Agenda 03/28/2017 Item #16A1703/28/2017
EXECUTIVE SUMMARY
Recommendation to approve the award of Request for Proposal No. 16-6663, “Roadway
Contractors,” to Preferred Materials, Inc., Ajax Paving Industries of Florida, LLC, Bonness, Inc.
and Wright Construction Group.
_____________________________________________________________________________________
OBJECTIVE: To provide as-needed road, intersection, turn lane, sidewalk, pathway, drainage and
roadway infrastructure improvements for multiple County divisions.
CONSIDERATIONS: Historically, staff from Coastal Zone, Parks and Recreation, Public Utilities and
Transportation Engineering has used the predecessor contracts for on -call maintenance of intersections
and road improvements, turn lanes, sidewalks, pathways and other concrete and asphalt repair and
emergency work throughout the county.
The County advertised RFP No. 16-6663 Roadway Contractors on August 4, 2016, and emailed two
thousand sixty (2060) notices, forty-one (41) vendors downloaded specifications and seven (7) proposals
were received by the August 25, 2016 due date. A selection committee meeting was held on September
29, 2016, and by consensus the committee ranked the proposals as follows:
Name of Firm Selection Committee Final Rank
Preferred Materials, Inc. 1
Ajax Paving Industries of Florida, LLC 2
Bonness, Inc. 3
Wright Construction Group 4
Quality Enterprises 5
Coastal Concrete Products 6
OHL Community Asphalt 7
The selection committee recommends the top four firms be awarded a contract. The procedure for
obtaining Work Orders was slightly modified from the language in the solicitation to ensure competitive
quotes are obtained on projects with a value of $50,000.00 or less. Under the terms of the attached
Agreement, quotations will be obtained from all vendors under contract for projects with a value of
$200,000 or less. This modification was agreed upon by all the selected contractors and did not
adversely affect the competitive solicitation of this RFP.
FISCAL IMPACT: The fiscal impact of these contract awards will depend on budgeting levels for each
using division to complete identified improvements.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.-SRT
RECOMMENDATION: To approve the award of RFP No. 16-6663, “Roadway Contractors,” to
Preferred Materials, Inc., Ajax Paving Industries of Florida, LLC, Bonness, Inc. and Wright Construction
Group., and authorize the Chair to execute the attached contracts for all four (4) firms.
Prepared by: Mark McCleary P.E., P.S.M., Principal Project Manager, Transportation Engineering
03/28/2017
Division
ATTACHMENT(S)
1. 16-6663 Roadway Contractors_Solicitation (PDF)
2. 16-6663 Final Ranking (PDF)
3. 16-6663 Ajax_Contract_Vendor_Rev2 (PDF)
4. 16-6663 Bonness_Contract_Vendor_Rev2 (PDF)
5. 16-6663 Preferred_Contract_Vendor_Rev2 (PDF)
6. 16-6663 Wright_Contract_Vendor_Rev2 (PDF)
7. NORA__Notice of Recommended Award v6 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 2632
Item Summary: Recommendation to approve the award of Request for Proposal No. 16-6663,
“Roadway Contractors,” to Preferred Materials, Inc., Ajax Paving Industries of Florida, LLC, Bonness,
Inc. and Wright Construction Group.
Meeting Date: 03/28/2017
Prepared by:
Title: Project Manager – Transportation Engineering
Name: Mark McCleary
01/31/2017 8:54 AM
Submitted by:
Title: Department Head- Growth Management Dept – Growth Management Department
Name: David Wilkison
01/31/2017 8:54 AM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 01/31/2017 11:15 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 01/31/2017 11:19 AM
Procurement Services Allison Kearns Additional Reviewer Completed 02/01/2017 11:51 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/02/2017 2:51 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/03/2017 9:44 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/06/2017 9:03 AM
Procurement Services Evelyn Colon Additional Reviewer Completed 02/09/2017 4:03 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 02/14/2017 9:37 AM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 02/14/2017 10:55 AM
Procurement Services Ted Coyman Additional Reviewer Completed 02/22/2017 5:51 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/27/2017 1:44 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2017 3:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/01/2017 8:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2017 11:17 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/06/2017 11:55 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/06/2017 2:08 PM
03/28/2017
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
REQUEST FOR PROPOSAL
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 16-6663 Roadway Contractors
Evelyn Colon, Procurement Strategist
239-252-2667 (Telephone)
239-252-2810 (Fax)
evelyncolon@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Table of Contents
LEGAL NOTICE .................................................................................................................................................................. 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .........................................................................................................................10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................14
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................18
ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................28
ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................29
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................30
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................31
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................33
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................34
ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................35
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................36
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................................................38
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Legal Notice
Sealed Proposals to provide Roadway Construction Services will be received until 3:00PM Naples
local time, on August 25, 2016 at the Collier County Government, Procurement Services Division,
3327 Tamiami Trail E, Naples, FL 34112.
Solicitation
16-6663 Roadway Contractors
Services to be provided may include, but not be limited to the following: Roadway Construction Services.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Allison Kearns
Interim Director, Procurement Services
This Public Notice was posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G",
Collier County Government Center on August 4, 2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Department (hereinafter, the “Department”),
the Collier County Board of County Commissioners Procurement Services Division (hereinafter,
“County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining
proposals from interested and qualified Contractor(s) in accordance with the terms, conditions and
specifications stated or attached. Each Contractor, at a minimum, must achieve the requirements of
the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance.
