M.
LOCAL TIME, on the 10`h day of June 2011, at which time all bids will be publicly opened
and read aloud. Am bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference
Room A. at 10:00 a.m. LOCAL TIME on the 1st day of June 2011, at which time all
prospective Bidders may have questions answered regarding the Bidding Documents for this
Project.
Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County
Government, Collier County, Bluebill Ave Beach Access Turnaround & Bathroom Bid No. 11-
5706 and Bid Date of June 10. 2011 ". No bid shall be considered unless it is made on an
unaltered Bid form which is included in the Biddine Documents. The Bid Schedule (GC -P -1
through GC -P -15) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the Collier
County Purchasing Department E- Procurement website: wtvti.colliergov.netlbid. Copies of the
Bidding Documents may be obtained onIN from the denoted website. Bidding Documents
obtained from sources other than the Collier County Purchasing Department website may not be
accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not
less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance
within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto and
incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance
Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds,
Payment and Performance Bonds. Insurance Contracts and Certificates of Insurance shall be
either executed b) or countersigned by a licensed resident agent of the surety or insurance
compam' having its place of business in the State of Florida. Further, the said suret}' or
GC -PN -1
(Construction Services Agreenrent_Revised July 2009)
Packet Page -1835-
7/26/2011 Item 16.D.7.
insurance company shall be duly licensed and qualified to do business in the State of Florida.
Attomeys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each
bond a certified and effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall. as applicable. hold or obtain such
contractor's and business licenses.. certifications and registrations as required by State statutes
and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct
such investigations as it deems necessary to determine the performance record and ability of the
apparent low Bidder to perform the size and type of work specified in the Bidding Documents.
Upon request, the Bidder shall submit such information as deemed necessary by the Owner to
evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one hundred eighty
(180) calendar days from and after the Commencement Date specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and
purpose of the Bidding Documents, and to postpone the award of the contract for a period of
time which, however, shall not extend beyond one hundred twenty (120) days from the bid
opening date without the consent of the Successful Bidder.
Dated this 13th day of May 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Camell. C.P.M.
Purchasing and General Services Director
GC -PN -2
(Construction services Agreement_ Revised July 2009)
Packet Page -1836-
7/26/2011 Item 16.D.7.
PART B — INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of Countv Commissioners. or its duly
authorized representative.
1.2 The term "Project Manager' used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable.
acting directly or through duly authorized representatives.
1.3 The tern "Design Professional" refers to the licensed professional engineer or architect
who is in privity with the Owner for the purpose of designing and /or monitoring the construction
of the project. At the Owner's discretion. any or all duties of the Design Professional referenced
in the Contract Documents may be assumed at any time by the Project Manager on behalf of the
Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of
his/her duties specified in the Contract Documents to the Design Professional.
1 A The term -Bidder' used herein means one who submits a bid directly to the Owner in
response to this solicitation.
1.5 The term "Successful Bidder'" means the lowest qualified. responsible and responsive
Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the
Owner's evaluation.
1.6 The terns "Bidding Documents" includes the Legal Advertisement. these Instructions to
Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents,
properly signed, providing the Owner a proposed cost for providing the services required in the
Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages
GC -P -1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid.. Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto and
incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the
Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the
completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be
rejected if it contains any omission. alteration of form. conditional bid or irregularities of any
kind. Bids must be submitted in sealed envelopes, marked with the Bid Number. Project Name
and Bid opening Date and Time. and shall be addressed to the Purchasing Department, 3327
Tamiami Trl E. Naples, FL 34112. if forwarded by mail. the sealed envelope containing the Bid
must be enclosed in another sealed envelope addressed as above. Bids received at the location
specified herein after the time specified for bid opening will be returned to the bidder unopened
and shall not be considered.
GC -IB -1
Packet Page -1837-
7/26/2011 Item 16.D.7.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashiers check.. a cash bond posted with the County Clerk, a certified check
payable to Owner on some bank or trust company located in the State of Florida insured by the
Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the
bidder's maximum possible award (base bid plus all add alternates) (collectively referred to
herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages
if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails
to deliver the required Performance and Payment Bonds or Certificates of Insurance. all within
ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with
conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond.
Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed
by the Successful Bidder and same has been delivered to Owner together with the required bonds
and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders.
All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No
Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the
public opening thereof. If a Bid is not accepted within said time period it shall be deemed
rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all alternates. the
Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a
later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing
Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Project requires additional
time, in which event the Owner shall have such additional time to execute the Agreement as may
be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons.
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the president,
a vice president, or duly authorized representative. The corporate address and state of
incorporation must be shown below the signature.
ICTO ]"
Packet Page -1838-
7/26/2011 Item 16.D.7.
5.2 Bids by a partnership must be executed in the partnership name and signed by a general
partner whose title must appear under the signature and the official address of the partnership
must be shown below said signature.
5.3 if Bidder is an individual. his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general partner of
partnership, a properly notarized power of attorney must be submitted with the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the
Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice
the right of a Bidder to file a new Bid prior to the time specified for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents
shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be
without legal effect. All requests for interpretations or clarifications shall be in writing,
addressed to the Purchasing Department. to be given consideration. All such requests for
interpretations or clarification must be received at least ten (10) calendar days prior to the Bid
opening date. Any and all such interpretations and supplemental instructions shall be in the form
of written addendum which. if issued. shall be sent by mail or fax to all known Bidders at their
respective addresses furnished for such purposes no later than three (3) working days prior to the
date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall
become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid. that it
has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference
is non - mandatory.
GC -IB -3
Packet Page -1839-
7/2612011 Item 16.D.7.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner affect
performance of the Work;
C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations
affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that
may be encountered in the execution of the Work pursuant to these Bidding Documents as a
result of failure to make the necessary examinations and investigations shall be accepted as an
excuse for any failure or omission on the part of the Successful Bidder. nor shall they be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with this
Project available to any Bidder requesting them at cost; provided, however, the Owner does not
warrant or represent to any Bidder either the completeness or accuracy of any such surveys and
reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional
surveys and investigations as may be necessary to determine its Bid price for the performance of
the Work within the terms of the Bidding Documents. This provision shall be subject to Section
23 of the General Conditions to the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space is
provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in
the Project. The Owner may declare any Bid non- responsive or irregular if such materials are
not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule. while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared on the basis of number of units
stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be
multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this
requirement may be rejected. Special attention to all Bidders is called to this provision, because
if conditions make it necessary or prudent to revise the unit quantities. the unit prices will be
fixed for such increased or decreased quantities. Compensation for such additive or subtractive
changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance
of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to
GC -IB-4
Packet Page -1840-
7/26/2011 Item 16.D.7.
re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the
estimate at the time of bid.
13.5 Alternate Bid Pricing: In the event that alternate pricing is requested" it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed. The omission
of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response. All bids responses received without pricing for all alternates as listed
will be considered technically non- responsive and will not be considered for award.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest am aspect(s) or provision(s) of the bid
invitation (including the form of the bid documents or bid procedures) shall file their protest with
the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's
then current Purchasing Policy-.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive
and qualified Bidder determined by the base bid. and any. or all" selected alternates, and the
Owner's investigations of the Bidder. In determining the lowest. responsive and qualified bidder.
the Owner shall consider the capability of the Bidder to perform the contract in a timely and
responsible manner. When the contract is awarded by Owner, such award shall be evidenced by
a written Notice of Award. signed by a Purchasing Agent ofthe Owner's Purchasing Department
or his or her designee and delivered to the intended awardee or mailed to awardee at the business
address shown in the Bid.
Local Vendor Preference: The Collier County Board of County Commissioners has adopted a
Local Preference "Right to Match" policy to enhance the opportunities of local businesses to
receive awards of Collier Countv contracts.
A "local business" is defined as a business that has a valid occupational license issued by either
Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal
submission that authorizes the business to provide the commodities or services to be purchased,
and a physical business address located within the limits of Collier or Lee Counties from which
the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be
used for the purpose of establishing said physical address. In addition to the foregoing. a vendor
shall not be considered a "local business" unless it contributes to the economic development and
well -being of either Collier or Lee County in a verifiable and measurable way. This may include.
but not be limited to, the retention and expansion of employment opportunities. the support and
increase to either Collier or Lee County's tax base, and residency of employees and principals of
the business within Collier or Lee County. Vendors shall affirm in writing their compliance with
the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a
"local business" under this section.
When a qualified and responsive. non -local business submits the lowest price bid. and the bid
submitted by one or more qualified and responsive local businesses is within ten percent (10 °io)
of the price submitted by the non -local business, then the local business with the apparent lowest
bid offer (i.e. the lowest local bidder) shall have the opportunity to submit. an offer to match the
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price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff
shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified
and responsive bidders. Next, the Purchasing Department shall determine if the lowest local
bidder meets the requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local bidder to submit a matching offer to the Purchasing Department
which shall be submitted within five (5) business days thereafter. If the lowest local bidder
submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered
previously. then award shall be made to the local bidder. If the lowest local bidder declines or
is unable to match the lowest non local bid price(s). then award will be made to the lowest
overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement
of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder
that meets the requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one year.
