Agenda 04/26/2016 Item #11B 4/26/2016 11 .B.
EXECUTIVE SUMMARY
Recommendation to award Bid #16-6589, "Memorial Pathway on Vanderbilt Drive," to Haskins,
Inc. for construction of pathway and roadway improvements in the amount of $2,341,044.22,
Project 60178.
OBJECTIVE: To provide eight to ten-foot wide pathway improvements as well as roadway and
drainage improvements on Vanderbilt Drive from 111th Avenue to Bonita Beach Road.
CONSIDERATION: A ten-foot wide pathway on the west side and roadway improvements
such as the addition of 5' shoulders, milling and resurfacing of the asphalt pavement, and
stormwater treatment and conveyance will be constructed on Vanderbilt Drive from 111th
Avenue to the limits of the Vanderbilt Drive Bridge Replacements project (66066). An eight-
foot wide pathway along with roadway improvements and stormwater conveyance will be
constructed on the west side of Vanderbilt Drive from approximately Wiggins Pass Road to
Bonita Beach Road with the exception of the Kalea Bay PUD limits in which an eight-foot wide
pathway was already constructed. Small portions of the project will include the use of existing
6' wide pathway.
On January 22, 2016,the Purchasing Department sent 2,233 notices to vendors for Bid#16-6589
for the construction of a pathway along Vanderbilt Drive. Eighty packages were downloaded.
On February 22, 2016, five bids were received and opened. The qualified and responsive bid
results follow:
Contractor Bid
1 Haskins, Inc. $2,341,044.22
2 Tamiro, LLC. $2,394,001.13
3 Douglas N. Higgins, Inc. $2,437,524.27
4 Wright Construction $2,467,222.68
5 Coastal Site Development $2,997,260.56
Staff reviewed the unit pricing on the bid tab, and Haskins, Inc., was the lowest, qualified and
responsive bidder with a bid of$2,341,044.22. The Design Engineer's (Daniel G. Hall, P.E. of
Collier County) opinion of probable cost for the project was $1,995,375.53. The Haskins, Inc.
bid is 19.7% over the Engineer's estimate.
FISCAL IMPACT: This project will be funded through several sources including a
Developer's Contribution Agreement in the amount of$1,657,531.85 available in project 60178;
Public Utilities funds in the amount of $49,800 available in project 70071; Road Maintenance
funds in the amount of $490,000 available in project 60131; and funds in the amount of
$143,712.37 available in project 60118. Budget amendments will be prepared to move funding
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4/26/2016 11.B.
from projects 60131 and 60118 into 60178. Source of funds are gas taxes, developer
contributions, and county water capital projects fund.
The estimated useful life of the asphalt pathway is 12 years with minimal to no repair cost during
that duration of time.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: To award Bid #16-6589 "Memorial Pathway on Vanderbilt Drive" to
Haskins, Inc. in the amount of $2,341,044.22, approve all budget amendments necessary to
recognize and appropriate funds for construction, and authorize the Chairman to sign the
attached contract after final review by the County Attorney's Office.
Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering Division,
Growth Management Department
Attachments:
1) Bid Tabulation#16-6589
2) Bid Tabulation with Analysis
3) Bid Analysis
4) Proposed Contract:
Intp://apps3.collieraov.net/agenda/ftp/20 16BCCMeetings/AgendaApri12616/GrowthMgm
t/Proposed Contract.pol'
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4/26/2016 11 .B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item Summary: Recommendation to award Bid #16-6589, "Memorial Pathway on
Vanderbilt Drive," to Haskins, Inc. for construction of pathway and roadway improvements in
the amount of$2,341,044.22, Project 60178.
Meeting Date: 4/26/2016
Prepared By
Name: Daniel Hall
Title:Project Manager, Senior,Transportation Engineering&Construction Management
3/15/2016 1:07:44 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering&Construction Management
Name: Daniel Hall
3/15/2016 1:07:45 PM
Approved By
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 3/16/2016 6:46:29 AM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 3/16/2016 9:55:22 AM
Name: EvelynColon
Title: Procurement Specialist,Procurement Services
Date: 3/17/2016 8:18:57 AM
Name: GossardTravis
Title:Division Director-Road Maintenance,Road Maintenance
Date: 3/17/2016 9:41:05 AM
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4/26/2016 11.B.
Name:NauthRookmin
Title: Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal
Date: 3/18/2016 1:22:15 PM
Name: JohnsonScott
Title: Manager-Procurement,Procurement Services
Date: 3/18/2016 2:09:14 PM
Name: KhawajaAnthony
Title: Chief Engineer-Traffic Operations,Traffic Operations
Date: 3/22/2016 3:35:57 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 3/24/2016 10:31:19 AM
Name: Scott Trinity
Title:Manager-Planning,Transportation Planning
Date: 3/28/2016 10:42:10 AM
Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 3/29/2016 11:50:00 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 3/30/2016 10:03:52 AM
Name: ChmelikTom
Title:Division Director-Public Utilities Eng,Public Utilities Engineering
Date: 3/30/2016 12:18:38 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/30/2016 3:15:27 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/31/2016 2:49:12 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2016 4:39:29 PM
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4/26/2016 11 .B.
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 4/15/2016 11:10:06 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2016 1:10:12 PM
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4/26/2016 11 .B.
ITB 16-6589—Bid Analysis
Memorial Pathway on Vanderbilt Drive
I have reviewed the bid and analyzed it for anomalies by comparing it to the engineer's estimate and the
average of the bid price. Below are pay items in which the Contractor's unit price was significantly
different than the Engineer's Estimate:
102-1 Maintenance of Traffic(1 LS)-Lower than estimated
530-74 Bedding Stone(TN-KCA Stormwater Treatment Plans)-Lower than estimated
120-6 Embankment(CY-KCA Stormwater Treatment Plans)-Lower than estimated
514-71-1 Plastic Filter Fabric, Subsurface(SY-KCA Stormwater Treatment Plans)-Lower than estimated
Unit Prices for Engineer's Estimate were taken from historical pricing from County projects and FDOT
Area Averages.All pay items and associated quantities have been reviewed and deemed correct based on
the proposed plans. It is anticipated that the difference in unit cost for most of the items is due to the
overall price increases in construction in the area,as reflected by all recently submitted bids. Bids have
been averaging approximately 30%higher. Several items were generally slightly higher than estimated to
lead to the overall 19.7%increase from the engineer's estimate.
I have verified the plan quantities for these items and find minimal risk to the county in awarding the bid.
Daniel G Hall,P.E.