Detailed Scope of Work
Collier County is seeking the services of three or more Roadway Contractors licensed in the State
of Florida, to provide complete construction services. These services shall include roadway
installation, and not be limited to, the following:
1. The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case-by case-basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Selected Contractor(s) will be responsible for providing complete construction services for a
wide range of projects that may be required by any of the Collier County Departments. The
Selected Contractor(s) shall be responsible for knowledge of and compliance with all relative local,
state and federal codes and regulations.
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The Selected Contractor(s) shall provide the County with a one (1) year warranty for all work
performed. This warranty will not go into effect until the project has been completed to the
County’s total satisfaction.
The procedure to be followed is outlined below:
For projects with a value of $50,000 (or current County bidding threshold) or less is
outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that
ensures a relatively even distribution of work.
2. Contractor shall respond with the information and/or proposal sought within seven (7) business
days.
3. Issuance by Owner of a Purchase Order.
For projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractor shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work
4. Issuance by Owner of a Purchase Order.
For projects with a value up to $200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the awarded firms. The written quotes may be
obtained electronically via the On-Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specified by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and
shall be provided within ten (10) business days after notification of award.
5. Certification of Final Completion required by County in order for contractor to receive final
payment.
Projects exceeding the $750,000 threshold will be formally bid.
If an awarded contractor does not participate in the quoting process three (3) consecutive times,
the contractor may be prohibited from participating in the quoting process for six months and
possible contract termination.
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Term of Contract
The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1) two
(2) year renewal option.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event Date
Issue Solicitation Notice August 4, 2016
Last Date for Receipt of Written Questions August 15, 2016 @ 3:00PM
Addendum Issued Resulting from Written Questions August 18, 2016
Solicitation Deadline Date and Time August 25, 2016 @ 3:00PM
Anticipated Evaluation of Submittals September 2016
Anticipated Completion of Contract Negotiations September 2016
Anticipated Board of County Commissioner’s Contract Approval Date October 2016
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor’s approach and ability to meet the County’s needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
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of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP.
2. Tab II, Proposer’s Credentials, Previous Performance and Project Understanding (Maximum
30 Points/Maximum 20 Pages):
In this tab, include:
Proposers shall provide, in detail, their credentials for providing Roadway Contracting Services
and any information which documents successful and reliable experience in past performance,
especially those performances related to the requirements of this solicitation. Include a
description of the Proposer’s business history and number of years in operation. Related
project experience shall be restricted to those assignments undertaken within the last five (5)
years. Include a list of projects that were performed in the County’s roadways. Higher points
will be given to those Proposers who demonstrate a current work history of
maintaining/constructing County/State arterial roadways and experience in Maintenance of
Traffic (MOT). Provide a narrative of the Proposer understanding of the overall intent of the
services. Identify any issues or concerns of significance that may be appropriate.
Should subcontractor(s) be listed as a part of the project team, the Proposer shall provide a
letter from each subcontractor that indicates the subcontractor’s intent to be a part of the
project team. Proposals submitted without the referenced letter(s) may result in the
subcontractor’s qualifications being eliminated from the review process.
Proposer’s ability to provide a complete proposal will be considered representative of the firm’s
responsiveness. Points will be deducted under this item for failure to submit all information as
requested in this RFP.
3. Tab III, Staff/Subcontractors Credentials (Maximum 20 Points/Maximum 15 Pages):
In this tab, include:
• Description of the proposed contract team and the role to be played by each member of
the proposed team.
• Detailed plan of approach.
• The Proposer shall include the name, title, address and telephone number of persons who
will both manage and be assigned to perform services under the proposal. Brief
Biographies: A brief one (1) page bio, including references, detailing educational
qualifications and previous work assignments related to this RFP for each person who will
perform the services required shall be included. Failure to do so may be cause for
rejection of the proposal. Credentials will be subject to verification. In the event there
should be a change in the person(s) names assigned to perform the services under this
contract, the Contractor shall submit, for approval to the County, the credentials and
resumes of the person(s) the Contractor wishes to perform the services under this
Contract.
4. Tab IV, Corporate Experience and Capacity Current Workload (Maximum 30 Points/Maximum
10 Pages):
In this tab, include:
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• Provide information that documents your firm’s and subcontractors’ qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services.
• Describe the various team members’ successful experience in working with one
another on previous projects.
• List Current Projects in the Format Identified Below
Project Description Start Date End Date Original
Budget
Final Project
Cost
Number of
Change Orders
5. Tab V, References (10 points)
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor’s information provided in this area:
• The County shall total each of the vendor’s five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor’s number of points will be divided by the highest vendor’s points
which will then be multiplied by criteria points to determine the vendor’s points awarded.
Each subsequent vendor’s point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name Vendor Total Reference
Score Points Awarded
Vendor ABC 445 10
Vendor DEF 435 9.76
Vendor GHI 425 9.55
Vendor JKL 385 8.65
Vendor MNO 385 8.65
Vendor PQR 250 5.62
Note: Sample chart reflects a 20 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor’s proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
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6. Tab VIl, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result
in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
7. Tab VIIl, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Procurement Services Division Online
Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only
official answer or position of the County will be the one stated on the Collier County Procurement
Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”,
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the
Procurement Services Division.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, Naples local time, on or before August 25, 2016
@ 3:00PM to:
Collier County Government
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
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Attn: Evelyn Colon, Procurement Strategist
The County does not bear the responsibility for proposals delivered to the Procurement
Services Division past the stated date and/or time indicated, or to an incorrect address by
Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit one (1) paper copy clearly labeled “Master,” and five (5) USB flash drives
or disks (CD’s/DVD’s) with one copy of the proposal on each disk in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Procurement Ordinance.