The County may, as it deems necessary. conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of. and responsiveness to solicitation requirements.
12.3 Award recommendations will be posted outside the offices of the Purchasing Department
generally on Wednesdays or Thursdays prior to the presentation to the Board of County
Commissioners. Award of Contract will be made by the Board of County Commissioners in
public session. Any actual or prospective bidder who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Purchasing Director
within two (2) calendar days (excluding weekends and holidays) of the date that the
recommended award is posted. Upon filing of said notice, the protesting party will have five (5)
days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing
Policy. A copy of the Purchasing Policy is available at
http'i /wwv,- collieraov.netdlndex.aspx ?page =762.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such copies.
12.5 Certificate of Authoritv to Conduct Business in the State of Florida
(Florida Statute 607.1501)
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7/26/2011 Item 16.D.7.
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(w-vNM. sun biz.orgi search. him h. A copy of the document shall be submitted with the solicitation
response and the document number shall be identified. Finns who do not provide the certificate
of authority at the time of response shall be required to provide same within five (5) days upon
notification of selection for award. If the firm cannot provide the document within the referenced
timeframe, the County reserves the right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost to
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S.. otherwise known as "The Public Bid
Disclosure Act ". Collier County will pay for all Collier County permits and fees applicable to the
Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work
through an internal budget transfers). Hence. bidders shall not include these permit /fee amounts
in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and
complete all necessary and appropriate actions to obtain the required permits other than payment
for the items identified in this section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary
permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner. all Subcontractors performing any portion of the work on this
Project shall be "qualified" as defined in Collier County Ordinance 87-25. meaning a person or
entity that has the capability in all respects to perform fully the Agreement requirements and has
the integrity and reliability to assure good faith performance. A Subcontractor's disqualification
from bidding by the Owner. or other public contracting entity within the past twelve months shall
be considered by the Owner when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor when
evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement
within the time required. Owner reserves the right to disqualify a Bidder who includes
Subcontractors in its bid offer which are not "qualified" or who do not meet the legal
requirements applicable to and necessitated by this Agreement.
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15.3 The Owner may reject all bids proposing the use of any subcontractors who have been
disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes
by any public contracting entity. or who has exhibited an inability to perform through any other
means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall
identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of
Subcontracts attached hereto. said list to be submitted with its bid. Bidders acknowledge and
agree that the subcontractors identified on the list is not a complete list of the subcontractors to
be used on the Project, but rather only the major subcontractors for each category of Work as
established by Owner. Bidders further acknowledge that once there is an Award of Contract, the
Successful Bidder shall identify, subject to Owners review and approval, all the subcontractors
it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes. Collier County Ethics Ordinance No. 2004 -05, and County Administrative
Procedure 5311. violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual and /or
firm from doing business with the County for a specified period of time, including but not
limited to: submitting bids, RFP, and /or quotes: and, c. immediate termination of any contract
held by the individual and /or firm for cause.
Section 17. Lobbving
All firms are herebv placed on NOTICE that the Board of Count, Commissioners does not
wish to be lobbied either individually or collectively about a nroiect for which a firm has
submitted a response.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons.. dinners, etc. During the process, from solicitation closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this solicitation. or the vendors response, with the exception of the Purchasing Director or his
designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this
contract to the firm.
Section 18. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance
with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit
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a bid, proposal. or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a
public building or public work: may not submit bids. proposals, or
replies on leases of real proper to a public entity': ma} not be
awarded or perform work as a contractor. supplier, subcontractor..
or consultant under a contract with any public entity: and may not
transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted
vendor list."
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bluebill Ave Beach Access Turnaround & Bathroom
BID NO. 11 -5706
Full Name of
Main Business
7/26/2011 Item 16.D.7.
Place of Business
Telephone No. Fax No.
State Contractor's License #
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as
principals are those named herein, that this Bid is submitted without collusion with any other
person, firm or corporation: that it has carefully examined the location of the proposed Work. the
proposed form of Agreement and all other Contract Documents and Bonds, and the Contract
Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included
in the Bidding Documents, to provide all necessary machinery, tools. apparatus and other means
of construction, including utility and transportation services necessary to do all the Work, and
furnish all the materials and equipment specified or referred to in the Contract Documents in the
manner and time herein prescribed and according to the requirements of the Owner as therein set
forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the
Contract. and to do all other things required of the Contractor by the Contract Documents, and
that it will take full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where
further decimal points are inadvertently provided, rounding to two decimal points will be
conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
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7/26/2011 Item 16.D.7.
BID SCHEDULE
Bluebill Ave Beach Access Turnaround & Bathroom
Bid No. 11 -5706
Please insert your prices at tvww.colhergov.net /bid
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7/26/2011 Item 16.D.7.
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials
outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by
completing the Material Manufacturer Exception List below. If an exception for a manufacturer
and /or material is proposed and listed below and is not approved by Engineer/Project Manager.
Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does
not constitute acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm. I confirm that we will use all manufacturers and materials as
specifically outlined in the Bid specifications.
Company:
Signature:
Date:
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
3.
4.
5.
Please insert additional pages as necessary .
Company:
Signature:
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Date:
7/26/2011 Item 16.D.7.
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major
categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the
major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of
Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the
Contract Documents. including. but not limited to proper licenses. certifications, registrations
and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes
non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the
Successful Bidder to remove/replace any Subcontractor. at no additional cost to Owner. which is
found to be non- compliant with this requirement either before or after the issuance of the Award
of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned
acknowledges and agrees that promptly after the Award of Contract. and in accordance with the
requirements of the Contract Documents. the Successful Bidder shall identii\ all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors
subsequently identified for any portion of work on this Project must be qualified as noted above.
2.
4.
5.
Company:
Signature:
Major Category of Work Subcontractor and Address
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7/26/2011 Item 16.D.7.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five years is a judge of its experience. skill and business standing and of its ability to conduct the
work as completely and as rapidly as required under the terms of the Agreement.
Project and Location
Q
M
3.
El
5.
1.1
C
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Bidder
Reference
1.
2.
3.
4.
5.
7/26/2011 Item 16.D.7.
TRENCH SAFETY ACT
Bidder acknowledees that included in the various items of the bid and in the Total Bid Price are
costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective
October 1, 1990. The Bidder further identifies the cost to be summarized below:
Trench Safely Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) L( F,SY)
TOTAL
Failure to complete the above may result in the Bid being declared non - responsive.
1
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Bidder
7/26/2011 Item 16.D.7.
Affidavit for Claiming Status as a Local Business
Adn inistabve Services Division
Purchasing
BID #:1 1 -5706 (CHECK APPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy:
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a
minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties
from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose
of establishing said physical address. In addition to the foregoing.. a vendor shall not be considered a "local business" unless it
contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way.
This may include, but not be limited to, the retention and expansion of emplovment opportunities, the support and increase to
either Collier or Lee County's tax base, and residency of emplovees and principals of the business within Collier or Lee
County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in this
affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Collier or Lee County Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
,20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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7/26/2011 Item 16.D.7.
carwr copy
atlmnimbve Services awson
Furhasing
Immigration Law Affidavit Certification
Solicitation # and Title: I1 -5706 Bluebill Ave Beach Access Turnaround A Bathroom
This Affidavit is required and should be signed. notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (1TB's) and Request for Proposals (REP) submittals. Further. Vendors ' Bidders are required to enroll in the
E- Verify program, and provide acceptable evidence of their enrollment. at the time of the submission of the vendor's /bidder's
proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the
fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable
evidence of enrollment in the E- Verify program. mac deem the Vendor / Bidder's proposal as non - responsive
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers. constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section'_74A(e) of the
Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA.
Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for
unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of
Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's - Bidder's
proposal.
Company Name
Print Name
Signature
State of
County of _
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this
affidavit to interrogatories hereinafter made.
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Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form
attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds
and Insurance Certificates as required by the Contract Documents. The bid security attached is to become
the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed
and delivered to Owner within the time above set forth, as liquidated damages. for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer
financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement,
Insurance Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult. if not impossible. to definitely ascertain and quantify. It is
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as
required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it
may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree
represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the
Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates. and Bonds in a
timely manner.
Upon receipt of the Notice of Award. the undersigned proposes to commence work at the site within 5
calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project
Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within one hundred
fifty (150) consecutive calendar days, computed by excluding the commencement date and including the
last day of such period, and to be fully completed to the point of final acceptance by the Owner within
thirty (30) consecutive calendar days after Substantial Completion, computed by excluding
commencement date and including the last day of such period.
Respectfully Submitted:
State of _
County of
. being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein
made are made on behalf of such Bidder and that this deponent is authorized to make them.