Senior Project Manager
Transportation Engineering Division
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Coyer County
Administrative Services Department
Procurement Services Division
16 -6589 Memorial Pathway on Vanderbilt Drive
COLLIER COUNTY BID NO. 16 -6589
COLLIER COUNTY, FLORIDA
Evelyn Colon, Procurement Strategist
Email: evelyncolon @colliergov.net
Telephone: (239) 252 - 2667
FAX: (239) 252 - 2810
Design Professional:
The Collier County Growth Management Division
FruAmr4?nS.S'Ji. V '6s Dms wi • 3327 Tarmami Trail East - 4apk%, Eier4r3a 141124W -23K52 8407 - ,.mmw: Wliergm nets rc,:.urementseroces
1
16 -6589 Memorial Pathway on Vanderbilt Drive
TABLE OF CONTENTS
PUBLICNOTICE ........................................................................................ ............................... 3
PART B - INSTRUCTIONS TO BIDDERS .................................................. ............................... 5
CONSTRUCTIONBID ................................................................................. .............................12
BIDSCHEDULE .......................................................................................... .............................13
MATERIAL MANUFACTURERS ................................................................. .............................14
LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................14
STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................16
TRENCHSAFETY ACT ............................................................................... .............................17
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................18
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ........................ .............................19
BIDBOND ................................................................................................... .............................23
BIDDERSCHECK LIST .............................................................................. .............................25
CONSTRUCTIONAGREEMENT ................................................................. .............................26
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................33
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................36
EXHIBIT B: INSURANCE REQUIREMENTS ............................................... .............................39
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................41
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................45
EXHIBITE: CHANGE ORDER .................................................................... .............................46
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................47
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................49
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................... .............................50
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................... .............................82
EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................83
EXHIBITK: PERMITS ................................................................................. .............................84
EXHIBIT L: STANDARD DETAILS ............................................................. .............................85
EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................86
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............87
2
16 -6589 Memorial Pathway on Vanderbilt Drive
Coen Couvety
Administrative Services Department
Procurement Services Division
PUBLIC NOTICE
INVITATION TO BID
16 -6589 Memorial Pathway on Vanderbilt Drive
COUNTY BID NO. 16 -6589
Separate sealed bids for the construction of Memorial Pathway on Vanderbilt Drive , addressed
to Ms. Joanne Markiewicz, Director, Procurement Services, will be received at the Collier
County Government, Procurement Division, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00
P.M. LOCAL TIME, on the 22nd day of February, at which time all bids will be publicly opened
and read aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder. The anticipated project budget is: $1,987,912.53.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Memorial Pathway on Vanderbilt Drive Bid No. 16 -6589 and Bid
Date of February 22nd ,, . No bid shall be considered unless it is made on an unaltered Bid form
which is included in the Bidding Documents. The Bid Schedule shall be removed from the
Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the Collier
County Procurement Division Online Bidding System website: www.colliergov.net/bid. Copies
of the Bidding Documents may be obtained only from the denoted website. Bidding Documents
obtained from sources other than the Collier County Procurement Division website may not be
accurate or current.
Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not
less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance
within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto and
incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance
Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds,
Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be
either executed by or countersigned by a licensed resident agent of the surety or insurance
company having its place of business in the State of Florida. Further, the said surety or
insurance company shall be duly licensed and qualified to do business in the State of Florida.
Attorneys -in -fact that sign Bid 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.
3
16 -6589 Memorial Pathway on Vanderbilt Drive
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 Two Hundred Forty
(240) 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 20th day of January.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director, Procurement Services Division
4
16 -6589 Memorial Pathway on Vanderbilt Drive
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly
authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or architect
who is in privity with the Owner for the purpose of designing and /or monitoring the construction
of the project. At the Owner's discretion, any or all duties of the Design Professional referenced
in the Contract Documents may be assumed at 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.
1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in
response to this solicitation.
1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive
Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the
Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to
Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents,
properly signed, providing the Owner a proposed cost for providing the services required in the
Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages
15 - 29 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 Procurement Division, 3327 Tamiami Trail E,
Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the location
specified herein after the time specified for bid opening will be returned to the bidder unopened
and shall not be considered.
5
16 -6589 Memorial Pathway on Vanderbilt Drive
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check
payable to Owner on some bank or trust company located in the State of Florida insured by the
Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the
bidder's maximum possible award (base bid plus all add alternates) (collectively referred to
herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages
if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails
to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within
ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with
conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond.
Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been
executed by the Successful Bidder and same has been delivered to Owner together with the
required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the
respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the
Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty
(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 one hundred twenty (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 one hundred twenty (120)
days from opening, unless otherwise agreed by the Procurement Director and the Successful
Bidder.
3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Project requires additional
time, in which event the Owner shall have such additional time to execute the Agreement as
may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons.
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.
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.
6
16 -6589 Memorial Pathway on Vanderbilt Drive
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 and
addressed on the County's Online Bidding System to be given consideration. All such requests
for interpretations or clarification must be received as directed in the Online Bidding System
instructions and 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 via the
Online Bidding System at their respective email 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.
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;
16 -6589 Memorial Pathway on Vanderbilt Drive
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 the 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 2.3 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
re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent
(25 %) from the estimate at the time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
invitation (including the form of the bid documents or bid procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's
then current purchasing ordinance and policies.
8
16 -6589 Memorial Pathway on Vanderbilt Drive
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 professional of the Owner's Procurement
Division or his or her designee and delivered to the intended awardee or mailed to awardee at
the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Procurement Division
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 Procurement
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
ordinance and policies. A copy of the purchasing ordinance is available at
htti)://www.colliergov.net/Index.aspx?pa_qe=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.
12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of
State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501
and provide a certificate of authority (www.sunbiz.org /search.htmi) prior to execution of a
contract. A copy of the document may be submitted with the solicitation response and the
document number shall be identified. Firms who do not provide the certificate of authority at the
time of response shall be required to provide same within five (5) days upon notification of
selection for award. If the firm cannot provide the document within the referenced timeframe, the
County reserves the right to award to another firm.
Section 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 the Contractor for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection fees
applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include
these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the
responsibility to initiate and complete all necessary and appropriate actions to obtain the
9
16 -6589 Memorial Pathway on Vanderbilt Drive
required permits other than payment for the items identified in this section. Owner will not be
obligated to pay for any permits obtained by Subcontractors.
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 2013 -69, 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.
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 Bidder shall
identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of
Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and
agree that the subcontractors identified on the list is not a complete list of the subcontractors to
be used on the Project, but rather only the major subcontractors for each category of Work as
established by Owner. Bidders further acknowledge that once there is an Award of Contract,
the Successful Bidder shall identify, subject to Owner's review and approval, all the
subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor
shall be removed or replaced without Owner's prior written approval.
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.
10
16 -6589 Memorial Pathway on Vanderbilt Drive
Section 17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a response.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
solicitation closing to final Board approval, no firm or their agent shall contact any other
employee of Collier County in reference to this solicitation, or the vendor's response, with the
exception of the Procurement 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 Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance
with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity'; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor
list."
11
16 -6589 Memorial Pathway on Vanderbilt Drive
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Memorial Pathway on Vanderbilt Drive
BID NO. 16 -6589
Full Name of Bidder Haskins, Inc.
