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Agenda 07/11/2017 Item #16D 107/11/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 17-7142 to Compass Construction, Inc., for the Clam Pass Parking Improvements, in the amount of $588,010, plus $5,000 for County permitting fees for a total of $593,010, authorize the necessary budget amendment, and make a finding that this expenditure promotes tourism. OBJECTIVE: To reconstruct the Clam Pass Beach Park parking lot, replace the existing privacy wall, and install the Sea Turtle Stranding Facility. CONSIDERATIONS: Clam Pass Park is a popular beach access in Collier County. The parking demand at the park commonly exceeds capacity during peak tourist season and limits the ability of tourism at the park. To follow the Tourist Development Council’s (TDC) mission to be recogniz ed as the most desirable tourism destination in the world, the Clam Pass parking renovations incorporate an increase in the amount of available parking from 175 spaces to 198 spaces. In addition, the design includes water quality enhancements, through an exfiltration system, restriping, to allow for adequate turning radii for the Collier Area Transit bus service drop off, and a new landscaping plan of the entire parking area. The existing privacy wall along the south side of the parking lot is damaged an d deteriorated. The wall cannot be repaired and requires complete replacement. The existing foam-filler wall will be replaced with a more substantial concrete wall. Additionally, the sea turtle monitoring equipment has been in a temporary storage facility onsite. This temporary structure has exceeded its useful life and the equipment requires a more permanent housing facility. The new Sea Turtle Stranding Facility will be a permanent structure to store sea turtle equipment at the entrance of the parkin g lot. The Pelican Bay Foundation has reviewed and approved this scope of work, including approval to allow for an increase in available parking spaces. On April 20, 2017, the Procurement Services Division released notices of Invitation to Bid No. 17 -7142, “Clam Pass Parking Renovations,” to 1,887 vendors. Fifty-three vendors downloaded bid packages, and five bids were received May 25, 2017, as shown below and on the attached Bid Tabulation. The lowest qualified bid is approximately 49 percent above the consultant engineer’s cost estimate of $393,840. A significant portion of this variance can be attributed to the maintenance of traffic required to keep half of the park open at all times, which was not included in the engineer’s cost estimate. Also, th e storage facility was later added to the project and not included at the time of the engineer’s cost estimate. In addition, costs for the wall have increased over recent similar projects. Given the quality of the bidders, the engineering consultant finds that the bid costs are reasonable for the differences noted above and in part due to the abundance of potential work for contractors in the area. Staff reviewed the lump sum base bid pricing and Add Alternate’s and recommends awarding the base bid plus Alternates 1A and 1B Compass Construction, Inc., the lowest, responsive and responsible bidder. Contractor Base Bid Add Alternate 1A (Wall Demo) Add Alternate 1B (New Wall) Total 1 Compass Construction, Inc. $522,507 $11,138 $54,365 $588,010 2 Coastal Concrete Products $528,700 $9,500 $57,000 $595,200 3 Haskins, Inc. $586,600 $7,000 $65,000 $658,600 4 Quality Enterprises USA, Inc. $642,798 $12,960 $66,345 $722,103 5 Bonness, Inc. $664,930 $12,962 $55,862 $733,754 In alignment with the TDC’s mission to promote tourism, an additional 23 parking spaces will provide 07/11/2017 additional capacity for tourism at the park. In addition, park aesthetics will be improved through the new landscaping design and a new privacy wall. ADVISORY BOARD RECOMMENDATION: On July 29, 2016, the TDC approved a grant application for $1,160,000, with $300,000 approved for the parking lot and $125,000 approved for the wall, by a 6-0 vote. On June 26, 2017, the TDC approved the expenditure necessary for the budget amendment and recommended award of Bid No. 17-7142, by a 9-0 vote. FISCAL IMPACT: The low bid award is $588,010. Also anticipated is $5,000 for permitting and ancillary site work for a total construction phase budget of $593,010. A budget amendment is necessary to move $185,200 from TDC Beach Park Facilities Reserves to the Clam Pass Parking Renovations Project (No. 88043) within TDC Beach Park Facilities Fund (183). GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To award to Bid No. 17-7142 to Compass Construction, Inc. for the Clam Pass Parking Improvements, Project No. 88043, in the amount of $593,010; authorize the necessary budget amendment; authorize the Chair to execute the attached contract; and make a finding that this expenditure promotes tourism. Prepared by: Felicia Kirby, Associate Project Manager, Facilities Management Division ATTACHMENT(S) 1. NORA & Engineer's Recommendation (PDF) 2. 17-7142 - Bid Tabulation (PDF) 3. [LINKED] 17-7142 - Contract (PDF) 4. Pelican Bay Approval Letters (PDF) 5. Opinion of Probable Cost (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 3207 Item Summary: Recommendation to award Invitation to Bid No. 17-7142 to Compass Construction, Inc., for the Clam Pass Parking Improvements, in the amount of $588,010, plus $5,000 for County permitting fees for a total of $593,010, authorize the necessary budget amendment, and make a finding that this expenditure promotes tourism. Meeting Date: 07/11/2017 Prepared by: Title: – Facilities Management Name: Felicia Kirby 06/05/2017 8:47 AM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 06/05/2017 8:47 AM Approved By: Review: Facilities Management Dennis Linguidi Additional Reviewer Completed 06/05/2017 9:24 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/05/2017 2:30 PM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/05/2017 4:28 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/05/2017 