. also deposes and says that it has examined
and carefully .prepared its Bid from the Bidding Documents, including the Contract Drawings and
Specifications and has checked the same in detail before submitting this Bid: that the statements contained
herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
which operates under the legal name of and the
full names of its officers are as follows:
Secretary
Treasurer
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The is authorized to sign construction bids and contracts for
the company by action of its Board of Directors taken , a certified
copy of which is hereto attached (strike out this last sentence if not applicable).
(b) Co- Partnership
The Bidder is a co- partnership consisting of individual partners whose full names are as follows:
The co- partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
under a trade name, said trade name is
DATED
Witness
Witness
STATE OF
legal entity
BY:
Name of Bidder (Typed)
Signature
Title
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and if operating
7/26/2011 Item 16.D.7.
COUNTS' OF
The foregoing instrument was acknowledged before me this day of 2011, by
as of
a corporation, on behalf of the
corporation. He /she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public. State of
Commission No.:
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7/26/2011 Item 16.D.7.
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
(herein
called the Surety), a corporation chartered and existing under the laws of the State of
with its principal offices in the city of and authorized
to do business in the State of are held and firmly bound unto the
(hereinafter called the Owner). in
the full and just sum of dollars
($ ) good and lawful money of the United States of America. to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves. their heirs. and executors. administrators, and assigns. jointly and
severally and firmly by these presents.
Whereas, the Principal is about to submit. or has submitted to the Owner. a Bid for furnishing all
labor, materials, equipment and incidentals necessary to furnish.. install, and fulh complete the
Work on the Project known as
Bluebill Ave Beach Access Turnaround & Bathroom
Bid No. 11 -5706
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL, shall enter into the required Agreement with the Owner and within ten days after the
date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or
bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or
Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or..
in the event of the failure of the PRINCIPAL. to enter into such Agreement or to give such bond or
bonds, and deliver to Owner the required certificates of insurance. if the PRINCIPAL shall pay to
the OBLIGEE the fixed sum of S noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void.
otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly
signed and sealed this day of .2011.
BY
Countersigned
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Principal
(Seal)
Surer`
(Seal)
Local Resident Producing Agent for
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7/26/2011 Item 16.D.7.
7/26/2011 Item 16.D.7.
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and
Bid. return with your
Bidder should checkoff each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings. descriptive literature. etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of
understanding
8. Certificate of Authority to Conduct Business in State of Florida
9. If required. the amount of Bid bond has been checked. and the Bid bond or cashiers check has
been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3.327 Tamiami Trl E
Naples FL 14112
12. The mailing envelope must be sealed and marked with:
pBid Number: 11 -5706
<*Project Name; Bluebill Ave Beach Access Turnaround & Bathroom
gOpening Date.
13. The Bid will be mailed or delivered in time to be received no later than the specified onenm2 date
and time. otherwise Bid cannot be considered.
ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Bidder Name
Signature R Title
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Date:
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7/26/2011 Item 16.D.7.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT", FLORIDA,
( "Owner ") hereby contracts with DeAngelis Diamond Construction. Inc. ( "Contractor ") of
Naples. a Florida Corporation. authorized to do business in the State of Florida, to perform all
work ( "Work ") in connection with Bluebill Ave Beach Access Turnaround & Bathroom. Bid No.
I1 -5706( "Project "), as said Work is set forth in the Plans and Specifications prepared by Q.
Grady Minor & Victor J. Latvish, the Engineer and/or Architect of Record ('Design
Professional ") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth. agree as follows
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda. Change Orders, Work Directive Changes. Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents
and the appropriate number of sets of the Construction Documents, signed and sealed by the
Design Professional. as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision. financing, labor, materials,
tools, fuel, supplies, utilities. equipment and services of even- kind and type necessary to
diligently. timelh, and fully perform and complete in a good and workmanlike manner the Work-
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner. Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount "), in accordance with the terms of
this Agreement: Four hundred twenty -two Thousand eight hundred ninety dollars and no cents
5422,890.00
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit A. in the amount of 100° o of the Contract Amount. the costs of which are to be paid by
Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized
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to do business in the State of Florida and otherwise acceptable to Owner-. provided, however, the
suretv shall meet the requirements of the Department of the Treasury Fiscal Service,. "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsurance Companies" circular. This circular may be accessed via the web at
wwAN7 .fms.treas.Lyov /c570 /c570.hnm1 4certified. Should the Contract Amount be less than
5500.000, the requirements of Section 287.0935. F.S. shall govern the rating and classification of
the surety.
B. If the surety . for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall. within five (5) calendar
days thereafter, substitute at its cost and expense another bond and surety. both of which shall be
subject to the Owner's approval.
Section S. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within one hundred fifty (150) calendar days from the Commencement Date
(herein "Contract Time "). The date of Substantial Completion of the Work (or designated
portions thereof) is the date certified by the Design Professional 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. Contractor shall achieve
Final Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the
Owner as complete and is so stated by the Owner as completed. As used herein and throughout
the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable.
acting directly or through duly authorized representatives.
B, Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner
will suffer financial loss if Contractor fails to achieve Substantial Completion within the time
specified above, as said time may be adjusted as provided for herein. In such event, the total
amount of Owner's damages.. will be difficult, if not impossible, to definitely ascertain and
quantify. Should Contractor fail to achieve Substantial Completion within the number of
calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but
not as a penalty, three hundred fifty -five dollars and ten cents ($355.10) for each calendar day
thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion
is reached, but the Contractor fails to reach Final Completion within the required time period.
Owner shall also be entitled to assess and Contractor shal' be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The
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Project shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right
which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual damages
at the time of contracting if Contractor fails to Substantially or Finally Complete the Work
within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law- of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday. Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or
working days. the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor. as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it. after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work. in whole or in part. through another contractor or its own forces. the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the pan of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work.
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents.
Owners recovery of any delay related damages under this Agreement through the liquidated
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damages does not preclude Owner from recovering from Contractor any other non -delay related
damages that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement.
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit 1: Supplemental Terms and Conditions
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details (if applicable)
Exhibit M: Plans and Specifications prepared by Q. Grady Minor & Victor J. Latavish
and identified as follows: Bluebill Ave Beach Access Turnaround &
Bathroom
as shown on Plan Sheets 1 through 19.
Exhibit N: Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to
the following:
Clinton Perryman
Collier County Coastal Zone Management Department
3299 Tamiami Trail East: Suite 103
Naples, FL 34112
Tel: 239/252 -4245
Fax: 239/252 -6531
Email: ClintionPerryman @colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile,
addressed to the following:
DeAngelis Diamond Construction, Inc.
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Attn: Norman Gentry. Vice President
6635 Willow Park Drive
Naples, FL 34109
Tel: 239,/594 -1994
Fax: 239/594 -1995
C. Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITI' CRIMES.
8.1 By its execution of this Contract. Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.111(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on
a contract to provide am goods or services to a public entity for the
construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor. supplier, subcontractor. or
consultant under a contract with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted
vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the part or parties intended to be bound by it.
Section % Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. GoyerninE Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
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Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated. and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized.
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in. integrated and superseded by the .Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable. such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change
Orders and Work Directive Changes to the Agreement to the extent provided for under the
Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terns of any of the Contract Documents, the
terms of the Construction .Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents- except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terns and Conditions. To the extent any conflict in the terns of the Contract
Documents cannot be resolved by application of the Supplemental Conditions. if any, or the
Construction Agreement and the General Terns and Conditions, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the Contractor
at Owner's discretion.
leleEem.
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7/26/2011 Item 16.D.7.
IN WITNESS WHEREOF. the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
CONTRACTOR:
DeAngelis Diamond Construction. Inc
Bv:
FIRST WITNESS
Type /Print Name and Title
Type/Print Name
SECOND WITNESS
Type/Print Name
Date: OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock. Clerk
BY: BY:
Fred W. Coyle. Chairman
Approved As To Form
and Legal Sufficiency:
Print Name:
Assistant County Attorney
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7/26/2011 Item 16.D.7.
EXHIBIT A
PUBLIC PAYMENT BOND
Bluebill Ave Beach Access Turnaround & Bathroom
Bond No.
Contract No. 11-5706
KNOW ALL MEN BY THESE PRESENTS: That
as
located at
Address) are held and firmly bound to
Principal, and
as Surety,
(Business
as—Obligee in the
sum of (S ) 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
2011, with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in
the prosecution of the work provided for in the Contract, then this bond is void; otherwise it
remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
2011, the name of each party being affixed and these presents duly signed by
its under - signed representative, pursuant to authority of its governing body.
GC- CA -A -1
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Signed. sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
7126/2011 Item 16.D.7.
The foregoing instrument was acknowledged before me this day of 20
by as of
a corporation. on behalf of the
corporation. He /she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Suren
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public. State of
Commission No.:
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SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
OR
Witnesses
7/26/2011 Item 16.D.7.