Main Business Address 10956 Enterprise Avenue, Bonita Springs, Fl- 34135
Place of Business Same as above
Telephone No. 239 -947 -1846 Fax No. 239- 947 -3857
State Contractor's License # CBC 1260383
State of Florida Certificate of Authority Document Number 1-1504200000316
Federal Tax Identification Number 59- 1260383
DUNS # 106950637 CCR# C35369 Cage Code 4450
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as
principals are those named herein, that this Bid is submitted without collusion with any other
person, firm or corporation; that it has carefully examined the location of the proposed Work, the
proposed form of Agreement and all other Contract Documents and Bonds, and the Contract
Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included
in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other
means of construction, including utility and transportation services necessary to do all the Work,
and furnish all the materials and equipment specified or referred to in the Contract Documents
in the manner and time herein prescribed and according to the requirements of the Owner as
therein set forth, furnish the Contractor's Bonds and Insurance specified in the General
Conditions of the Contract, and to do all other things required of the Contractor by the Contract
Documents, and that it will take full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where
further decimal points are Inadvertently provided, rounding to two decimal points will be
conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
12
16 -6589 Memorial Pathway on Vanderbilt Drive
BID SCHEDULE
Memorial Pathway on Vanderbilt Drive
Bid No. 16 -6689
Please input your prices at www.collieraov.netlbid
13
1 M589 Memorial Pathway on Vanderbilt Drive
tsla Schedule 16 -6689 Memorial Pathway on
Vanderbilt Olive
DESIGN PLANS BY COLLIER COUNTY, COLLIER COUNTY PROJECT No. 60178
ITEM No. DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
AMOUNT
101 -1 MOBILIZATION
102.1 MAINTENANCE OF TRAFFIC
LS
1 $
155,000.00 5
155,00000
104 -70-3 STAKED SILT FENCE (TYPE III)
LS
1 S
25,000.00 S
25,000.00
10418 INLET PROTRECTION SYSTEM
LF
18,329 5
1.00 S
34,825.10
107 -2 MOWING
EA
57 5
125,00 S
7,125.00
110 -1.1 STANDARD CLEARING B GRUBBING
ACRE
13 3
800.00 S
7,000.00
120.1 REGULAR EXCAVATION
L5
1 S
55,000,00 S
55.000,00
12D-6 EMBANKMENT
CY
4,299 S
9.00 S
30,600.20
CY
5,201 S
4.00 S
72;814.00'
121 -7D PLOWABLE FILL
.4
160 TYPE 8 STABILIZATION
CY
10 S
300 00 s
3.000.00
SY
15,359 $
4.25 S
06,274.24
245.701 OPTIONAL BASE GROUP 1
S Y
15,240 S
8.50 $
120,541.61
245709 OPTIONAL BASE GROUP 9
327 -7 -1 MILLING EXISTING ASPHALT PAVEMENT (1.5` AVERAGE)
SY
1,098 S
25.00 S
27,443.33
334.1 -11 SUPERPAVE ASPH. CONC., TRAFFIC A (PATHWAY)
SY
14,439 S
2.80 S
40,428.95
334.1.12 SUPERPAVE ASPH. CONC., TRAFFIC 8 (ROADWAY)• S.P, 9.5
TN
945.9 $
135.00 5
127,701:34
(NORTH)
TN
78.3 5
26000 S
10,845.06
334.1 -13 SUPERPAVE ASPH.. CONC., TRAFFIC B (ROADWAY)
• S. R. 12.5 (NORTH)
TN
126.3 S
280,00 $
32,840,17
334 -1.13 SUPERPAVE ASPH. CONC., TRAFFIC B (ROADWAY) -SOUTH
TN
1,3041 S
175.00 $
170,134.50
337 -7.41 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC B. FC•12.5
(SOUTH)
TN
1,503..5 $
170.00 S
255,594.55
425 -1 -201 CURB INLET TYPE 9, WITH DOGHOUSE
4251.211 CURB INLET TYPE 10, WITH DOGHOUSE
EA
1 S
9,087.00 S
0,687.00
EA
1 S
0,88800 S
0,808.00
4251 -351 CURB INLET TYPE P -5
4251-361 CURB INLET TYPE P -6
EA
1.0 S
4,027.00 5
4,827.00
4257.521 DITCH BOTTOM INLET TYPE C (INDEX 232)
EA
2.0 S
5.633.00 S
11,080.00
425.1 -529 DITCH BOTTOM INLET, MODIFY
EA
3 5
4,235.00 S-
12.705.00
4251 -541 DITCH BOTTOM INLET TYPE D (INDEX 232)
EA
2 S
6,075.00 S
12,150.00
425 -1.543 DITCH BOTTOM INLET TYPE 0 (INDEX 232),
EA
1 S
2,775.00 3
2,775.00
J BOTTOM <10'
EA
11 S
3,400.00
425 -1 -91D CLOSED FLUME INLET
S
78,300.00
4252.81 MANHOLES. P -8, <1D
EA
5 3
a,000.00 S
23,000.00
425.2.91 MANHOLES, J -8, <1v
EA
9 3
4,185.00 S
37, 60 5 00
425.6 VALVE BOX •ADJUST
EA
3 S
4,826.00 S
14,475.00
42510 YARD DRAIN
EA
17 S
7 00.00 S
11,900.00
43094 -1 DESILT PIPE (0 TO 24 ")
EA
1 $
580.00 $
580.00
430.174.115 PIPE CULVERT (CLASS III CONCRETE)(ROUNDx15 ")
LF
100 S
40.00 S
4,000.00
LF
543. S
5200 S
281276,00
430. 174.110 PIPE CULVERT (CLASS III CONCRETE)(ROUND) (16°)
430.174.124 PIPE CULVERT (CLASS III CONCRETE)(ROUNO) (24 ")
LF
7,390 S
60.00 $
63.400,00
430. 174215 PIPE CULVERT (CLASS III CONCRETE)(ELUPTICAL)
LF
583 S
11000 s
84,130.00
(12 "X18 ")
LF
8
430 -174 -218 PIPE CULVERT (CLASS III CONCRETE)(ELLIPTICAL) (14 "X23 ")
5
250.00 S
2,000.00
430 - 174224 PIPE CULVERT (ClAS5111 CONCRETE)(ELLIPTICAL)
lF
313 S
75.00 S
23,475.00
(19 "X3(r")
LF
214 S
$30.984.123 MITERED END SECTION (15')
710.00 S
23,540.00
130. 984.125 MITERED END SECTION (18 ")
EA
3 S
1,000.00 $
5,000.00
130- 984.129 MITERED END SECTION (24 ")
EA
B S
1,935.00 S
15,486.00
30- 964141 MITERED END SECTION (48•)
EA
3 S
2,090,00 5
6,270.00
EA
1 s
7,850.00 s
7,650.00
Prepared by Transporta0on OPetali0ns Departmen12PM016
E 23
MITERED ENO SECTION (12 "X18 ")
EA
1
5 1,900,00
9 7,000.00
25
MITERED END SECTION (14 "X23 ")
EA
9
5 1,9w oo
S 17,640.00
430.984.629
MITERED END SECTION (19 "X30 ")
FA
d
5 2.150.00
S 0,800.00
436 -1 -1
TRENCH DRAIN
LF
165
5 160.00
$ 2D,400 00
520.1
CONCRETE CURB d GUTTER (ALL CURB TYPES)
LF
1,710
S 22.00
$ 37,620.00
$22 -2
SIDEWALK (CONCRETE, 3000 PSI, 8" THICK)
BY
1,092
$ 52.00
3 50,704,00
526 -1.1
PAVERS
Sy
53
$ 60,00
S 3,153,33
527 -2
DETECTABLE WARNINGS
SF
795
$ 30.50
$ 24,247.50
570 -1.2
PERFORMANCE TURF, $00 (BAHIA)
Sy
20,623
$ 145
S 50.SX35
570.1 -2
PERFORMANCE TURF. SOD (ST. AUGUSTINE)
Sy
20,823
S 3.00
S 81,909,00
580.1 -1
LANDSCAPE COMPLETE - SMALL PLANTS (PASPALUM VAGINATUM)
LS
1
S 5,500.00
S 5,500:00
7042411
SINGLE SIGN POST
AS
64
$ 365.Op
S 24,041190
700.2040
SINGLE SIGN POST, RELOCATE
AS
5
5 289.00
S 1,440.00
71411
PAINTED BIKE LANE MESSAGE
EA
8
S 04.00
5 512.90
711. 11-121
THERMOPLASTIC PAVEMENT MARKINGS, WHITE, 6"
LF
11030
S 0.75
S 6,272.50
711.11 -123
THERMOPLASTIC PAVEMENT MARKINGS, WHITE, 12"
LF
1708
$ 2.80
S 4,953.20
711 - 11.124
THERMOPLASTIC PAVEMENT MARKINGS, WHITE, 18"
LF
21
S Soo
$ 1pBAp
711 - 11.125
THERMOPLASTIC PAVEMENT MARKINGS, WHITE, 24"
LF
264
$ 5.75
S 1,570.00
711 -11 -131
THERMOPLASTIC PAVEMENT MARKINGS, 2'-4' SKIP, WHITE, 6"
LF
607
S 0.75
5 455.25
711 -11 -131
THERMOPLASTIC PAVEMENT MARKINGS, V -10' SKIP, WHITE, 6"
LF
309
S 0.75
$ 231.75
711 - 11.221
THERMOPLASIC PAVEMENT MARKINGS, YELLOW, 6"
LF
7410
S 0,75
5 5,557.50
711.11.224
THERMOPLASIC PAVEMENT MARKINGS, YELLOW, 18"
LP
804
S 4.31
S 2.048.04
711 -11 -231
THERMOPLASTIC PAVEMENT MARKINGS, 70' -30' SKIP, YELLOW, 6"
IF
1281
S 0.75
S 945.76
711.4
DIRECTIONAL ARROWS
EA
23
5 69.00
S 1,567,00
7043
RETRO- REFLECTIVE PAVEMENT MARKER
EA
536
S 345
S 1,040.20
737.70.1
UTILITY LOCATES, UNDERGROUND
EA
40
S 250,00
s 10.000.00
1000.6
UTILITY WORK- WATER MAIN DEFLECTION
EA
17
5 2,800.00
S 47,600.00
1060.15.111
UTILITY STRUCTURE-BELOW GROUND (ADJUST)(STA22r80)
EA
1
S 7,500.00
$ 1,500.00
1644.81
FIRE HYDRANT (RELOCATE)
EA
1
S - 2.200.00
S 2,200.00
CONSTRUCTION LAYOUT
LS
1
5 33,50000
S 33A00.ou
'^
AS -BUILT RECORD DRAWINGS (SIGNED AND SEALED)
LS
1
$ 71,00000
S 11.000.00
ROADWAY ALLOWANCE
L5
1
s 7s,pD0.pp
5 76,000;00
•�••••• .•+ - ncm-onceI rAl4LlI T PLANS" tiY KCA
ITEMNO.