The County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County’s procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Proposal is issued.
3. Subsequent to the receipt closing date for the proposals, the Procurement professional will
review the proposals received and verify each proposal to determine if it minimally
responds to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement professional
will publicly post prior notice of such meeting(s) in the lobby of the Procurement Services
Division Building and on the County’s Procurement Services Internet site.
5. Prior to the first meeting (Organization Meeting) of the selection committee, the
Procurement professional will post a notice announcing the date, time and place of the
meeting at least three (3) working days prior to the meeting. At the initial organization
meeting, the selection committee members will receive instructions, the submitted
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proposals, and establish the next selection committee meeting date and time. After the
first meeting, the Procurement professional will publically announce all subsequent
committee meeting dates and times. The subsequent meeting dates and times will be
posted with at least one (1) day advanced notice.
6. Selection committee members will independently review and score each proposal based
on the evaluation criteria stated in the request for proposal using the Individual Selection
Committee Score and Rank Form and prepare comments for discussion at the next
meeting. The Individual Selection Committee Score and Rank Form is merely a tool to
assist the selection committee member in their review of the proposals.
7. At the scheduled selection meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materials
presented to each other, and may ask questions of one another. At the conclusion of that
discussion, members of the public will be offered an opportunity (not to exceed three (3)
minutes) to provide comments.
8. At the conclusion of public comments (provided for in number 7), the selection committee
members will individually rank order each proposer. Collier County selection committee
members may consider all the material submitted by the Proposer and other information
Collier County may obtain to determine whether the Proposer is capable of and has a
history of successfully completing projects of this type, including, without limitation,
additional information Collier County may request, clarification of proposer information,
public comments, and/or additional credit information.
9. Once the individual ranking has been completed, the Procurement professional will direct
selection committee members to read their individual ranking publically. The Procurement
professional will record individual rankings on the Final Ranking Sheet which will
mathematically compile into an overall selection committee rank of proposers.
10. In any of the selection committee meeting deliberations, by consensus, members may
request to invite proposers in to clarify their proposals, ask for additional information,
present materials, interview, ask questions, etc. The members may consider any and all
information obtained through this method in formulating their individual ranking and
subsequent selection committee overall ranking and final ranking.
11. The selection committee’s overall rank of firms in order of preference (from highest
beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the
Procurement Strategist. By final consensus, and having used all information presented
(proposal, presentation, references, etc.), the selection committee members will create a
final ranking and staff will subsequently enter into negotiations. Award of the contract is
dependent upon the successful and full execution of a mutually agreed contract, pending
the final approval by the Board of County Commissioners.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
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10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab II, Proposer’s Credentials, Previous Performance and Project
Understanding
30
Tab III, Staff/Subcontractors Credentials 20
Tab IV, Corporate Experience and Capacity Current Workload 30
Tab V, References 10
Local Vendor Preference 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of
issuance.
2. Acceptance and Confirmation
This Purchase Order (including all
documents attached to or referenced
therein) constitutes the entire agreement
between the parties, unless otherwise
specifically noted by the COUNTY on the
face of this Purchase Order. Each delivery
of goods and/or services received by the
COUNTY from VENDOR shall be deemed to
be upon the terms and conditions contained
in this Purchase Order.
No additional terms may be added and
Purchase Order may not be changed except
by written instrument executed by the
COUNTY. VENDOR is deemed to be on
notice that the COUNTY objects to any
additional or different terms and conditions
contained in any acknowledgment, invoice
or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance
or payment for any delivery of goods and/or
services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered
hereunder shall be received subject to the
COUNTY’S inspection and approval and
payment therefore shall not constitute
acceptance. All payments are subject to
adjustment for shortage or rejection. All
defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction
at VENDOR’S expense.
To the extent that a purchase order requires
a series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and/or services provided
early in the term of the Purchase Order are
non-conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must
be suitably packed and prepared to
secure the lowest transportation rates
and to comply with all carrier
regulations. Risk of loss of any goods
sold hereunder shall transfer to the
COUNTY at the time and place of
delivery; provided that risk of loss prior
to actual receipt of the goods by the
COUNTY nonetheless remain with
VENDOR.
b) No charges will be paid by the COUNTY
for packing, crating or cartage unless
otherwise specifically stated in this
Purchase Order. Unless otherwise
provided in Purchase Order, no invoices
shall be issued nor payments made
prior to delivery. Unless freight and
other charges are itemized, any
discount will be taken on the full amount
of invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container
must be consecutively numbered and
marked to show this Purchase Order
number. The container and Purchase
Order numbers must be indicated on bill
of lading. Packing slips must show
Purchase Order number and must be
included on each package of less than
container load (LCL) shipments and/or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR’S expense that is not marked
with Purchase Order numbers.
VENDOR agrees to declare to the
carrier the value of any shipment made
under this Purchase Order and the full
invoice value of such shipment.
d) All invoices must contain the Purchase
Order number and any other specific
information as identified on the
Purchase Order. Discounts of prompt
payment will be computed from the date
of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise
known as the “Local Government
Prompt Payment Act,” and, pursuant to
the Board of County Commissioners
Purchasing Policy.