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2011. 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)
Name:
(Signature)
(Legibly Printed)
Notary Public. State of:
Commission No.:
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EXHIBIT A
PUBLIC PERFORMANCE BOND
Bluebill Ave Beach Access Turnaround & Bathroom
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
(Business Address) are held and
7/26/2011 Item 16.D.7.
Bond No.
Contract No. 11-5706
Surety, located at
firmly bound to
as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
'WHEREAS. Principal has entered into a contract dated as of the day of
2011, with Obligee for
in
accordance with drawings and specifi cations, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal
Performs the Contract at the times and in the manner prescribed in the Contract:. and
?. Pays Obligee am and all losses, damages, costs and attotnevs' fees that Obligee sustains
because of any default by Principal under the Contract, including. but not limited to. all delay
damages, whether liquidated or actual, incurred by Obligee: and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract. then this bond is void:. otherwise it remains in full force. Any
changes in or under the Contract and compliance or noncompliance with am 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 terns of the Contract or other work to be perfonned hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of am such changes. extensions of time. alterations or additions to the
terns of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 355.05. Florida
Statutes, shall not apply to this bond.
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7/26/2011 Item 16.D.7.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF. the above parties have executed this instrument this day of
, 2011. 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
IC
NAME:
ITS:
The foregoing instrument was acknowledged before me this
2011 bN
of
day of
corporation, on behalf of the corporation.
known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
as
a
He /she is personally
as
Notary Public. State of:
Commission No.:
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ATTEST:
Witnesses as to Surety
Witnesses
7/26/2011 Item 16.D.7.
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As AttomeP in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2011, by as of
a Surety. on behalf of
Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL. SEAL)
Name:
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
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EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, earn, and maintain insurance coverage from responsible companies duly authorized
to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and
maintain property insurance upon the entire project. if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors. Contractors, Design Consultant,
Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided
herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where
appropriate. require similar waivers of subrogation from the County's separate Vendors. Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of
Collier Count',"
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County.
Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of
interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
_. Commissioners in Collier County, OR Collier County Government, OR Collier County
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured
retentions or deductibles under any, of the below listed minimum required coverage, Vendor must identify on the
Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole
responsibility.
Coverage( shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or
non- renewal on the part of the insurance carrier or the Vendor: The Vendor shall also notify the County. in a like manner,
within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
hereunder. Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy.
Should at any time the Vendor not maintain the insurance coveragejs) required herein. the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverageLs] and charge the Vendor for such
coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the
County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The Counn, shall be under no obligation to purchase such insurance, nor shall it be
— responsible for the coverage(s� purchased or the insurance company or companies used. The decision of the County to
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7/26/2011 Item 16.D.7.
purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the
Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days
after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)
shall be considered justification for the County to terminate any and all contracts.
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Collier County Florida
Insurance and Bonding, Requirements
Insurance / Bond Type
Required. Limits
I. ® Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ® Employer's Liability
$ single limit per occurrence
Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$ single limit per occurrence
ISO form
4. ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor /Consultant
shall indemnify and hold harmless Collier County. its officers and employees from
any and all liabilities. damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness. or intentionally wrongful conduct of the ContractorNendor /Consultant
or anyone employed or utilized by the ContractorNendor /Consultant in the
performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph. This
section does not pertain to am incident arising from the sole negligence of Collier
County.
4. ❑ Automobile Liability
$ Each Occurrence; Bodily Injury 8. Property Damage,
Owned/Non -owned /Hired: Automobile Included
5. ❑ Other insurance as noted:
❑ Watercraft S Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
S Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
S Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ _ Per Occurrence
❑ Pollution
Per Occurrence
❑ Professional Liability $ Per Occurrence
• S 500,000 each claim and in the aggregate
• $1.000,000 each claim and in the aggregate
• $2,000.000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
fi. ® Bid bond Shall be submitted with proposal response in the form of certified funds.. cashiers'
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
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7/26/2011 Item 16.D.7.
proposal bond in a sum equal to 5;% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
7. ® Performance and Payment For projects in excess of $200.000. bonds shall be submitted with the executed
Bonds contract by Proposers receiving award, and written for 100% of the Contract award
amount, . the cost home be the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a Surety authorized m do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety
shall be rated as "A -" or better as to general police holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5° o of the reported policy holders' surplus. all as reported in the most current Best
Key Rating Guide, published by A.M. Best Company. Inc. of 75 Fulton Street, New
York. New York 10038.
® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County, with certificates of insurance meeting the required insurance provisions.
9. Z Collier County, must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of Counts'
Commissioners in Collier Count', OR Collier County Government. OR Collier Count'
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Date
Agent Name _ _ Telephone Number
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER I
STATE OF FLORIDA I
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7/26/2011 Item 16.D.7.
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 . 2011 for the period from to _ , excluding all retainage
withheld and any pending claims or disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors. material -men.. successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any
payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all
demands or suits, actions. claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly 'final] Application for Payment No.
CONTRACTOR
BY:
ITS:
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2011. by
. as _ of a
corporation, on behalf of the corporation. He /she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public. State of
Commissioner No.:
GC- CA -C -5
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7/26/2011 Item 16.D.7.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM:
Bid No. _
Project No.
.Application Date
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: _ Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage (4 10 °o thru[insert date] S and stored to Date $
Retainage C % after [insert date] $ = Less Retainage $
Total Earned Less Retainage S
Less previous payment (s) S
Percent Work completed to Date: _ % AMOUNT DUE THIS
Percent Contract Time completed to Date ° -o APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received
from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of
CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I 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 b7 Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received
from the OWNER and that current payment is now due: and (4) CONTRACTOR has only included amounts in this Application for
Pavment properly due and owing and CONTRACTOR has not included within the above referenced amount an_v claims for
unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
Be 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)
ICTi3d_7iM
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Packet Page -1882-
TO:
Project Name:
Change Order No.:
Change Order Description
7/26/2011 Item 16.D.7.
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated: Bid No.:
Original Agreement Amount . ...............................
Sum of previous Change Orders Amount .............
This Change Order Amount ... ...............................
Revised Agreement Amount .... ...............................
Date:
............................ $
...... ............................... $
...... ............................... $
... ... ..... I ...................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar dms
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be
performed subject to all the same terms and conditions as contained in the Agreement. as if the same were
repeated in this acceptance. The adjustments, if any. to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of, or related to. the change set forth herein,
including claims for impact and delay costs.
Prepared by:
Date:
Project Manager
Recommended
bv:
Date:
Design Professional
Accepted bv:
Date:
Contractor
Approved by
Date:
Department Director
Approved by:
Date:
Division .Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Date:
GC- CA -E -5
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7/26/2011 Item 16.D.7.
Director
(For use by Owner: Fund Cost Center: Object Code: Project Number:
WdWS MM
Packet Page -1884-
7/26/2011 Item 16.D.7.
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OW'NER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Dare
This Certificate of Substantial Completion applies to all work under the Contract Documents or to the following
specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use. The Work to which this Certificate applies has been inspected by authorized
representatives of OWNER. CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared
to be substantially complete in accordance with the requirements of the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
.A tentative list of items to be completed or corrected is attached hereto. This list map not be all- inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected b}
CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security. operation. safety. maintenance, heat,
utilities, insurance and warranties shall be as follows:
GC- CA -F -1
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7/26/2011 Item 16.D.7.
-' RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on .2011
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on _ . 2011
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 2011
OWNER
By:
Type Name and Title
GC- CA -F -2
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7/26/2011 Item 16.D.7.
Bid No.: _
Contractor:
EXHIBIT G
FINAL PAYMENT CHECKLIST
No.
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract .Amount:
Commencement Date:
Final Contract Amount:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
2011
YES NO
1.
All Punch List items completed on
2.
Warranties and Guarantees assigned to Owner (attach to this form).
3.
Effective date of General one year warranty from Contractor is
4.
2 copies of Operation and Maintenance manuals for equipment and
_
system submitted (list manuals in attachment to this form).
i,
As -Built drawings obtained and dated:
6.
Owner personnel trained on system and equipment operation.
7.
Certificate of Occupancy No.:
issued on (attach to this form).
8.
Certificate of Substantial Completion issued on
9.
Final Pavment Application and Affidavits received from Contractor on:
_ 10.
Consent of Surety received on
1 1.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Pans or Special Tools provided to Owner:
13.
Finished Floor Elevation Certificate provided to Owner:
14.
Other:
If anv of the above is not applicable, indicate by NrA. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:
By Design
GC- CA -G -1
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(Company Name)
(Signature)
(Typed Name & Title)
7/26/2011 Item 16.D.7.
Professional: (Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
GC- CA -G -2
Packet Page -1888-
(Department Name)
(Signature)
(Name & Title)
7/26/2011 Item 16.D.7.