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
AMOUNT
104 -10. 3
SEDIMENT BARRIER
LF
80
S 4.00
S 320.00
425 -1 -521
INLETS, DT SOT, TYPE C 00'
EA
8
S 3000.00
S 18 000.00
430.174 -118
PIPE CULVERT OPTIONAL
MATERIAL ROUND, 18" SO
LF
836
S 55.00
S 45 980.00
530.74
BEDDING STONE
7N
309
S 24.00
S 7,41600
120.6
EMBANKMENT
CY
1254
S 5.50
5 6,887.00
514.71 -1
PLASTIC FILTER FABRIC, SUBSURFACE
Sy
1924
S 2.20
S 4,232,80
524.1 -2
CONCRETE DITCH PAVEMENT NON REINFORCED, 4"
5Y
6
S 44..50
S 287,00
430. 984125
MITERED END SECTION OPTIONAL ROUND. 18" SD
EA
1
3 215000
S 2.150.00
TOTAL PROJECT COST
52,341,044.22
Prepared by; Transportation Operations Department 2222018
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, including compliance with Florida Statute 255.20 to provide
lumber, timber and other forest products produced and manufactured in the State of Florida as
long as the price, fitness and quality are equal. 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: Haskins, Inc.
Signature:
MacPhee, Estimator /Secretary
Date: 2/22/2016
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
EXCEPTION MANUFACTURER
Company: Haskins Inc. _
Signature bate 2/22/16
14
16 -6589 Memorial Pathway on Vanderbilt Drive
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 2013 -69 and Section 15
of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the
Contract Documents, including, but not limited to proper licenses, certifications, registrations
and insurance coverage. The Owner reserves the right to' disqualify any Bidder who includes
non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the
Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which
is found to be non - compliant with this requirement either before or after the issuance of the
Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned
acknowledges and agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors
subsequently identified for any portion of work on this Project must be qualified as noted above.
Company: Haskins, Inc.
Signature: Date? 2/22/2016
Ryan acPhee, Estimator /Secretary
15
16 -6589 Memorial Pathway on Vanderbilt Drive
Major Category of Work
Subcontractor and Address
1.
Electrical
2.
Mechanical
3.
Plumbing
4.
Site Work
5.
Identify other
PMI - 1640 Benchmark Avenue, Ft. Myers FL 33905
subcontractors that
represent more than
Preferred Material - 5701 E. Hillsborough Ave.
10% of price or that
Suite 1122 Tampa FL
affect the critical path of
the schedule
Company: Haskins, Inc.
Signature: Date? 2/22/2016
Ryan acPhee, Estimator /Secretary
15
16 -6589 Memorial Pathway on Vanderbilt Drive
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 Reference
1. PLEASE SEE ATTACHED
91
9
4.
5.
14
Company: Haskins, Inc.
Signature:
Date: 2122/2016
Estimator /Secretary
16
16 -6589 Memorial Pathway on Vanderbilt drive
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TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder
further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
IDescriotion). LF SY
1. General Sloping LF 3051
$1.50 $6,864.75
2.
3.
4.
5.
TOTAL$ 6,864.75
Failure to complete the above may result in the Bid being declared non - responsive.
Company: Haskins, Inca
Signature: `f
MacPhee Estimator /Secretary
Date: 2/22/2016
17
16 -6589 Memorial Pathway on Vanderbilt Drive
C0 Ter County
Adrninistratn e Senlices Deparbnent
Proem ement Ser, tcs D'rc,r; r
Immigration Law Affidavit Certification
Solicitation: 16 -6589 Memorial Pathway on Vanderbilt Drive
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to
enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E Verify proaram may deem the Vendor 1
Bidder's proposal as non - responsive
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name Haskins, Inc.
Print Name Ryan MacPhee Title Estimator /Secretary
Signature Date 2/22/2016
State of FLORIDA
county of LEE
The foregoing instrument was signed and acknowledged before me this 22nd day of February
20?6 , by Ryan MacPhee (print or type name) who has produced
rA _ (type of identification and number) as identification.
Notary P blic Signature
Mabel Lago
Printed Name of Notary Public
FF169752/02/13/2019
Notary Commission Number /Expiration
�.. �ar n� , MABEL LAGO
Notary Public - State of Florida
My Comm. Expires Feb 13, 2019
Commission # FF 169752
Bonded through National Notary Assn.
The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
18
16 -6569 Memorial Pathway on Vanderbilt Drive
Co ier County
Administratlt,e, Services Department
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
I. General Information (provide all information)
I dxNdyer ivame Haskins Inc.
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address 10956 Enterprise Avenue City Bonita Springs
State Florida
Zip 34135
Telephone
FAX
Email
Order Information Remit / Payment Information
Address 10956 Enterprise Avenue Address 10956 Enterprise Avenue
city Bonita Sprngs State Florida Zip 34135 City Bonita Springs
State Florida Zip 34135
FAX 239.947 -3857 FAX 239- 947 -3657
Email rmacphee ®haskinsinc.net Email rmacphee @haskinsinc.net
2. Company Status (check only one)
_Tax Exempt (Federal income tax - exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
D = Disregarded Entity, C = Corporation. P =
3. Taxpayer Identification Number (for fax reporting purposes only)
Federal Tax Identification Number (TIN) 59- 1844470
who do not have a TIN, will be required to
4. Sign and Date Form
to an award of the
Certification: Under penalties of perjury, t certify that the information shown on this form is correct to my knowledge.
Signature
R
Date 2/22/2018
a MacPh e
Title Estimator/Secretaly Phone Number 239 -947 -1846
19
16 -6589 Memorial Pathway on Vanderbilt Drive
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 five
(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 Two
Hundred Ten (210) 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 FLORIDA
County of LEE
Ryan MacPhee, Estimator /Secretary of Haskins, Inc. 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.
Ryan MacPhee, Estimator /Secretary of Haskins, Inc.
examined and carefully prepared its Bid from the
and Specifications and has checked the same in
contained herein are true and correct.
(a) Corporation
, also deposes and says that it has
Bidding Documents, including the Contract Drawings
detail before submitting this Bid; that the statements
The Bidder is a corporation organized and existing under the laws of the State of Florida
which operates under the legal name of Haskins, Inc, and
the full names of its officers are as follows:
President Harlan Haskins
Secretary Ryan MacPhee
Treasurer Kathleen Haskins
Manager/CEO Ben Elwell
20
16 -6589 Memorial Pathway on Vanderbilt Drive
The Ryan MacPhee, Estimator /Secretary of Haskins, Inc. is authorized to sign construction bids and contracts for
the company by action of its Board of Directors taken 2l22/2016
copy of which is hereto attached (strike out this last sentence if not applicable). a certified
(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 and if operating
Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous
page.