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5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and/or services is not
a waiver of the COUNTY’S right to insist
upon further compliance with all
specifications.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to
this Purchase Order, and their production
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and/or services, or appropriate or
make use of the COUNTY’S name or other
identifying marks or property without the
prior written consent of the COUNTY’S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and/or services to be
provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY’S use of the goods and/or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
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If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
likely to occur, VENDOR may, at the
COUNTY’S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non-infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non-
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans’
status. Further, VENDOR acknowledges
and without exception or stipulation 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. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and/or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
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b) Failure of the COUNTY to act
immediately in response to a breach of
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and/or Conditions that are
most favorable to the County and/or
provide the greatest protection to the
County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. 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 the Insurance and
Bonding attachment 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.”
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.
Collier County Board of County Commissioners shall be named as the Certificate Holder. 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
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, 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(s) 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 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
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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 coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) 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.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Procurement Ordinance.
4. County’s Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site
during and after each work assignment the Vendor is performing.
5. Vendor Performance Evaluation
The County 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.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The resultant contract(s) may include purchase or work orders issued under one, or any combination
of price methodologies by the County’s project manager:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
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invoices presented, rather, the contractor must perform to the satisfaction of the County’s project
manager before payment for the fixed price contract is authorized.
Time and Materials: the County agrees to pay the contractor for the amount of labor time spent
by the contractor's employees and subcontractors to perform the work (number of hours times
hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor,
materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation
price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price
and the number of units received (no contractor inventory or cost verification required).
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus
assets, including materials, supplies, and equipment associated with the scope or work.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional – payment by check, wire transfer or other cash equivalent.
• Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
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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. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
“Additional Cash Discount.”
Upon execution of the Contract and completion of each month’s work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
Payments will be made for articles and/or 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.
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.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This
provision is non-negotiable by any department and/or Vendor.
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.
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9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain “active” in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-
2477.
10. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated at
any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the
Board’s Procurement Ordinance.
13. 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 Proposal.
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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 Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, 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.
14. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public
agency to perform the service. If the Contractor transfers all public records to the public
agency upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency’s custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
15. 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.html) 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
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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.
16. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
17. Survivability
Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond
the expiration date of Solicitation 16-6663 Roadway Contractors will survive and remain subject to
the terms and conditions of that Agreement until the completion or termination of this Work Order.
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 16-6663 Roadway Contractors will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of
this Purchase Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s
then current Procurement Ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Procurement Services Division on
Wednesdays and Thursdays. Any actual or prospective respondent 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 County 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 and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
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
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CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20. Security and Background Checks
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division 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.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor’s business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500
per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
vendor is responsible for all costs.
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance 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.
23. Immigration Affidavit Certification
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.
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The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Procurement Services 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 f irm(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.
24. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor’s staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a
vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of Collier County in a verifiable and measurable way. This may include, but not be
16-6663 Roadway Contractors
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26
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or
proposal to be eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will
lose the privilege to claim Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide docum entation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient docum entation with their
proposal offer shall not be granted local preference consideration f or the purposes of that specific
contract award. Except where f ederal or state law, or any other funding source, mandates to the
contrar y, Collier County and its agencies and instrumentalities, wil l give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exem pt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of prof essional services as defined and identified
under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local pref e rence section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year.
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Attachment 1: Vendor’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Procurement Services Division, 3327
Tamiami Trail E, Naples, FL 34112.
We are not responding to Solicitation 16-6663 Roadway Contractors for the following reason(s):
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
___________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________________________
Other reason(s):_____________________________________________________________
_____________________________________________________________________________
_________________________________________________________________________
___________________________________________________________________________
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
_______________________________________ Date ____________
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Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
The Proposal has been signed.
All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed and included.
The mailing envelope has been addressed to:
Collier County Government
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
Attn: Evelyn Colon, Procurement Strategist
The mailing envelope must be sealed and marked with Solicitation 16-6663 Roadway
Contractors and August 25, 2016.
The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
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 PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name: _____________________________________ Date ______________
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Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: Roadway Contractors does not pose an organizational conflict as
described by one of the three categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier
County project identified above (e.g., writing a procurement’s statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to skew
the competition in favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor’s ability to render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part of
its performance of a Collier County project identified above which may have provided the contractor
(or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked
on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”)
or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or
other means.
3. Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated
with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the project
identified above has been fully disclosed and does not pose an organizational conflict.
Firm: ____________________________________________________________________________________
Signature and Date:_________________________________________________________________________
Print Name: _______________________________________________________________________________
Title of Signatory: __________________________________________________________________________
State of_____________________________________ County of ____________________________________
SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20__________,
by _______________________________________________, who is personally known to me to be the
________________________________________ for the Firm, OR who produced the following identification
________________________________________.
__________________________________________________________ _____________________________
Notary Public Commission Expiration
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Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 16-6663 Roadway Contractors
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: 16-6663 Roadway Contractors.
(Proposal Continued on Next Page)
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20
in the County of _______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above)
Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: _________________________________
Email _________________________________
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Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 16-6663 Roadway Contractors (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
Collier County
Lee County
Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement
Ordinance:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector
for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier County from which the
vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office
Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or
other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition
to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic
development and well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base,
and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as
a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a
proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to
one year.
Vendor must complete the following information:
Year Business Established in Collier County or Lee County: ________
Number of Employees (Including Owner(s) or Corporate Officers):_________
Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable.