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Am work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or
association or to the laws or regulations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification. manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager, said interpretation or clarification from
the Project Manager may require Contractor to consult directly with Design Professional or some
other third party, as directed by Project Manager. Contractor shall take field measurements and
verify field conditions and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements. design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for
convenience of reference only and shall not be interpreted as establishing divisions for the Work,
trades, subcontracts. or extent of any part of the Work. In the event of a discrepancy between or
among the drawings, specifications or other Contract Document provisions, Contractor shall be
required to comply with the provision which is the more restrictive or stringent requirement upon
the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned.
all anchors, bolts. screws, fittings, fillers, hardware. accessories. trim and other parts required in
connection with any portion of the Work to make a complete. serviceable, finished and first
quality installation shall be furnished and installed as part of the Work. whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below. Contractor shall have the sole responsibility of satisfying
itself concerning the nature and location of the Work and the general and local conditions, and
particularly. but without limitation, with respect to the following: those affecting transportation.
access, disposal, handling and storage of materials: availability and quality of labor: water and
electric power: availability and condition of roads: work area_ living facilities: climatic
conditions and seasons: physical conditions at the work -site and the project area as a whole:
106YO `Q:SIi
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7/26/2011 Item 16.D.7.
topography and ground surface conditions: nature and quantity of the surface materials to be
encountered; subsurface conditions; equipment and facilities needed preliminary to and during
performance of the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any
of its responsibilities to perform under the Contract Documents, nor shall it be considered the
basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above. upon, or under the Project site. said roadways, railways, drainage facilities and
utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption. Contractor shall be
responsible for properly shoring, supporting and protecting all Utilities at all times during the
course of the Work. The Contractor is responsible for coordinating all other utility work so as to
not interfere with the prosecution of the Work (except those utilities to be coordinated by the
Owner as may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical
conditions which differ materially from those indicated in the Contract Documents or (ii)
unknown physical conditions of an unusual nature. which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, and which reasonably should not have been discovered
by Contractor as part of its scope of site investigative services required pursuant to the terms of
the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof
before conditions are disturbed and in no event later than three (3) calendar days after first
observance of such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of.
or time required for. performance of any part of the Work. Owner will acknowledge and agree to
an equitable adjustment to Contractor's compensation or time for performance, or both, for such
Work. if Owner determines that the conditions at the site are not materially different from those
indicated in the Contract Documents or not of an unusual nature or should have been discovered
by Contractor as part of its investigative services, and that no change in the terms of the
Agreement is justified. Owner shall so notify Contractor in writing, stating its reasons. Claims
by Contractor in opposition to such determination by Owner must be made within seven (7)
calendar days after Contractor's receipt of Owners written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the
dispute resolution procedure set forth in the Contract Documents shall be complied with by the
parties.
3. SCHEDULE.
3.1 The Contractor. within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein 'Progress Schedule "). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall
GC- CA -H -2
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7/26/2011 Item 16.D.7.
provide for expeditious and practicable execution of the Work within the Contract Time, The
Progress Schedule shall indicate the dates for starting and completing the various stages of the
Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates
to the Progress Schedule shall be subject to the Project Manager's review and approval.
Contractor shall submit the updates to the Progress Schedule with its month] Applications for
Payment noted below. The Project Manager's review and approval of the submitted Progress
Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be perfon-ned in accordance with the requirements
of all Collier County Noise Ordinances then in effect, unless otherwise specified. work will
generally be limited to the hours of 7:00 a.m. to 5:00 p.m.. Monday through Saturday. No work
shall be performed outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment. Contractor shall submit to
Project Manager. for their review and approval_ a schedule of values based upon the Contract
Price. listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager. this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed coFe of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment. Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractors Bid and any subsequently identified Subcontractors
are subject to Owner's prior written approval. The first Application for Payment shall be
submitted no earlier than thim (30) days after the Commencement Date. Notwithstanding
anything herein to the contras. if approved bN Owner in its sole discretion. Contractor ma}
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has fumished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 Contractor shall submit all Applications for Payment to Engineer's Name. Engineer's
Finn. located at Engineer's Address.
4.4 unless express] approved by Owner in advance and in writing. said approval at Owner's
sole discretion. Owner is not required to make any payment for materials or equipment that have
not been incorporated into the Project. If payment is requested on the basis of materials and
equipment not incorporated into the Project. but delivered and suitably stored at the site or at
another location. and such payment and storage have been agreed to bN Owner in writing. the
Application for Payment also shall be accompanied by a bill of sale. invoice or other
documentation warranting that the Owner has received the materials and equipment free and
GC- CA -H -3
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7/26/2011 Item 16.D.7.
clear of all liens, charges, security interests and encumbrances. together with evidence that the
materials and equipment are covered by appropriate property insurance and other arrangements
to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment. Contractor also shall complete and submit to
Owner as part of its Application for Payment. the Stored Materials Record attached hereto and
made a part hereof as Exhibit D.
4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). After the date of each Application for Payment is stamped as received and
within the timeframes set forth in Section 218.735 F.S... the Project Manager, or Design
Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its
approval of only a portion of the requested payment, stating in writing its reasons therefore; or
(3) return the Application for Payment to the Contractor indicating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Section 218.735, F.S. and the administrative procedures
established by the County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re- submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment
request or ten percent (10 %) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to Contractor until
final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute
255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to
periodically reduce the percentage of cumulative retainage held through out the course of the
Project schedule. Owner shall reduce the amount of the retainage withheld on each payment
request subsequent to fifty, percent (50 %) completion subject to the guidelines set forth in Florida
Statute 255.078 and as set forth in the Owner's Purchasing Policy.
4.7 Monthly payments to Contractor shall in no wav imply approval or acceptance of
Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay application. shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C. acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further. to
the extent directed by Owner and in Owner's sole discretion. Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form
attached as Exhibit _C acknowledging that each Subcontractor, sub - subcontractor or supplier has
been paid in full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
GC- CA -H-4
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7/26/2011 Item 16.D.7.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure
of funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly. prior to submitting its first monthly Application
for Payment. Contractor shall prepare and submit for Project Manager's review and approval, a
detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner
to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary
acceleration or early completion of the Work shall modiffi the time of payments to Contractor as
set forth in the approved Project Funding Schedule.
4.10 Notwithstanding anvthing in the Contract Documents to the contrary. Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement. Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services fumished, delivered. and accepted. upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any .Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents, The Project Manager may nullify the whole or any
part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under this Agreement or anv other agreement between Owner and
Contractor. to such extent as may be necessary in the Owner's opinion to protect it from loss
because of:
(a) defective Work not remedied: (b) third party claims filed or reasonable evidence indicating
probable filing of such claims: (c) failure 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 by Contractor.
5.2 If any conditions described in �,.1. are not remedied or removed. Owner mac. after three
(3) days written notice. rectif} the same at Contractor's expense. Provided. however, in the
event of an emergenc} Owner shall not be required to provide Contractor any written notice
prior to rectifying the situation at Contractor's expense. Owner also may offset against anv sums
due Contractor the amount of anv liquidated or non - liquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or anv other agreement between
Contractor and Owner.
GC- CA -H -5
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7/26/2011 Item 16.D.7.
5.3 In instances where the successful contractor may owe debts (including. but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement
to satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Purchasing Department and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished
Owner with a properly executed and notarized copy of the Release and Affidavit attached as
Exhibit C. as well as, a dulv executed copy of the Surety's consent to final payment and such
other documentation that may be required by the Contract Documents and the Owner. Prior to
release of final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of which is
attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a
waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
damages for defective Work not discovered by the Design Professional or Project Manager at the
time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for
approval of materials to be submitted such as shop drawings, data, test results, schedules and
samples. Contractor shall submit all such materials at its own expense and in such form as
required by the Contract Documents in sufficient time to prevent any delay in the delivery of
such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required. Unless the name is followed
by words indicating that no substitution is permitted, materials or equipment of other suppliers
may be accepted by Owner if sufficient information is submitted by Contractor to allow the
Owner to determine that the material or equipment proposed is equivalent or equal to that named.
Requests for review of substitute items of material and equipment will not be accepted by Owner
from anvone other than Contractor and all such requests must be submitted by Contractor to
Project Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
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7/26/2011 Item 16.D.7.
7.3 if Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof. certifving that
the proposed substitute shall adequately perform the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance of the
proposed substitute will not prejudice Contractor's achievement of substantial completion on
time, whether or not acceptance of the substitute for use in the Work will require a change in any
of the Contract Documents (or in the provisions of any other direct contract with Owner for the
Project) to adapt the design to the proposed substitute and whether or not incorporation or use by
the substitute in connection with the Work is subject to payment of any license fee or royalty.
All variations of the proposed substitute from that specified will be identified in the application
and available maintenance. repair and replacement service shall be indicated. The application
also shall contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs for redesign and claims of other contractors
affected bN° the resulting change. all of which shall be considered by the Project Manager in
evaluating the proposed substitute. The Project Manager mac require Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
7.4 if a specific means, method.. technique, sequence or procedure of construction is
indicated in or required by the Contract Documents. Contractor mar furnish or utilize a
substitute means. method, sequence. technique or procedure of construction acceptable to the
Project Manager. if Contractor submits sufficient information to alloy the Project Manager to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Project Manager shall be the
same as those provided herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be. to consult with the Design Professional. No substitute will
be ordered. installed or utilized without the Project Manager's prior written acceptance which
shall be evidenced by a Change Order. a Work Directive Change. a Field Order or an approved
Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
therebv. Whether or not the Owner accepts a proposed substitute. Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's consultants for
evaluating each proposed substitute.