4:58 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/06/2017 3:56 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/06/2017 4:20 PM Facilities Management Margaret Bishop Additional Reviewer Completed 06/06/2017 4:57 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/08/2017 7:41 AM Public Utilities Department Margie Hapke Additional Reviewer Completed 06/08/2017 4:19 PM Parks & Recreation Barry Williams Additional Reviewer Completed 06/12/2017 10:49 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/12/2017 11:51 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/12/2017 4:57 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/13/2017 10:25 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2017 9:51 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 10:27 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/16/2017 5:08 PM 07/11/2017 County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/03/2017 9:47 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Civil Engineers  Land Surveyors  Planners  Landscape Architects Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 31, 2017 Ms. Felicia Kirby, Associate Project Manager 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 RE: Award Recommendation Clam Pass park Improvements Dear Ms. Kirby: Q. Grady Minor & Associates, P.A. (GradyMinor) has completed our review of the quotes submitted for the above-referenced project and attached is the Bid Tabulation. The scope includes adding parking spaces to the lot, improving the drainage, improving the landscaping, adding a shed and replacing portion(s) of the perimeter wall. Based on the Bid Tabulation provided by the Collier County Purchasing Division, Compass Construction, Inc. is the apparent low bidder with a low bid of $588,010.00 with alternates included. Compass Construction is a local contractor with extensive experience with Collier County projects and is located in nearby Ft. Myers. Grady Minor has worked with Compass on a few recent projects and can recommend their work. Based on the above information, GradyMinor recommends Compass Construction, Inc. is awarded the Clam Pass Park Improvements project in the amount of $588,010.00. Please feel free to call me with any questions. Very truly yours, Michael Delate, P.E. Sr. Vice President 17‐7142 BID SCHEDULE REVProcurement Strategist: Jim Flanagan No. of Notices: 1887CLAM PASS PARKING AREA IMPROVEMENTSProject Manager: Felicia Kirby No. of Downloads 53BID NO. 17-7142No. of Bids Rec'd 5May 25, 2017 - 2:30 PMBIDDER: Compass Constr Coastal Concrete Haskins Quality BonnessITEM DESCRIPTION QTY UNITLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COST1 Mobilization/Demobilization 1 LS $70,184 $35,000 $55,000 $64,000 $20,074 2 Stormwater Pollution Plan 1 LS $1,820 $1,500 $7,500 $2,300 $7,306 3 Project Sign 1 LS $810 $2,500 $1,500 $1,800 $1,265 4 Demolition Clearing and Grubbing 1 LS $22,545 $15,000 $16,500 $66,828 $78,394 5 Parking Area Construction 1 LS $215,777 $225,000 $265,000 $264,700 $326,223 7 Landscaping & Irrigation 1 LS $80,248 $103,750 $98,600 $89,165 $96,216 8 Shed 1 LS $7,874 $12,500 $5,000 $7,000 $3,942 9 Shed Lighting 1 LS $405 $950 $500 $450 $929 10A Existing Wall Demolition (approx. 625' for 6' wall) 1 LS $12,040 $13,750 $9,000 $17,280 $15,017 10B New Precast Wall (approx. 625' for 6' wall) 1 LS $60,804 $68,750 $78,000 $79,275 $65,564 11 Owner Allowance 1 ALL $50,000 $50,000 $50,000 $50,000 $50,000 $522,507 $528,700 $586,600 $642,798 $664,930 ADD ALTERNATESITEM DESCRIPTION QTY UNITLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTLUMP SUM COSTALT 1A Wall Demolition (approx. 475' for 8' wall) 1 LS $11,138 $9,500 $7,000 $12,960 $12,962 ALT 1B New Precast Wall (approx. 475' for 8' wall) 1 LS $54,365 $57,000 $65,000 $66,345 $55,862 TOTAL  INCLUDING ALTERNATES$588,010 $595,200 $658,600 $722,103 $733,754Confirmation and Acknowledgement of Site VisitYYYYYSignature:YYYYYDate:YYYYYDate of Site Visit: 5/18/2017 5/13/2017 5/18/2017 5/10/2017 5/11/2017Completed Bid Form (solicitation page 12) YYYYYCompleted Bid Schedule (as REVISED ‐ 17‐7142 Bid Schedule ‐ ADD#2rev)YYYYYCompleted Bid Forms:   Material Manufacturers (solicitation page 14) YYYYY   List of Major Subcontractors (solicitation page 15) Y to be determined Y Y Y   Statement of Experience of Bidder (soliciation page 16 Y Y nothing listed Y Y   Trench Safety Act Acknowledgement (solicitation page 17) YYYYY   E‐Verify Immigration Law Affidavit Certification (solicitation page 18) YYYYY   Solicitations Substitute W‐9 (solicitation page 19‐22) YYYYY   Florida Division of CorporationsYYYYY   Bid Bond Form (solicitaiton page 23) YYYYY   Bidders Checklist (solitication page 24) YYYYY   Insurance and Bonding Requirements (solicitation pages 40 and 41)YYYYYAcknowledgement ‐ Receipt of Addendum #1YYYYYStrategist: Confirm validity w/FL Divisions of Corporations on‐lineYYYYYStrategist: Confirm Insurance and Bonding RequirementsYYYYYStrategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:YYNYYWall Product Supplier Coastal Concrete Coastal Concrete Coastal ConcreteOpened By: Jim FlanaganWitnessed by: Felicia Kirby, Hank JonesBASE BID TOTAL 1 Construction Services Agreement: Revised 02132017 Clam Pass Parking Renovations COLLIER COUNTY INVITATION TO BID NO. 17-7142 COLLIER COUNTY, FLORIDA Jim Flanagan, Procurement Strategist Email: JimFlanagan@colliergov.net Telephone: (239) 252 - 8946 Design Professional: Q. Grady Minor & Associates 2 Construction Services Agreement: Revised 02132017 TABLE OF CONTENTS PUBLIC NOTICE ....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5 CONSTRUCTION BID ..............................................................................................................12 BID SCHEDULE .......................................................................................................................13 MATERIAL MANUFACTURERS ..