DATED 2/22/2016
Haskins, Inc.
legal entity
BY: Ryan MacPhee
Name of Bidder (Typed)
Sig ture
Estimator /Secretary
Title
16 -6589 Memorial Pathway on Vanderbilt Drive
STATE OF FLORIDA
COUNTY OF LEE �1
The f oing instj(u ent s acknowledged before me this W C av f 20 �'
NL a , by
of
corporation. He/she is personally known to me or has produced _ corporation�oylehaif of the
Ica ton and dam!' (did not) take an oath.
My Commission Expires:
(Signatu a of Notary)
�`'PA ous, MAKE! lAGO
;,• .`��� Notary Public - 5tate of Florida
=i +'zz My Comm. Expires Feb 13, NAME: v
• V 20t9
1!O Commission # FF169752 (Legibly Print
" °° �" ,
Branded through National Notary Assn.
f
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:(OgOq —�7�
16 -6589 Memorial Pathway on Vanderbilt Drive
KNOW ALL MEN BY THESE PRESENTS, that we Haskins, Inc.
Western Surety Company (herein after called the Principal) and
(herein called the Surety), a corporation chartered and existing under the laws of the
State of South Dakota with its principal offices in the city of Chicago
and authorized to do business in the State of Florida are held and
firmly bound unto the Collier County
(hereinafter called the Owner) in the - full and just sum of
FIVE Percent of amount bid 5% amount bid
good and lawful money of the United States of America, tllobespaid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Memorial Pathway on Vanderbilt Drive
Bid No. 16 -6589
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 $ 1,742 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.
23
16-6589 Memorial Pathway on Vanderbilt Drive
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to "be
duly signed and sealed this 22nd day of February 16
20
Haskins, Inc.
'Prim
BY
r,
es n Suety ompany
C'
;--� SUrety'
aul A Locascio, Attomey -in- act & i—ullavd Resi ent Agent
GS, a
Countersigned NIA J t �;y
Local Resident Producing Agent for NIA
16 -6589 Memorial Pathway on Vanderbilt Drive
Western Surety Company
POWER OF ATTORNEY APPOINT tG INDIVIDUAL ATTORNEY -IN -FACT
Know All Aden By These Presents, That WESTERN SURETY COWANy. a South Dakota corporation, is
office a duly organized and existing corporation
having its principal oce in the City of Sioux Fails, and State of South Dakota, and that it does by virtue of the signahrre and seal herein affixed hereby
make, constitute and appoint
L. Dale Waldorff, Benjamin H French, Pamela L. Jarman, Paul A Locascio, x Wayne
Walker, Rebekah G Wolf, Clyde D Hare, Individually
Of Fort Walton Beach. FL, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as tblly and to tire same extent as if such Instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
file shareholders of the corporation.
In Witness whereor, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 29th day of December, 2015.
suaerr WESTERN SURETY COMPANY
n
• tp�� p
't'.'C AV, .i
Slate of South Dakota
aul T. BniAat Vice President
County of Minnehaha ss
lie On this 29th day of December. 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn; did depose and say; that
resides in the City of Sioux Falls, State of South Dakota;
ex that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that lie signed his name thereto pursuant to lik
acknowledges same to be tie act and deed of said corporation. e authority, and
My commission expires
J. MOHR
June 23, 2021 Jim
CERTIFICATE J. Mohr, Notary public
I. L. Nelson. Assistant Secretary of WESTERN SURETY CONIPAW, do hereby certify that the power of Attorney hereinabove set to
force, and further certify that the By -Laiv of the corporation printed on the reverse hereof is still in force. rth is still in
testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 22nd day of February - 2016
o °za WESTERN SURETY COMPANY
����SeAy JPi
r� ice`
Form F4200-7 -2032
�4L. N.IIM Assistant secretary
THIS SHEETMUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Procurement Division
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Immigration Affidavit completed and the company's E- Verify profile page or
memorandum of understanding
7. Certificate of Authority to Conduct Business in State of Florida and the County's
Substitute W9
8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's
check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Procurement Director
Collier County Government
Procurement Division
3327 Tamiami Trail E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
<*Bid Number; 16 -6589
<*Project Name; Memorial Pathway on Vanderbilt Drive
<*Opening Date; February 22 "d, 2016 @ 3:OOPM
12. The. Bid will be mailed or delivered in time to be received no later than the specified
opening date and time,, otherwise Bid cannot be considered.
13. If submitting a manual bid, include any addenda (initialed and dated noting
understanding and receipt). If submitting bid electronically, bidder will need to
download all related documents on www.colliergov.net/bid. The system will date
and time stamp when the addendum files were downloaded.
ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME
ON THE OUTSIDE OF THE COURIER PACKET
Haskins, Inc. 2/22/2016
Bidder Name Date
Signffure & Title
Ryan MacPhee, Estimator /Secretary
25
16 -6589 Memorial Pathway on Vanderbilt Drive
Coftler County
Administrative Services Department
Procurement Ser ✓ices D wsion
Memorandum
Email: evelyncolon @colliergov.net
Telephone: (239) 252 -2667
FAX: (239) 252 -2810
ADDENDUM 'I
Date: January 20, 2016
From: Evelyn C010n, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 1
Solicitation # and Title 16 -6541
Markers
Roadway Paint, Thermoplastic Markings and Raised
The following correction is issued as an addendum identifying the following change (s) for
the referenced solicitation:
Solicitation for 16 -6589 Memorial Pathway on Vanderbilt Drive was not loaded
correctly; please see the attachment to this Addendum.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Dan Hall, Senior Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Sig
(Name of Firm)
,2:71 -/G
Date
Addendum 1
Coer County
AdminisVatve Services Department
Procurement Ser,ices Division
Memorandum
Email: evelyncolon @colliergov.net
Telephone: (239) 252 -2667
FAX: (239) 252 -2810
ADDENDUM
Date:
February 1, 2016
From:
Evelyn Colon, Procurement Strategist
To:
Interested Bidders
Subject: Addendum # 2
Solicitation # and Title 16 -6541 Roadway Paint, Thermoplastic Markings and Raised
Markers
The following correction is issued as an addendum identifying the following change (s) for
the referenced solicitation:
C Revise Bid Schedule (removed tab 2)
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Dan Hall, Senior Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
z .ZA -/G
Date
(Name of Firm)
Addendum 2
co ,er cou-.ty
Administrative Services Department
Procurensent Services Division
Memorandum
Date: February 12, 2016
Email: evelyncolon @colliergov.net
Telephone: (239) 252 -2667
FAX: (239) 252 -2810
ADDENDUM
From: Evelyn Colon, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 3
Solicitation # and Title 16 -6589 Memorial Pathway on Vanderbilt Drive
The following correction is issued as an addendum identifying the following change (s) for the
referenced solicitation:
• Attachment — Corrected Addendum 1 and 2
• Stormwater Pollution Prevention Plan for KCA Storm Water Treatment Design Plans
Question:
The roadway shoulder paving is calling for SP 12.5 at the same elevation of the roadway paving
which is FC -12.5. Because these are 2 different mixes they would be placed at 2 different times.
The shoulder is only 5' wide. The construction of the asphalt shoulder will be difficult and done with
a 5' wide paver. The correct construction process should be to pave the shoulder and the roadway
at the same time.
Will Collier County change the shoulder pavement requirement from SP 12.5 to FC 12.5 in order
for the contractor to bid and construct the widening and shoulders correctly?
Answer:
Please substitute "Friction Course FC- 12.5" for "Type SP Structural Course" (Plan sheets C -050
and C -051).