B. DAILY REPORTS, AS- BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner. Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The daily log shall document all activities of
Contractor at the Project site including. but not limited to. the following:
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8.1.1 Weather conditions showing the high and low temperatures during work
hours, the amount of precipitation received on the Project site. and any other weather conditions
which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel;
8.1.4 The number of Contractor's and Sub - Contractor's personnel present and
working at the Project site, by subcontract and trade:
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the
time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the
Contract Documents, including, but not limited to, all drawings, specifications. addenda,
amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written
interpretations and clarifications issued by the Design Professional, in good order and annotated
to show all changes made during construction. The annotated drawings shall be continuously
updated by the Contractor throughout the prosecution of the Work to accurately reflect all field
changes that are made to adapt the Work to field conditions, changes resulting from Change
Orders. Work Directive Changes and Field Orders, and all concealed and buried installations of
piping, conduit and utility services. All buried and concealed items, both inside and outside the
Project site, shall be accurately located on the annotated drawings as to depth and in relationship
to not less than two (2) permanent features (e.e. interior or exterior wall faces). The annotated
drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and
legible manner in a contrasting color. The "As- Built" record documents, together with all
approved samples and a counterpart of all approved shop drawings shall be available to the
Project Manager or Design Professional for reference. Upon completion of the Work and as a
condition precedent to Contractor's entitlement to final payment. these "As- Built" record
documents. samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
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8.3 Contractor shall keep all records and supporting documentation which concern or relate
to the Work hereunder for a minimum of five (5) years from the date of termination of this
Agreement or the date the Project is completed or such longer period as may be required by law,
whichever is later. Owner, or any duly authorized agents or representatives of Owner. shall have
the right to audit, inspect and copy all such records and documentation as often as they deem
necessary during the period of this Agreement and during the document retention period noted
above: provided, however. such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and material -men. as well as coordinating its
Work with all work of others at the Project Site. so that its Work or the work of others shall not
be delaved or impaired by any act or omission by Contractor. Contractor shall be solely
responsible for all construction means. methods, techniques. sequences, and procedures, as well
as coordination of all portions of the Work under the Contract Documents. and the coordination
of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
government. fires, floods, epidemics. quarantine regulation, strikes or lockouts. Contractor shall
notify the Owner in writing within forth -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.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever. including those for which Owner may be
responsible. in whole or in part. shall relieve Contractor of its duty to perform or give rise to anv
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 appIN to claims for early
completion, as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing
Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver
of any right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change. Contractor shall submit an
itemized estimate of am cost or time increases or savings it foresees as a result of the change.
Except in an emergency endangering life or propem°- or as expressh set forth herein, no addition
or changes to the Work shall be made except upon written order of Owner.. and Owner shall not
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be liable to the Contractor for any increased compensation without such written order. No
officer, employee or agent of Owner is authorized to direct any extra or changed work orally.
Any alleged changes must be approved by Owner in writing prior to starting such items. Owner
will not be responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are in fact not a change but rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order. in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order
in the manner as Owner and Contractor shall mutually agree
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change.
Contractor shall. nevertheless, promptly perform the change as directed by Owner in a written
Work Directive Change. In that event. the Contract Amount and Contract Time shall be adjusted
as directed by Owner. If Contractor disagrees with the Owner's adjustment determination.
Contractor must make a claim pursuant to Section I 1 of these General Conditions or else be
deemed to have waived any claim on this matter it might otherwise have had.
10A In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor. a maximum ten percent (10 %) markup for all
overhead and profit for all Subcontractors' and sub- subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup
thereon by the Contractor for all of its overhead and profit, for a total maximum markup of
fifteen percent (15 %). All compensation due Contractor and any Subcontractor or
sub - subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub - Contractor's bond costs associated with any change order shall be included
in the overhead and profit expenses and shall not be paid as a separate line item. No markup
shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify
the accuracy of the Contractor's claim with respect to Contractor's costs associated with any
Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
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11. CLAIMS AND DISPtiTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents.. payment of money. extension of time or
other relief with respect to the terms of the Contract Documents. The term "Claim" also includes
other disputes and matters in question between Owner and Contractor arising out of or relating to
the Contract Documents. The responsibility to substantiate a Claim shall rest with the party
making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty -eight (48) hours from when the Contractor knew or should have known of the event giving
rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants additional time in writing. or else the
Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance
with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently° with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise
agreed to by the Owner in writing. Owner shall continue to make payments in accordance with
the Contract Documents during the pendencx of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utilitn owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents. written notice thereof will
be given to Contractor prior to starting any such other work. If Contractor believes that such
performance will involve additional expense to Contractor or require additional time. Contractor
shall send written notice of that fact to Owner and Design Professional within forr -eight (48)
hours of being notified of the other work. If the Contractor fails to send the above required
forty -eight (48) hour notice. the Contractor will be deemed to have waived any rights it
otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract
Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner. if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work and shall properh connect and
coordinate its Work with theirs. Contractor shall do all cutting. fining and patching of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger an} work of others by cutting. excavating or
otherwise altering their work and will only cut or alter their work with the written consent of the
Project Manager and the others whose work will be affected. The duties and responsibilities of
Contractor under this paragraph are for the benefit of such utility owners and other Contractors
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to the extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of
any other contractor or utility owner (or Owner). Contractor shall inspect and promptly report to
Project Manager in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. Contractor's failure to report
will constitute an acceptance of the other work as fit and proper for integration with Contractor's
Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold
harmless Owner and its officers and employees from any and all liabilities, claims, damages,
penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of
this Agreement by Contractor or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness. or intentional
wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement.
Further, the Contractor shall at all times comply with all of the terms. conditions, requirements
and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, worker's compensation. equal
employment and safety (including. but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation. code,
statute. or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed
that in the event of a change in any applicable laws. ordinance's. rules or regulations subsequent
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to the date this Agreement was executed that increases the Contractor's time or cost of
perfonnance of the Work. Contractor is entitled to a Change Order for such increases. except to
the extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement. the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto. as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the Count shall have
the discretion to unilateralh terminate this agreement immediately.
143 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA).
provides an Internet -based means of verifying employment eligibility of workers in the United
States: it is not a substitute for any other employment eligibility verification requirements. The
program will be used for Collier County formal Invitations to Bid (ITB) and Request for
Proposals (RFP) including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E -Verify program. and provide acceptable
evidence of their enrollment. at the time of the submission of the vendor's /bidder's proposal.
Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile
page or a copy of the fully executed E- Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E- Verif} Program. The affidavit is attached to the
solicitation documents. if the Bidder/Vendor does not comph• with providing both the
acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal
may be deemed non - responsive.
Additionally. vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify)
program visit the following website: http:;;wu\A .dhs.gov!E- Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges. and without exception or stipulation. am firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1324. et seg_ and regulations relating thereto. as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firms)
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to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally terminate
said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris. rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings. structures, trees and shrubbery. not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2.3 above. any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein, without the Owner's consent, shall be void. If Contractor does. with approval, assign this
Agreement or any part thereof, it shall require that its assignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80. F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees. impact fees or inspection fees applicable to the Work through
an internal budget transfer(s). Contractor is not responsible for paying for pen-nits issued by
Collier County, but Contractor is responsible for acquiring all permits. Owner may require the
Contractor to deliver internal budget transfer documents to applicable Collier County agencies
when the Contractor is acquiring permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not
issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer.. use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall
be considered cause for Owner to terminate the Agreement. in whole or in part, as further set
forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
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within the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Project Manager or as provided for in the approved Progress Schedule: or (3) performs the
Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as
may be rejected as unacceptable or unsuitable: or (4) discontinues the prosecution of the Work:
or (5) fails to resume Work which has been suspended within a reasonable time after being
notified to do so: or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10)
days: or (8) makes an assignment for the benefit of creditors: or (9) fails to obey_ any applicable
codes, laws, ordinances. rules or regulations with respect to the Work: or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
following receipt by Contractor of said written notice or such longer period of time as may be
consented to by Owner in writing and in its sole discretion. then Owner, at its option, without
releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate
Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all
or any portion of the Work and any materials, tools. equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders. and complete all or
any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 if Owner deems am- of the foregoing remedies necessary. Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed. All
moneys expended and all of the costs. losses, damages and extra expenses, including all
management. administrative and other overhead and other direct and indirect expenses (including
Desiet Professional and attorneys' fees) or damages incurred by Owner incident to such
completion.. shall be deducted from the Contract Amount, and if such expenditures exceed the
unpaid balance of the Contract Amount. Contractor agrees to pay promptly to Owner on demand
the full amount of such excess, including costs of collection. attorneys' fees (including appeals)
and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the
Contract Amount exceeds all such costs. expenditures and damages incurred by the Owner to
complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be. shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any
and all sums paid, expenses and losses incurred. damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or
required. in completing the Work and providing labor. materials, equipment, supplies, and other
items therefor or re- letting the Work. and in settlement. discharge or compromise of any claims,
demands, suits, and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it
is determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein, then the
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termination will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after
giving Owner a second fourteen (14) days written notice of Contractor's intention to stop
performance under the Agreement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contract
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
Qiving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be entitled to payment for Work not performed or any other
damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination expenses incurred. but Contractor shall not be entitled to any other or further
recovery against Owner, including. but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or amr portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended. Contractor's sole and exclusive remedy shall be to seek
an extension of time to its schedule in accordance with the procedures set forth in the Contract
Documents. In no event shall the Contractor be entitled to any additional compensation or
damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor
shall have the right to terminate the Agreement with respect to that portion of the Work which is
subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use. Contractor shall notify Project Manager in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner. after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
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Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after
conferring with the Design Professional, considers the Work for designated portion) substantially
complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial
Completion which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch -list of items to be completed or corrected by
Contractor before final payment. Owner shall have the right to exclude Contractor from the
Work and Project site (or designated portion thereof) after the date of Substantial Completion,
but Owner shall allow Contractor reasonable access to complete or correct items on the tentative
punch -list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance.