Vendor Name: _________________________________________
Date: ________________________
Collier or Lee County Address: ___________________________________________________________
Signature: ____________________________________________ Title: ________________________
STATE OF FLORIDA
COLLIER COUNTY LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day of
______________, 20_____.
_____________________________________________
Notary Public
My Commission Expires: ________________________
(AFFIX OFFICIAL SEAL)
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Attachment 6: Immigration Affidavit Certification
Solicitation:16-6663 Roadway Contractors
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor / Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name
Title _______________________
Signature
Date _______________________
State of ___________________
County of _________________
The foregoing instrument was signed and acknowledged before me this ______day of ________________,
20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
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Attachment 7: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (includin g
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 yo ur business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City _______________________________________________
State ______________________________________ Zip ________________________________________________
Telephone __________________ FAX ______________________ Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature ___________________________________________________________
Date _________________________________
Title _______________________________________________________________
Phone Number ________________________
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Attachment 8: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$1,000,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys’ fees and
paralegals’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified 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
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
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
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
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.
RLC 7/15/2016
______________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name _______________________________________ Telephone Number _________________
16-6663 Roadway Contractors
RFP_Non_CCNATemplate_06132016
37
Attachment 9: Reference Questionnaire (Do Not Use Collier County Employees)
Solicitation: 16-6663 Roadway Contractors
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored “0.”
Project Description: ___________________________
Completion Date: _____________________________
Project Budget: _______________________________
Project Number of Days: _______________________
Change Orders - Dollars Added : _________________
Change Orders - Days Added: __________________
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: _______________________________________ By ________________
16-6663 Roadway Contractors
RFP_Non_CCNATemplate_06132016
38
Selection Committee
Final Ranking Sheet
RFP #: 16-6663
Title: Roadway Contractors
Name of Firm Dayne
Atkinson Mark McCleary Dave Morgan Alicia Abbott Justin Lobb Average Selection Committee
Final Rank
Preferred Materials, Inc.1 4 1 3 1 2 1.0000
Ajax Paving Industries of Florida, LLC 2 2 2 2 4 2.4 2.0000
Bonness, Inc. 4 1 4 1 3 2.6 3.0000
Wright Construction Group 3 3 3 5 2 3.2 4.0000
Quality Enterprises 6 5 5 4 5 5 5.0000
Coastal Concrete Products 7 6 6 6 6 6.2 6.0000
OHL Community Asphalt 5 7 7 7 7 6.6 7.0000
TOTAL
Procurement Professional Evelyn Colon
Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals
(from highest being number one (1) to lowest.
Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is
reached.
Page 1 of 1
AGREEMEN T#16-6663
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Ajax Paving Industries of
Florida, LLC, authorized to do business in the State of Florida, whose business address is One Ajax
Drive, North Venice, Florida 34275 (hereinafter referred to as the "Contractor").
WITNESSETH:
TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as -needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
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2.2 The procedure for obtaining Work under this Agreement is as follows:
For Projects with a value of $200,000 or less are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For Projects with a value up to 5200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the Contractors. The written quotes May be
obtained electronically via the On -Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information andlor proposal sought within fifteen (15)
business days or as specked by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
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3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Ajax Paving Industries of Florida, LLC
One Ajax Drive
North Venice, Florida 34275
Phone: 941-486-3600
Fax: 941-486-3500
Attn: Mark O. Minich, Executive Vice President
Email: mminich(a)-aiaxpaving.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
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Ajax Paving Industries of Florida, LLC;x.�"
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor services in a manner satisfactory to the County and requirements of this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall
be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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11
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
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Ajax Paving Industries of Florida, LLC
Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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Ajax Paving Industries of Florida, LLC
s
Q
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.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
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2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
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the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
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29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, 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
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staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful proposer.
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division 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.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
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is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPS@collier ov net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of $500 per incident.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
41, SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department/division and/or Contractor. All applicable OSHA inspection criteria apply as well
as all Contractor rights, with one exception. Contractors do not have the right to refuse to
allow OSHA onto a project that is being performed on Collier County Property. Collier County,
as the owner of the property where the project is taking place shall be the only entity allowed
to refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Division Safety Manager and/or Safety Engineer.
***************************Remainder of page intentionally left blank*******************************
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#16-6663 "ROADWAY CONTRACTORS" �p
Ajax Paving Industries of Florida, LLC.,,-
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
Jamie L. Simmons
int Name and Title
Seo Wiress
Ginger Johnson
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LIM
Chairman
Ajax Paving Industries of Fiorjda, LLC.
Contracto,(
IE,MI.WKWA:!r9,1A .s
F knatur_ r
Michael A. Horan, President
Print Name and Title
Page 14 of 29 #16-6663 "ROADWAY CONTRACTORS"
Ajax Paving Industries of Florida, LLC
Exhibit A- Scope of Services
These services shall include roadway installation, and not be limited to, the following:
1. The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case -by case -basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Contractors will be responsible for providing complete construction services for a wide range
of projects that may be required by any of the Collier County Departments/Divisions. The
Contractors shall be responsible for knowledge of and compliance with all relative local, state and
federal codes and regulations.
The Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been completed to the County's total
satisfaction.
Page 15 of 29
#16-6663 "ROADWAY CONTRACTORS"
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EXHIBIT B
PUBLIC PAYMENT BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under -signed representative, pursuant to authority of its governing
body.
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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 of 20_, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
Page 17 of 29
#16-6663 'ROADWAY CONTRACTORS"
Ajax Paving Industries of Florida, LLC 'v�
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing 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 produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 18 of 29
#16-6663 'ROADWAY CONTRACTORS" (Ci"`;y
Ajax Paving Industries of Florida, LLC a
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of ,
20with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as of
a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 20 of 29
#16-6663 'ROADWAY CONTRACTORS"
Ajax Paving Industries of Florida, LLC
ATTEST:
Witness 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)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing 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 produced _
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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#16-6663 "ROADWAY CONTRACTORS"<,
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EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
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 it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 20 for the period from
to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of 120 ,
by , as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
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Ajax Paving Industries of Florida, LLC p.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE: _
(Type Name and Title)
Page 23 of 29
#16-6663 "ROADWAY CONTRACTORS" i rt
Ajax Paving Industries of Florida, LLC; "f
i.