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
Addendum 3
c: Dan Half, Senior Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signatur .Z 'Z�-k°
Date
i� ask;,, s inc
ame of Firm)
CAe-r County
Administrative Services Department
Procurement Services Division
Memorandum
Email: evelyncolon @colliergov.net
Telephone: (239) 252 -2667
FAX (239) 252 -2810
ADDENDUM
Date:
February 16, 2016
From:
Evelyn Colon, Procurement Strategist
To:
Interested Bidders
Subject: Addendum # 4
Solicitation # and Title 16 -6589 Memorial Pathway on Vanderbilt Drive
The following correction is issued as an addendum identifying the following change (s) for the
referenced solicitation:
0 Revised Bid Schedule
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Dan Hall, Senior Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature)
(Name of Firm)
9 —.2A - /!s
Date
Addendum 4
Nov 18I 10 10:49a Haskins Inc.
i
239 - 947 -3857 p.3
F.-Verifv Of I'M/
Company ID Number: 367454
To be accepted as a participant in E- Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E- Verify at 888. 464-4218.
Employer Haskins Inc.
i
i
►R{athleen Haskins —1
Name (Piesse Tvx or Print) rritie
pica/ sl n I 0/26/2010
Sign
Department of Homeland Security — Verification Division
IUSCIS Verification Division
Name (Please Tvpe or Print)
11012MI O
Information Required for the E- Verify Program
to your Company:
r Namea aekine Inc.
►ddress 0956 Enterprise Avenue
Bonita Sorinas. FL 34135
i
Company Alternate
Address:
I
1
County or Parish: ;LEE
i Employer Identification I-
N umber. 59184"70
Page 12 of 13 I E Verify MOU for Employer l Revision Date 09/01109 www.dho.gov/E-Verity
I
Nc U 10 10A9a Haskins Inc. 239 - 947 -3857
i
I
I E-V6rif
I
Company ID Number. 367454
I
i
p.4
Y
FLORIDA
1 site(s)
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems:
Name: Kathieee Haskius
Telephone Number: (239) 947 -1846 Fax Nuunber. (239) 947 -3857
E-mail Address: harkaboutb®aoLoom
Page 13 of 131 E- Verffy MOU for Employer i Revision Date 09/01/09
www.dhe.gov /E- Verify
North American Industry
i Classification Systems
i Code:
Administrator.
i
Number of Employees:
20 to 99
i
Number of Sites Verified
for
e you verifying for more than I site? if yes, please provide the number of sites verified for
in each State:
FLORIDA
1 site(s)
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems:
Name: Kathieee Haskius
Telephone Number: (239) 947 -1846 Fax Nuunber. (239) 947 -3857
E-mail Address: harkaboutb®aoLoom
Page 13 of 131 E- Verffy MOU for Employer i Revision Date 09/01/09
www.dhe.gov /E- Verify
Nov 11 10 10:49a Haskins Inc.
239 - 947 -3857 p•2
Coer ca,lay
Adr I nIgrative Servloes Division
Purdhasirig
Immigration Law Affidavit Certification
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid OTS's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the
tir a of the submission of the vendor'slbidder'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. FailuMtto include this Affidavit and acceptable evidence of enrollment
IwIMa C_l /a�iia wwnn�aw QhsO .lssw •hn Van.inw / Riel.le�s nMrfnes! s4 nAna�eneutiva_
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alyen workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
27,4A(e) of the Immigration and Nationality Act ( "INK).
Cglller County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of Pe 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.
Vgndor 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 )he time of submission of the Vendor's / Sliders proposal.
Company Name ,*S 4 C.
Print Name d F-k— Title !ZZ Itp AMC
Signature — Date
state of �
County of ��
The foregoing Instrument was signed and acknowledged before me this __day of /Ya✓
2Q�/A by
who has produced N1/' as identification.
- (Type of Iderntification and Number)
»oanr fWA@ - NOW of FWA.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy i
of this affidavit to interrogatories hereinafter made.
Nov 18I 10 10:48a Haskins Inc. 239 - 947 -3857 p.1
I
L•IfGtiR7,Gh0f1
!�li &jjYltlQ3,-1 $4133
�H. (2339)947 -9846 FA3t(239 )947 -3857
November 18, 2010
Mr. Stephen Y. Carneil, Director
Purchasing/General Services
Collier County Purchasing Department
Attention: E- Verify
Sent Via Fax #732 -0844
Dear Mr. Carvell:
Attached hereto per your request dated 10/15/10, please find our Immigration Law
Affidavit Certification and our E Verify Company Profile page, which was also submitted
with Bid No. 10 -5596 SRO Welifield Raw Water Transmission Repair, Phase I.
XK2thleen Haskins
Vice President
Attachments
ACQRO®
��- CERTIFICATE OF LIABILITY INSURANCE
(M MIDD/YYYY)
6/30/2015 DATE DATE M
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements).
PRODUCER
Brown & Brown of FL; Inc. -Fort MyersI�E
3820 Colonial Boulevard
Suite 200
CONT CT Stephanie Wilkinson
rq. 239- 274 -1430 FAX 239- 278 -5306
EMAIL swilkinson@bbfcmyers.com
INSURER(S) AFFORDING COVERAGE
NAIC M
Fort Myers FL 33966
INSURERA:National Trust Ins Co'
20141
7/112015
INSURED
INSURERB:FCCI INS CO
10178
Haskins, Inc.
H &K Equipment Sales & Rentals, Inc.
10956 Enterprise Ave.
INSURER c:FCCI Commercial Insurance Co'
33472
INSURER D:
MED EXP (Any one person )
INSURER E:
Bonita Springs FL 34135
INSURER F:
COVERAGES . CFRTIFICOTF NIIMRFR• 1459453055 RFVISInN NIISMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
I TYPE OF INSURANCE
I D
POLICY NUMBER
POLICY EFF
MMI
POLICY EXP
M
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X❑ OCCUR
GL00056589
7/112015
7/1/2016
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTEff'
PREMISES Ea occurrence
$100,000
MED EXP (Any one person )
$6,000
PERSONAL & ADV INJURY
$1,000,000
AGGREGATE LIMIT APPLIES PER:
PRO-
POLICY a CT ❑X LOC
GENERAL AGGREGATE
$2,000,000
GEN'L
X
PRODUCTS - COMP/OP AGG
$2,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
CA000474912
7/1/2015
7/1/2016
Ea accident)
$1,000,000
BODILY INJURY (Per person)
$
X
ANY AUTO
AUTOS vED AUTOSLED
HIRED AUTOS NON -OWNED
AUTOS
BODILY INJURY (Per accident)
$
Per accident
$
Personal injury
$10,000
A
X
UMBRELLA LIM
X
OCCUR
UMB00067468
7/1/2015
7/1/2018
EACH OCCURRENCE
$2,000,000
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DIED I X I RETENTION $10,000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
PROPRIETOR/PARTNER/EXECUTIVE a
OANY EXCLUDEpj
NIA
54191
7/1/2015
7/1/2016
X TA H-
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYE
$1,000,000
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$1,000,000
C
Leased/Rented Equipment
CM00031689
7/1/2015
7/1/2016
Leased/Rented Equip $500,000
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Y more apace Is required)
For any and all worked performed on behalf of Collier County, Collier County Board of County Commissioners are Additional Insured's with
regards to the General Liability coverage shown above, for work performed by the named insured as required by written contract. A Waiver
of Subrogation is included for the General Liability coverage.
Collier County Board of County Commissioners
3327 Tamiami Trail East
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
®1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
( "Owner ") hereby contracts with Haskins, Inc. ( "Contractor ") of 10956 Enterprise Avenue,
Bonita Springs, Florida 34135, a corporation, authorized to do business in the State of Florida,
to perform all work ( "Work ") in connection with Memorial Pathway on Vanderbilt Drive, Bid No.