Project Manager and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly issue a final
Certificate for Payment, recommending that. on the basis of their observations and inspections,
and the Contractor's certification that the Work has been completed in accordance with the terms
and conditions of the Contract Documents. that the entire balance found to be due Contractor is
due and payable. Neither the final payment nor the retainage shall become due and payable until
Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner. other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may -be designated by
Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final payment
nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or
any subcontractors by any subcontractor or materialmen supplying materials. equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that am' materials and
equipment furnished under the Contract Documents shall be nevi unless otherwise specified. and
that all Work shall be of good quality. free from all defects and in conformance with the Contract
Documents. Contractor further warrants to Owner that all materials and equipment furnished
under the Contract Documents shall be applied. installed. connected, erected. used. cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents. If. within
one (1) year after Substantial Completion. any Work is found to be defective or not in
conformance with the Contract Documents. Contractor shall correct it promptly after receipt of
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written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. Further, in the event of an emergency. Owner may commence to correct any defective
Work, without prior notice to Contractor, at Contractors expense. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify
compliance with the requirements of the Agreement. The Contractor's Representative shall be
present at the time of inspection and shall take remedial actions to correct any deficiencies noted
in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for
the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition
to any other rights and remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner. Design Professional, their respective representatives, agents and employees. and
governmental agencies with jurisdiction over the Project shall have access at all times to the
Work. whether the Work is being performed on or off of the Project site, for their observation,
inspection and testing. Contractor shall provide proper, safe conditions for such access.
Contractor shall provide Project Manager with timely notice of readiness of the Work for all
required inspections.. tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances. rules or regulations of any
public authority having jurisdictio,* over the Project requires any portion of the Work to be
specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish Project Manager the required certificates of
inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and
costs: to the extent such re- inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's
sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor
all engineering and inspection expenses incurred by Owner in connection with any overtime
work. Such overtime work consisting of any, work during the construction period beyond the
regular eight (8) hour day and for any work performed on Saturday. Sunday or holidays.
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22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties
made or assigned by Contractor to Owner shall be deemed defective Work. If required by
Project Manager. Contractor shall as directed. either correct all defective Work, whether or not
fabricated. installed or completed. or if the defective Work has been rejected by Project
Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear
all direct, indirect and consequential costs of such correction or removal (including, but not
limited to fees and charges of engineers. architects. attorneys and other professionals) made
necessary thereby. and shall hold Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required
to be inspected or tested, Contractor. at Project Manager's request, shall uncover. expose or
otherwise make available for observation. inspection or tests as Project Manager may require,
that portion of the Work in question. furnishing all necessary labor, material and equipment. If it
is found that such Work is defective. Contractor shall bear all direct. indirect and consequential
costs of such uncovering. exposure. observation, inspection and testing and of satisfactory
reconstruction (including, but not limited to. fees and charges of engineers. architects, attomevs
and other professionals). and Owner shall be entitled to an appropriate decrease in the Contract
Amount. 1C however. such Work is not found to be defective. Contractor shall be allowed an
increase in the Contract Amount and /or an extension to the Contract Time. direeth attributable
to such uncovering, exposure. observation. inspection. testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents. Project Manager may order
Contractor to stop the Work. or any portion thereof. until the cause for such order has been
eliminated. The right of Project Manager to stop the Work shall be exercised, if at all. solely for
Owner's benefit and nothing herein shall be construed as obligatin? the Project Manager to
exercise this right for the benefit of Design Engineer- Contractor. or.any other person.
23.4 Should the Owner determine. at its sole opinion. it is in the Owner's best interest to
accept defective Work. the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. if such determination is rendered prior to final payment. a Change Order shall
be executed evidencing such acceptance of such defective Work. incorporating the necessary
revisions in the Contract Documents and reflectins an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment. Contractor shall
promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance
of the defective Work.
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23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work as
required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance
with the Contract Documents, or if Contractor fails to comply with any of the provisions of the
Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and
remedy any such deficiency. Provided, however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action. Owner may exclude Contractor from any or all of the Project site, take
possession of all or any part of the Work. and suspend Contractor's services related thereto, take
possession of Contractor's tools, appliances. construction equipment and machinery at the Project
site and incorporate in the Work all materials and equipment stored at the Project site or for
which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner.
Desien Professional and their respective representatives, agents, and employees such access to
the Project site as may be necessary to enable Owner to exercise the rights and remedies under
this paragraph. All direct. indirect and consequential costs of Owner in exercising such rights
and remedies shall be charged against Contractor, and a Change Order shall be issued,
incorporating the necessary revisions to the Contract Documents, including an appropriate
decrease to the Contract Amount. Such direct, indirect and consequential costs shall include.. but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals. all
court costs and all costs of repair and replacement of work of others destroyed or damaged by
correction. removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary, to perform the Work in accordance with the Contract Documents.
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents. Contractor shall keep on the Work at all times during its progress a
competent resident superintendent, who shall be subject to Owners approval and not be replaced
without prior written notice to Project Manager except under extraordinary circumstances. The
superintendent shall be employed by the Contractor and be the Contractor's representative at the
Project site and shall have authority to act on behalf of Contractor. All communications given to
the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to
direct Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent
and all of Contractor's key personnel who are assigned to the Project: such identified personnel
shall not be removed without Owner's prior written approval, and if so removed must be
immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall, at his discretion, deduct from the
` Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate
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project supervision, not as a penalty. but as liquidated damages. separate from the liquidated
damages described in Section 5.13. for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any, loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors. Contractor shall be charged with the
same, and any moneys necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure. nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor. or its subcontractors, agents or anyone for
whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks.
Contractor shall immediatelv notify Project Manager and Design Professional. The Owner or
Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety° or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. if the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Contractor fails to provide the fora -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. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract Documents and other lands and areas permitted by law. rights of way.
permits and easements. and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area. or to the owner or occupant thereof, or any land or areas
contiguous thereto. resulting from the performance of the Work.
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28. SAFETY.
28.1 Contractor shall be responsible for initiating. maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety o£ and shall provide the necessary protection to prevent damage.
injury or loss to:
28.1.1 All employees on or about the project site and other persons and /or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein.
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto. including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for
such safety and protection. Contractor shall notify owners of adjacent property and of
underground structures and improvements and utility owners when prosecution of the Work may
affect them, and shall cooperate with them in the protection, removal, relocation or replacement
of their property. Contractor's duties and responsibilities for the safety and protection of the
Work shall continue until such time as the Work is completed and final acceptance of same by
Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property.
All employees of Contractor, as well as those of all subcontractors and those of any other person
or entity for whom Contractor is legally liable (collectively referred to herein as " Emplovees" ),
shall not possess or be under the influence of any such substances while on any Owner property.
Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or
explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply
�- with the following:
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28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor.