(County Project Manager)
Bid No. 16-6663
(County Department)
Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
Application Date
FROM:
(Contractor's Representative)
Payment Application No.
(Contractor's Name)
for Work accomplished through
the Date:
(Contractor's Address)
RE:
(Project
Name)
Original Contract Time:
Original Contract Amount:
$
Revised Contract Time:
Total Change Orders to Date
$
Revised Contract Amount
$
Total value of Work Completed
Retainage @ 10% thru[insert date]
$
and stored to Date
$
Retainage @ _% after [insert date]
$
Less previous payment (s)
$
Percent Work completed to Date:
%
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION:
$
Liquidated Damages to be Accrued
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE: _
(Type Name and Title)
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#16-6663 "ROADWAY CONTRACTORS" i rt
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EXHIBIT E
CHANGE ORDER
❑ Contract Modification ❑ Work Order Modification ❑ Amendment
Contract #: Change #: = Purchase Order #: Project #:
Contractor/Firm Name:1 —7 Project Name:
-=1
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DI7/0! Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Approved Revised Date
Date Completion Date Date Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if
needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this
acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /
Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay
costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by:
Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page 24 of 29
#16-6663 'ROADWAY CONTRACTORS"e`'
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OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on 120_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
M
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
Type Name and Title
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OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
ENGINEER'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
EXHIBIT H
20_
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
Type Name and Title
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#16-6663 'ROADWAY CONTRACTORS"
Ajax Paving Industries of Florida, LLC �``>,
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -29-
#16-6663 - Roadway Contractors
Ajax Paving Industries of Florida, LLC
A G RE E ME NT#16-6663
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Bonness, Inc., authorized to
do business in the State of Florida, whose business address is 1900 Seward Avenue, Naples, Florida
34109 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as -needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
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2.2 The procedure for obtaining Work under this Agreement is as follows:
For projects with a value of $50,000 or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractor's selected on a basis that
ensures a relatively even distribution of work.
2. Contractor shall respond with the information and/or proposal sought within seven (7) business
days.
3. Issuance by Owner of a Purchase Order.
For projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For projects with a value up to $200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the Contractors. The written quotes may be
obtained electronically via the On -Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specified by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
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3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Bonness, Inc.
1900 Seward Avenue,
Naples, Florida 34109
Phone: 239-597-6221
Fax: 239-597-7416
Attn: Jeff Janco, Executive Vice President
Email: jjanco�a?bonnessinc.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
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permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor services in a manner satisfactory to the County and requirements of this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall
be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
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14
Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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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.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
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2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
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the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
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29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, 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
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4
AGREEMEN T#16-6663
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Bonness, Inc., authorized to
do business in the State of Florida, whose business address is 1900 Seward Avenue, Naples, Florida
34109 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as -needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
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2.2 The procedure for obtaining Work under this Agreement is as follows:
Fos oroiects with a value of $200,000 or less are as follows:
I. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (14) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For proiects with a value up to $200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the Contractors. The written quotes may be
obtained electronically via the On -Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specified by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
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3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Bonness, Inc.
1900 Seward Avenue,
Naples, Florida 34109
Phone: 239-597-6221
Fax: 239-597-7416
Attn: Jeff Janco, Executive Vice President
Email: jj_anco cx'}bonnessinc.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
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II
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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 IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor services in a manner satisfactory to the County and requirements of this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall
be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
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4
Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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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.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
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2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
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the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
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29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, 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
Page 11 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc. ��`',
staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful proposer.
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division 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.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
Page 12 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc. t ,;
a'
is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of $500 per incident.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department/division and/or Contractor. All applicable OSHA inspection criteria apply as well
as all Contractor rights, with one exception. Contractors do not have the right to refuse to
allow OSHA onto a project that is being performed on Collier County Property. Collier County,
as the owner of the property where the project is taking place shall be the only entity allowed
to refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Division Safety Manager and/or Safety Engineer.
***************************Remainder of page intentionally left blank*******************************
Page 13 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.r`"�
Collier County BCC 1/3/2017 5:00:59 PM PAGE 17/033 Fax Server
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
s�,Firsti ess
Su -SAO -S PL E -ch, Caare�-r
Print Name and Title Ab-rwi fJ
"Sec—ondWitn4ess
IA,rx-
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chairman
Bonness,
Inc.
Contractor
By.
Signature
Ka,j i"', M - ;6,. l
Print Name and Title
Page 14 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc. a
Exhibit A- Scope of Services
These services shall include roadway installation, and not be limited to, the following:
The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case -by case -basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Contractors will be responsible for providing complete construction services for a wide range
of projects that may be required by any of the Collier County Departments/Divisions. The
Contractors shall be responsible for knowledge of and compliance with all relative local, state and
federal codes and regulations.
The Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been completed to the County's total
satisfaction.
Page 15 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness,Inc.
EXHIBIT B
PUBLIC PAYMENT BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our
representatives, successors and assigns, jointly and severally.
heirs, executors, personal
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under -signed representative, pursuant to authority of its governing
body.
Page 16 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness,Inc.