16 -6589 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by The
Collier County Growth Management Division, the Engineer and /or Architect of Record ( "Design
Professional') and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a
part of this Agreement (all of said documents including the Agreement sometimes being referred
to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as
the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the
Project site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents
and the appropriate number of sets of the Construction Documents, signed and sealed by the
Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and workmanlike
manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount'), in accordance with the terms of
this Agreement: Two Million Three Hundred Forty -One Thousand Forty -Four Dollars and
Twenty Two Cents ($2,341,044.22).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by
Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to Owner; provided, however,
the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
26
16 -6589 Memorial Pathway on Vanderbilt Drive
LIS11
Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www.fms.treas.aovjfc570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification
of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar
days thereafter, substitute at its cost and expense another bond and surety, both of which shall
be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve
Substantial Completion within Two Hundred Ten (210) 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, One Thousand Seven Hundred Forty Two Dollars ($1,742.00) for each
calendar day thereafter until Substantial Completion is achieved. Further, in the event
Substantial Completion is reached, but the Contractor fails to reach Final Completion within the
required time period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve Final
Completion. The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial
Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes
any right which it may have to seek to characterize the above noted liquidated damages as a
penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally Complete the
Work within the required time periods.
27
16 -6589 Memorial Pathway on Vanderbilt Drive
Eel,
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 part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents.
Owner's recovery of any delay related damages under this Agreement through the liquidated
damages does not preclude Owner from recovering from Contractor any other non -delay related
damages that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be incorporated by
reference and made a part of this Agreement for Solicitation 16 -6589 Memorial Pathway on
Vanderbilt Drive.
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
28
16 -6589 Memorial Pathway on Vanderbilt Drive
G
Exhibit D: Contractor Application for Payment Form
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details (if applicable)
Exhibit M: Plans and Specifications prepared by The Collier County Growth
Management Division, Daniel G. Hall
and identified as follows: Contract Plans
as shown on Plan Sheets 1 through 63.
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:
Daniel G. Hall, Senior Project Manager
Collier County Growth Management Department
Transportation Engineering Division
2885 South Horseshoe Drive
Naples, Florida 34104
Tel: 239 - 252 -6077
Fax: 239 - 252 -5868
Email: danielhall(a-)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:
Haskins, Inc.
10956 Enterprise Avenue
Bonita Springs, Florida 34135
Attn: Harlan Haskins, President
Tel: 239 - 947 -1846
Fax: 239 - 941 -3857
Attn: Ryan MacPhee, Estimator
Email: rmacpheena haskinsinc net
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.
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16 -6589 Memorial Pathway on Vanderbilt Drive
C-1)
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(x) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement
Each of the parties hereto agrees and represents that the Agreement comprises the full and
entire agreement between the parties affecting the Work contemplated, and no other agreement
or understanding of any nature concerning the same has been entered into or will be
recognized, and that all negotiations, acts, work performed, or payments made prior to the
execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
16 -6589 Memorial Pathway on Vanderbilt Drive
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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 ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract
Documents including the Owner's Board approved Executive Summary cannot be resolved by
application of the Supplemental Conditions, if any, or the Construction Agreement and the
General Terms and Conditions, the conflict shall be resolved by imposing the more strict or
costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
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G
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
FIRST WITNESS By:
Print Name
SECOND WITNESS
Print Name
Date:
ATTEST:
Dwight E. Brock, Clerk
BY:
Approved as to Form and Leg
Assistant County Attorney
Print Name
CONTRACTOR:
Haskins, Inc.
Print Name and Title Date
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
go
Donna Fiala Date
Chairman
32
16 -6589 Memorial Pathway on Vanderbilt Drive
EXHIBIT A 1: PUBLIC PAYMENT BOND
Memorial Pathway on Vanderbilt Drive
KNOW ALL MEN BY THESE PRESENTS: That
located at _
Address) are held
f
ana rlrmly bound to
Bond No.
Contract No. 16 -6589
as
Principal, and
as Surety,
(Business
as Obligee in the
sum o ($_ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly
signed by its under - signed representative, pursuant to authority of its governing body.
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16 -6589 Memorial Pathway on Vanderbilt Drive
r��
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
BY:
NAME:
ITS:
PRINCIPAL
The foregoing instrument was acknowledged before me this day of
by I as
, a
corporation. He /she is personally known
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
20
of
corporation, on behalf of the
to me OR has produced as
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
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16 -6589 Memorial Pathway on Vanderbilt Drive
G
Witnesses
STATE OF
COUNTY OF
The foregoing
•N
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
instrument was acknowledged before me this day of
20 , by , as
of Surety, on
behalf of Surety. He /She is personally known to me OR has roduced
oath,
My Commission Expires:
(AFFIX OFFICIAL SEAL)
V
as identification and who did (did not) take an
Name:
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
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16 -6589 Memorial Pathway on Vanderbilt Drive
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r.
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Memorial Pathway on Vanderbilt Drive
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Surety,
(Business Address) are held and
Bond No.
Contract No. 16 -6589
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
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee
sustains because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, then this bond is void; otherwise it remains in full force. Any
changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of
time, alterations or additions to the terms of the Contract or other work to be performed
hereunder, or the specifications referred to therein shall in anywise affect its obligations under
this bond, and it does hereby waive notice of any such changes, extensions of time, alterations
or additions to the terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
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16 -6589 Memorial Pathway on Vanderbilt Drive
�.J
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
The foregoing instrument was acknowledged before me this
20 1 by
of
corporation, on behalf of the corporation
known to me OR has produced
identification and did (did not) take an oath.
day of
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
as
a
He /she is personally
as
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16 -6589 Memorial Pathway on Vanderbilt Drive
G-lAo�
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
20 by as of
a Surety, on behalf of
Surety. He /She is personally known to me OR has produced
My Commission Expires: as identification and who did (did not) take an oath.
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
16 -6589 Memorial Pathway on Vanderbilt Drive
CAO
EXHIBIT B: INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall
Procure and maintain property insurance upon the entire project, if required, to the full insurable value of the
scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate
Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in
their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County ", or, the specific solicitation number and title.
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 Certificates
of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of 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(sl 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 coverages required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage, 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
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16 -6589 Memorial Pathway on Vanderbilt Drive
CA
Agreement or any other agreement between the County and Vendor. The County shall be under no obligation
to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverages shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than
ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County
with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
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16 -6589 Memorial Pathway on Vanderbilt Drive
0
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1.000.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1.000.000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability
ISO form and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and
Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor /Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non-
owned /Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
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16 -6589 Memorial Pathway on Vanderbilt Drive
0-21\0
❑ Valuable Papers Insurance $ Per Occurrence
❑ Employee Dishonesty / Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ® Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A= or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
RLA 1/14/2016
dor'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
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+, 1
;� :Oi:y
COUNTY OF COLLIER EXHIBIT C: RELEASE AND AFFIDAVIT FORM
)
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared _
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
( "Contractor") releases and waives for itself and its subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 1 20 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No.
Witnesses
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
resident
The foregoing instrument was acknowledged before me this day of 20
as of
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.:
, by
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CA
This page is intentionally left blank.
44
#16 -6589 Memorial Pathway Vanderbilt Dr.
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
Payment, Schedule of Values and Stored Materials Record applications are available for
download at: http://purchasing.collier_qov.net/Forms/Forms/Allitems.aspx
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EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http : / /bccsp01 /SiteDirectory /ASD /Purchasing /Formsl /Forms /Default aspx
Change Order Form
Contract#: Changes PurchaseOrderd: project
ContractorlFirrn Name Project Name:
Project Manager Name Department:
original Cort racbWork Orde Amount
original BCC Approval Date, Agenda Item a
Current BCC Approved Amount
test BCC Approval Date, Agends Items
Current Conlract-W ork Order Amount
SAP Contract Expiration Date I fvlsster�
Dollar Amount of this Change
aDIV10!