Such identification badge must be prominently displayed on the outside of the Employees'
clothing at all times. All Employees working at the Project site must log in and out with the
Contractor each day:
285.3 Contractor shall strictly limit its operations to the designated work areas
and shall not permit any Employees to enter any other portions of Owner's property without
Owner's expressed prior written consent:
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are stricth prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with
respect to dress and conduct at the Project site. Further, all Employees shall comply with the
dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may
be changed from time to time:
285.6 All Employees shall enter and leave Owner's facilities only through the
ingress and egress points identified in the site utilization plan approved by Owner or as otherwise
designated. from time to time. by Owner in writing:
28.5.7 When requested. Contractor shall cooperate with any ongoing Owner
investigation involving personal injml. economic loss or damage to Owner's facilities or
personal property therein:
285.8 The Employees may not solicit. distribute or sell products while on
Owner's proper[`. Friends, family members or other visitors of the Employees are not permitted
on Owner's property: and
28.5.9 At all times. Contractor shall adhere to Owner's safety and security
regulations, and shall comph° with all security requirements at Owner's facilities. as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre - construction conference
with the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule. procedures for handling shop drawings and other submittals, and for processing
Applications for Payment. and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work. the Contractor shall attend army and all meetings
convened by the Project Manager with respect to the Project. when directed to do so by Project
Manager or Design Professional. The Contractor shall have its subcontractors and suppliers
attend all such meetings (including the pre - construction conference) as may be directed by the
Project Manager.
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30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD).. where applicable on local roadways and as
prescribed in the Florida Department of Transportations Design Standards (DS), where
applicable on state roadways. These projects shall also comply with Collier County's
Maintenance of Traffic Policy, 95807, incorporated herein by reference. Copies are available
through Risk Management and /or Purchasing Departments, and is available on -line at
colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD. FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT ") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page.
If MOT is required. MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales. consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup
shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to
Owner. Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make
direct purchases of various construction materials and equipment included in the Work ( "Direct
Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor. for
execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for
execution of all such purchase orders by Owner. Contractor represents and warrants that it will
use its best efforts to cooperate with Owner in implementing this sales tax savings program in
order to maximize cost savings for the Project. Adjustments to the Contract Amount will be
made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or
group of similar or related Direct Purchases, unless otherwise mutually agreed upon between
Owner and Contractor. With respect to all Direct Purchases by Owner. Contractor shall remain
responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling,
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installing. warranting and quality control for all Direct Purchases. Notwithstanding anything
herein to the contrary. Contractor expressly acknowledges and agrees that all Direct Purchases
shall be included within and covered by Contractor's warranty to Owner to the same extent as all
other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the
event Owner makes a demand against Contractor with respect to any Direct Purchase and
Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase,
upon request from Contractor Owner shall assign to Contractor any and all warranties and
Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase
by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory, responsibilities for sale tax
under Chapter 212, Florida Statutes. and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the desi_n and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the breakdown and composition
of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and
shall supply a cope of that breakdown and composition to Owner and Design Professional for
their review and approval prior to submitting its first Application for Payment. Contractor shall
take into consideration such factors as natural and practical lines of severability, sequencing
effectiveness, access and availability constraints, total time for completion. construction market
conditions. availability of labor and materials. community relations and any other factors
pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
soleh responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders. Work Directive Changes. Field Orders and Requests for Proposal, with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness. acting in Owner's best interest, prior to
requesting approval of any Change Order from Omer. All Subcontractors performing any
portion of the Work on this Project must be -qualified- as defined in Collier County Ordinance
87 -2�, meaning a person or entity that has the capabilitn in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure Rood faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify am° other Subcontractors, including their addresses,
licensing information and phone numbers. it intends to utilize for the Project prior to entering
into an} subcontract or purchase order and prior to the Subcontractor commencing any work on
the Project. The list identifying each Subcontractor cannot be modified- changed, or amended
without prior written approval from Owner. An% and all Subcontractor work to be self -
performed by Contractor must be approved in writing by Owner in its sole discretion prior to
commencement of such work. Contractor shall continuously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
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33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub - subcontractor performing any portion of the Work.. as well as maintain a
loa of all such licenses. All subcontracts and purchase orders between Contractor and its
Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly
waived in writing by Owner, all subcontracts and purchase orders shall (1) require each
Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the
terms of the Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase
order from Contractor to Owner at the election of Owner upon termination of Contractor. (3)
provide that Owner will be an additional indemnified parry of the subcontract or purchase order,
(4) provide that Owner, Collier County Government, will be an additional insured on all liability
insurance policies required to be provided by the Subcontractor except workman's compensation
and business automobile policies, (5) assign all warranties directly to Owner. and (6) identify
Owner as an intended third -party, beneficiary of the subcontract or purchase order. Contractor
shall make available to each proposed Subcontractor, prior to the execution of the subcontract.
copies of the Contract Documents to which the Subcontractor will be bound. Each
Subcontractor shall similarly make copies of such documents available to its sub - subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-
site) supervision through a named superintendent for each trade (e.g.. general concrete forming
and placement, masonry, mechanical, plumbing, electrical and roofing) included in its
subcontract or purchase order. In addition. the Subcontractor shall assign and name a qualified
employee for scheduling direction for its portion of the Work. The supervisory employees of the
Subcontractor (including field superintendent, foreman and schedulers at all levels) must have
been employed in a supervisory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last five years. The Subcontractor shall include a
resume of experience for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of
the subcontract or purchase order caused by events beyond its control, including delays claimed
to be caused by Owner or Design Professional or attributable to Owner or Design Professional
and including claims based on breach of contract or negligence, shall be an extension of its
contract time.
33.6.2 In the event of a change in the work.. the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes plus
no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable. shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for
delays and changes in the Work and thus eliminate any other remedies for claim for increase in
the contract price, damages, losses or additional compensation. Further, Contractor shall require
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all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in
the manner in which Contractor must submit such claims to Owner. and that failure to comply
with such conditions for giving notice and submitting claims shall result in the waiver of such
claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site.. originals or copies of on a
current basis, all Project files and records. including. but not limited to. the following
administrative records:
34.1.1 Subcontracts and Purchase Orders
34. 1.2) Subcontractor Licenses
34. 13 Shop Drawing Submittal /Approval Logs
34.1.4 Equipment Purchase / Deliven Logs
34.1.5 Contract Drawings and Specifications with Addenda
34. L6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10Equipment Costs
34.1.1 1 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13Meeting Minutes
34.1.14Cost- Estimates
34.1.1513ulletin Quotations
34.1.I61-ab Test Reports
14.1.171nsurance Certificates and Bonds
34.1.18Contract ChanLes
34.1.19Pennits
34.1.20Material Purchase Delivery Logs
34.1 21 Technical Standards
34.1 22Design Handbooks
34.1.23 "As- Built" Marked Prints
34.1.240perating & Maintenance Instruction
34.1 25Daily Progress Reports
34.1 26Monthly Progress Reports
34.1 27Correspondence Files
34.1.28Transmittal Records
34.1 29lnspeetion Reports
34.1.30Punch Lists
34.1.31 PMIS Schedule and Updates
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The Project files and records shall be available at all times to Owner and Design Professional or
their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation
date, the Contractor shall meet with appropriate County staff to discuss the presentation
requirements and format. Presentations may include, but not be limited to, the following
information: Original contract amount. project schedule, project completion date and any
changes to the aforementioned since Notice to Proceed was issued.
35. SECURITY
If required. Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all employees
that shall provide services to the County under this Agreement. This may include, but not be
limited to, checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and make
them available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County. Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of
a Value Engineering (VE) study conducted during project development. A "project" shall be
defined as the collective contracts. which may include but not be limited to: design, construction,
and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762. F.A.C.
regulated tank requires notification to the 'Count,' prior to installation or closure of the tank.
The Pollution Control Department (239- 252 - 2502). via contract GC -690 with the Florida
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Department of Environmental Protection (FDEP). is the County (local program) for the purposes
of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again foray -eight (48) hours prior to commencement of the installation. Closure
activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to
commencement. The notification is to allow for scheduling of the inspections pertaining to the
installation /closure activities. A series of inspections will be scheduled based upon system
design after discussing the project with the contractor /project manager. Specifics on
applicabilitt, exemptions. and requirements for regulated pollutant storage tank systems can be
found in 62 -761. F.A.C. and 62 -762. F.A.C. or you may contact the Pollution Control
Department with your questions. Please note that equipment must be listed on the FDEP
approved equipment list and will be verified at inspection along with installation and testing
procedures. The approved equipment list is constantly updated and can be found at the FDEP
Storage Tank Regulation website along with rules. forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat. clean.
well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall
supply competent employees who are physically capable of performing their employment duties.
The Owner may require the Contractor to remove an employee it deems careless. incompetent.
insubordinate or otherwise objectionable and whose continued employment on Owner's projects
is not in the best interest of the Count%.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties. the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution. and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement. the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of am° settlement reached at
mediation to OWNER'S board for approval. Should either pam fail to submit to mediation as
required hereunder, the other party may obtain a coup order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County. Florida. which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and /or services purchased as a part of this contract.
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EXHIBIT J
TECHNICAL SPECIFICATIONS
See separate downloadable file from K-ww.collicreov.net /bid
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EXHIBIT K
PERMITS
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EXHIBIT L
STANDARD DETAILS
See separate downloadable file from www.collieraov.net /bid
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EXHIBIT M
PLANS AND SPECIFICATIONS
See separate downloadable file from www.colliereov.net /bid
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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