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 of 20_, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
m
Page 17 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing 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 produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 18 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc. ., q'
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page 19 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc. ,P'
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201, by , as of
a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 20 of 29
#16-6663" ROADWAY CONTRACTORS"
Bonness, Inc. `.1 b
ATTEST:
Witness 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)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing 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 produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page 21 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
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 it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 20 for the period from
to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of 120 ,
by , as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
Page 22 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness,Inc.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Bid No. 16-6663
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
RE: (Project
Name)
Original Contract Time: Original Contract Amount: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ Less previous payment (s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE: _
(Type Name and Title)
Page 23 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.
EXHIBIT E
CHANGE ORDER
❑ Contract Modification ❑ Work Order Modification ❑ Amendment
Contract #: Change #: = Purchase Order #: Project #:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount
Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount
SAP Contract Expiration Date (Master)
Dollar Amount of this Change
#DIV/0!
Total Change from Original Amount
Revised Contract/Work Order Total
1 $
0.00
#DIV/0!
Change from Current BCC Approved Amount
,C m'ulati\e Changes
$
0.00
#DIV/0!
Change from Current Amount
Completion Date,Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Approved Revised Date
Date Completion Date Date �ncludes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if
needed.
Prepared by:
(Project Manager Name and Division)
Date:
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this
acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /
Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay
costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by:
Approved by:
(Design Professional and Name of Firm, if project applicable)
(Procurement Professional
Date:
Date:
Page 24 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
Page 25 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness, Inc.
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 , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
By:
Type Name and Title
Page 26 of 29
#16-6663"ROADWAY CONTRACTORS"
Bonness,Inc.
yF
.F.
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page 27 of 29
#16-6663"ROADWAY CONTRACTORS"
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The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
LIM
EXHIBIT H
20
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
Type Name and Title
Page 28 of 29
#16-6663" ROADWAY CONTRACTORS"
Bonness,Inc.
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -29-
#16-6663"ROADWAY CONTRACTORS"•.""'
Bonness, Inc.
AGREEMEN T#16-6663
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Preferred Material, Inc.,
authorized to do business in the State of Florida, whose business address is 5701 East Hillsborough
Avenue, Suite 1122, Tampa, Florida 33610 (hereinafter referred to as the "Contractor").
WITNESSETH:
TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as -needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
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2.2 The procedure for obtaining Work under this Agreement is as follows:
For projects with a value of $200,000 or less are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For projects with a value up to $200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the Contractors. The written quotes may be
obtained electronically via the On -Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specified by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
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3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Preferred Material, Inc.
5701 East Hillsborough Avenue, Suite 1122
Tampa, Florida 33610
Phone: 813-612-5740
Fax: 813-664-8526
Attn: Angelia McElroy, Estimating Manager
Email: angiemcelroy(a�preferredmaterials.cam
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
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permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor services in a manner satisfactory to the County and requirements of this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall
be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
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Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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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.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
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2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
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the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
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29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, 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
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staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful proposer.
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division 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.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
Page 12 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of $500 per incident.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department/division and/or Contractor. All applicable OSHA inspection criteria apply as well
as all Contractor rights, with one exception. Contractors do not have the right to refuse to
allow OSHA onto a project that is being performed on Collier County Property. Collier County,
as the owner of the property where the project is taking place shall be the only entity allowed
to refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Division Safety Manager and/or Safety Engineer.
***************************Remainder of page intentionally left blank*******************************
Page 13 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
--' ---1—y '—I, .1/J/LVl-I .).VJ.J:) t11.1 VAUC 1//VJJ 11d)( :3vzvLY'
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Susan Hibbard Adarin
Print Na a an Title
e and Wit s
Wesley Murray Accounting Assistant
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
By:
Chairman
Preferred Material, Inc.
Contractor
By:
Sign tur
Print Name and Title
Pego 14 of 20 05p�
il16.6663"ROADWAY CONTRACTORSPreferred Material, Inc
Exhibit A- Scope of Services
These services shall include roadway installation, and not be limited to, the following:
The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case -by case -basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Contractors will be responsible for providing complete construction services for a wide range
of projects that may be required by any of the Collier County Departments/Divisions. The
Contractors shall be responsible for knowledge of and compliance with all relative local, state and
federal codes and regulations.
The Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been completed to the County's total
satisfaction.
Page 15 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
VCti `.
EXHIBIT B
PUBLIC PAYMENT BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, an
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under -signed representative, pursuant to authority of its governing
body.
Page 16 of 29
#16-6663" ROADWAY CONTRACTORS"
Preferred Material, Inc.
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 of 20_, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
ME
Page 17 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing 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 produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 18 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20with Oblige for
ourselves, our heirs,
day of ,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page 19 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this
201, by , as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
day of
of
corporation, on behalf of the corporation.
as identification and
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 20 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc. p�
ATTEST:
Witness 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)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing 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 produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 21 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
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 it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 20 for the period from
to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
Witnesses
STATE OF _
COUNTY OF
by
CONTRACTOR
BY:
ITS: President
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of 120 ,
, as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
Page 22 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM: (Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Bid No. 16-6663
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
RE: (Project
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
(Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE: _
(Type Name and Title)
Page 23 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT E
CHANGE ORDER
❑ Contract Modification ❑ Work Order Modification ❑ Amendment
Contract #: Change #: = Purchase Order #: Project #:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! I Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00#DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Approved Revised Date
Date Completion Date Date (Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if
needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this
acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /
Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay
costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page 24 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
C
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page 25 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
i'
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
M-
Design Professional
Type Name and Title
,20—
Design
20_
CONTRACTOR accepts this Certificate of Substantial Completion on
20_
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
M
OWNER
Type Name and Title
Page 26 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
ENGINEER'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page 27 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
iC` .