Total Change from Original Amount
RevisedContractV /odr Order Total
=DIV/O!
Change from Cur(ent BCC Approved Amount
CumutativeChan s
±:--:::g-00
=DIV10! I
Change from C Lrrent Amount
Completion Date. Description of the Tasks) Change and Rationale for the Change
Datice to Pro Original Last Approved Revised Date
Date Completion Da Date Revised Date
R of Days Added SeleatTasks O Add new taskls) ❑ Delete tasks) 0 Changetask(s) 0 Other ,see Dens.
Provide a response to the following: t.)detailed and specific explanationhationale of the requestedchange(s) to the tasks) and / or
the additional days added (if requested)' 2.)whythis change was not included in the original contract: and 3.) describe the impact if
this change is not processed. Attach additional information from trF no — P —r -- .
Prepared by:
(Project blarsger Name and Department)
Date:
Acceptarce of this Change Order shall constitute a modification to contract :work order identified above and will be sub)ect to an t re same
terms and cortdkk s as contained in the coruact ! work order indicated above, as fukyas if the same were stated in this acoeptar. The
adjustment. if any, to the Contract shall constit6le a full and final settlement of any and all c Iaims of the Contractor i Vendorr Consce, T i
Design Professional arts mg out of or related to the change set forth herein, includirg claims for impact and delay costs.
Accepted by: Date:
(Contractor: Vendor; Corsuhant: DesgnProfessgnalandN eofFirm. dPmop- tapplcable)
Approved by: Date:
( Desgr Profess oral and Name of Firm, A proAct applicable;
Approved by: Date:
(Procurement Processional
13• 'J'? 3]]7 ?^3 _ :I'37_ i< T3,
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EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL. and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities. insurance and warranties shall be as follows:
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16 -6589 Memorial Pathway on Vanderbilt Drive
0
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
By:
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
By:
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
By:
OWNER
I ype Name and Title
20
20
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16 -6589 Memorial Pathway on Vanderbilt Drive
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: _
Contractor:
The following items have been secured by the
for the Project known as
Date: 20
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
All Punch List items completed on
Warranties and Guarantees assigned to Owner (attach to this form).
Effective date of General one year warranty from Contractor is:
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
As -Built drawings obtained and dated:
Owner personnel trained on system and equipment operation.
Certificate of Occupancy No.:
issued on (attach to this form).
Certificate of Substantial Completion issued on
Final Payment Application and Affidavits received from Contractor on:
Consent of Surety received on
Operating Department personnel notified Project is in operating phase
All Spare Parts or Special Tools provided to Owner:
Finished Floor Elevation Certificate provided to Owner:
Other:
If any of the above is not applicable, indicate by N /A.
explanation.
Acknowledgments:
By Contractor:
By Design
Professional:
By Owner:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third
pr ti 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;
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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; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work: and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and. if they differ materially and cause an increase or decrease in
Contractor's cost of. or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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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 provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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Contractor shall submit all Applications for Payment to Daniel G. Hall, Growth
Management Division, located at 2885 South Horseshoe Drive Naples, Florida 34104.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 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 Procurement Division 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.
4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly
payment request or ten percent (10 %) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's purchasing ordinance and policies.
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4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 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 Owners sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
4.10 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4.12 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. The
County may not accept any additional surcharges (credit card transaction fees) as a
result of using the County's credit card for transactions relating to this solicitation
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
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NOR
inspections that reveal non - compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure 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 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non - liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
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 association with a contract.
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
Procurement Division and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
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
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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 anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
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,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
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substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
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 thereby.
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.
8. DAILY REPORTS, SIGNED AND SEALED 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:
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;
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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.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The "As-
Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As- Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
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, pursuant to Florida Public Records Law
Chapter 119, including specifically those contractual requirements in F. S. §
119.0701(2(x) — (d) and (3) as follows:
(2) In addition to other contract requirements provided by law, each public
agency contract for services must include a provision that requires the
contractor to comply with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a
cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
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(d) Meet all requirements for retaining public records and transfer, at no
cost. to the public agency all public records in possession of the
contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must
be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a contractor does not comply with a public records request. the public agency
shall enforce the contract provisions in accordance with the contract.
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 delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
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 forty -eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
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 any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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.
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9
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 any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
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 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10 %) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all
Subcontractors' and sub - subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15 %). All compensation due Contractor and any Subcontractor or sub -
subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub - Contractor's bond costs associated with any change order
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.
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c. An
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 ordinance and policies and Administrative Procedures in effect at the time
such modifications are authorized.
11. CLAIMS AND DISPUTES.
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 pendency 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 utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty -eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty -eight (48) hour notice, the
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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 properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
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, any statutory or
regulatory violations, 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.
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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, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
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 seg. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws
of the United States and to employ only individuals who are eligible to work in the
United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet -based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
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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 Procurement Division an executed affidavit certifying they shall comply with the
E- Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder /Vendor does not comply 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: / /www.dhs.gov /E- Verify. It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
Vendor acknowledges. and without exception or stipulation, any firm(s) receiving an
award shall be fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended and with the provisions contained within this
affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or
the provisions of this affidavit shall constitute a breach of the award agreement and the
County shall have the discretion to unilaterally terminate said agreement immediately.
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,
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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 permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits. Owner will not be obligated to pay for any permits obtained by Subcontractors.
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 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
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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 any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
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 therefore 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 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 giving
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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 any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however. if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
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 Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete. Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch -list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials,
supplies, and equipment.
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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 approve 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 material men supplying
materials. equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work. without prior notice
to Contractor. at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
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
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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 jurisdiction over the Project requires any portion of the Work
to be specifically inspected. tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
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.
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
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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, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and /or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
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 obligating 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 reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
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Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
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. Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
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 Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project:
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
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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 project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B. 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 immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re- establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
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 forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
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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.
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 of, 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
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shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees "), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
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28.5.9 At all times. Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
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 any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre- construction conference) as may be directed by the Project
Manager.
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, #5807, incorporated herein by
reference. Copies are available through Risk Management and /or Procurement
Divisions, 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.
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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, 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 design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
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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 solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness. acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 2013 -69,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self - performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
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 log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner. all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third -party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
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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 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
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34.1.3
Shop Drawing Submittal /Approval Logs
34.1.4
Equipment Purchase /Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost - Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As- Built' Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board ", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
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.
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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 810 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.
38.1 The contractor shall ensure compliance with all NFPA regulations:
specifically 110 & 30 /30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and
780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API
referenced standards pertaining to the storage of hazardous materials and petroleum
products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management
Department ( SHWMD) prior to the installation, removal, or maintenance of any storage
tank, including day tanks for generators, storing / will be storing petroleum products or
hazardous materials. The contractor shall provide a 10 day and 48 hour notice to
SHWMD 239 - 252 -2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems
containing hazardous materials / petroleum products to the SHWMD prior to plans
submittal to a permitting entity and then SHWMD must approve the plans prior to
contractor's submittal for permitting.
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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 County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor 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
Contractor with full decision - making authority and by Owner's staff person or designee
who would make the presentation of any settlement reached at mediation to Owner's
Board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
and titled: Supplemental Terms and Conditions
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EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
and titled: N/A
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EXHIBIT K: PERMITS
Supporting documents found at: http: / /bid.colliergov.net/bid/
and titled: Permits
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EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http: / /bid.colliergov.net/bid/
and titled: N/A
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EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
and titled: Contract Plans and Stormwater Treatment Plans
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EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Greg Menuez & Brandy Lee
Ben Elwell & Ryan MacPhee
Personnel Category
Construction Superintendent
Project Manager
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