The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
:2
EXHIBIT H
20
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
Type Name and Title
Page 28 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -29-
#16-6663" ROADWAY CONTRACTORS"
Preferred Material, Inc.
A G RE E MEN T#16-6663
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Wright Construction Group,
Inc., authorized to do business in the State of Florida, whose business address is 5811 Youngquist
Road, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor").
WITNESSETH:
TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as -needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
Page 1 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
2.2 The procedure for obtaining Work under this Agreement is as follows:
For projects with a value of $200,000 or less are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For eroiects with a value up to $200,000 to $750,000 are as follows:
I. Written quotations shall be solicited from all of the Contractors. The written quotes may be
obtained electronically via the On -Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2, Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specked by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
Page 2 of 29
#16-6663'ROADWAY CONTRACTORS"
Wright Consbuction Group, Inc.
3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Wright Construction Group, Inc.
5811 Youngquist Road
Fort Myers, Florida 33912
Phone: 239-481-5000
Fax: 239-481-2448
Attn: G. Andy Powell, Executive Vice President
Email: andyp@wrightg.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
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responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor services in a manner satisfactory to the County and requirements of this
Agreement, the County may terminate said Agreement for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall
be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
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Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor 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.
11.1 The duty to defend under this Article 11 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 11 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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
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13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
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C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
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specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
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27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
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.
28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
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Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
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32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful proposer.
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division 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
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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.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPSO-colliergov.net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of $500 per incident.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department/division and/or Contractor. All applicable OSHA inspection criteria apply as well
as all Contractor rights, with one exception. Contractors do not have the right to refuse to
allow OSHA onto a project that is being performed on Collier County Property. Collier County,
as the owner of the property where the project is taking place shall be the only entity allowed
to refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Division Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
M
Dated:
(Seal)
First Witness
C,00 -M -c 7
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
Wright Construct' Group, Inc.
Contractor
By:
_ C—)
Signature
Print Name and Title
Page 14 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
`, ,
Exhibit A- Scope of Services
These services shall include roadway installation, and not be limited to, the following:
The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case -by case -basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Contractors will be responsible for providing complete construction services for a wide range
of projects that may be required by any of the Collier County Departments/Divisions. The
Contractors shall be responsible for knowledge of and compliance with all relative local, state and
federal codes and regulations.
The Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been completed to the County's total
satisfaction.
Page 15 of 29
#16-6663" ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
EXHIBIT B
PUBLIC PAYMENT BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under -signed representative, pursuant to authority of its governing
body.
Page 16 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
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 of 20_, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page 17 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing 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 produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 18 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20with Oblige for
day of ,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page 19 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201, by , as of
a corporation, on behalf of
He/She is personally known to me OR has produced as
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
the corporation.
identification and
Page 20 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
ATTEST:
Witness 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)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing 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 produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 21 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
i,.
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
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 it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 20 for the period from
to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
BY:
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of 120 ,
by , as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.: _
Page 22 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM: (Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Bid No. 16-6663
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
RE: (Project
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ !% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
(Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE: _
(Type Name and Title)
EXHIBIT E
Page 23 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
EXHIBIT E
CHANGE ORDER
❑ Contract Modification ❑ Work Order Modification ❑ Amendment
Contract #: Change #: = Purchase Order #: Project #:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change „from Current BCC Approved Amount
Cumulative Changes $ 0.001 #DIV/0! Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Approved Revised Date
Date I I Completion Date Date (includes this change)
# of Days Added I I Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if
needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this
acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /
Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay
costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page 24 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
Ire
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
Page 25 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
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
M
Design Professional
Type Name and Title
, 20_
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
LM
OWNER
Type Name and Title
Page 26 of 29
#16-6663"ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
ENGINEER'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
To
[OAT, JR, 14 �
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page 27 of 29
#16-6663" ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
The following warranty is attached to and made a part of this Certificate:
Executed by Design Professional on
EXHIBIT H
20
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
Type Name and Title
Page 28 of 29
#16-6663" ROADWAY CONTRACTORS"
Wright Construction Group, Inc.
.. y
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -29-
#16-6663"ROADWAY CONTRACTORS"'
Wright Construction Group, Inc.
Date: December 5, 2016
0- ier coutlty
Administrative Services Department
Procurement Services Division
Notice of Recommended Award
Solicitation: RFP #16-6663 Title: Roadway Contractors
Due Date and Time: August 25, 2016; 3:OOPM
Respondents:
Company Name
City
County
State
RFP Ranking
Responsive/Responsible
Preferred Materials, Inc.
Fort Myers
Lee
FI
1
Yes
Ajax Paving Industries of
Florida, LLC
North
Venice
Sarasota
FI
2
Yes
Bonness, Inc.
Naples
Collier
FI
3
Yes
Wright Construction Group
Naples
Collier
FI
4
Yes
Quality Enterprises
Naples
Collier
FI
5
Yes
Coastal Concrete Products
-6111
Fort Myers
Lee
FI
6
Yes
Community
Fort Myers
Lee
FI
7
Yes
Utilized Local Vendor Preference: Yes ( I No
Recommended Vendor(s) For Award:
Staff is recommending multiple awards to the following top four ranked contractors: Preferred
Materials, Inc., Ajax Paving Industries of Florida, LLC, Bonness, Inc. and Wright Construction Group.
Required Signatures
Project Manager: Mark
oyen„yM ymrmmvwegxm
Procurement Strategist: Evelyn Colon evelyncolon@colliergov.net a
Prgcur ent ervice Director:
Edward F. Coyman Jr.