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS ..................................................................................14 STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................16 TRENCH SAFETY ACT ............................................................................................................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................19 BID BOND ................................................................................................................................23 BIDDERS CHECK LIST ...........................................................................................................24 CONSTRUCTION AGREEMENT..............................................................................................25 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................................................35 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................38 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................................................42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................43 EXHIBIT E: CHANGE ORDER .................................................................................................44 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................45 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................47 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................48 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................75 EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................76 EXHIBIT K: PERMITS ..............................................................................................................77 EXHIBIT L: STANDARD DETAILS ..........................................................................................78 EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................79 EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............80 3 Construction Services Agreement: Revised 02132017 PUBLIC NOTICE INVITATION TO BID Clam Pass Parking Renovations COUNTY BID NO. 17-7142 Sealed bids for the construction of Clam Pass Parking Renovations will be received electronically until 2:30 P.M. LOCAL TIME, on the 25th day of May, 2017 on the County’s on- line bidding system: www.colliergov.net/bid. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $350,000.00. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, 3295 Tamiami Trail East (Bldg C2) – (please note new location) at 9:00 a.m. LOCAL TIME on the 2nd day of May, 2017, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of May 25, 2017. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding 4 Construction Services Agreement: Revised 02132017 Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Seventy Five (75) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 20th day of April, 2017 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 5 Construction Services Agreement: Revised 02132017 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 12 - 24 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid and shall sign the Bid correctly. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted on www.colliergov.net/bid Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier’s check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with 6 Construction Services Agreement: Revised 02132017 conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. 7 Construction Services Agreement: Revised 02132017 Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County’s Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8 Construction Services Agreement: Revised 02132017 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their prot est with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s then current procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and responsible Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and responsible bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner’s Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted on the Procurement Services Division Web Site. Award of Contract will be made by the Board of County Commissioners in public session. Any 9 Construction Services Agreement: Revised 02132017 actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner’s then current procurement ordinance and policies. A copy of the procurement ordinance is available at: http://www.colliergov.net/Index.aspx?page=762 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.5 Certificate of Authority to Conduct Business in the State of Florida (FL 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 be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner’s policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be “qualified” as defined in Collier County Ordinance 2017-08, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement 10 Construction Services Agreement: Revised 02132017 requirements and has the integrity and reliability to assure good faith performance. A Subcontractor’s disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are “qualified.” 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not “qualified” or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner’s review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner’s prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, 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. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor’s response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 11 Construction Services Agreement: Revised 02132017 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity’; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” Department of State /Division of Corporations /Search Records /Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Profit Corporation COMPASS CONSTRUCTION, INC. Filing Information H09755 59-2423658 06/26/1984 FL ACTIVE AMENDMENT 11/25/2008 NONE Principal Address 824 LAFAYETTE STREET CAPE CORAL, FL 33904 Changed: 07/06/1995 Mailing Address 824 LAFAYETTE STREET CAPE CORAL, FL 33904 Changed: 07/06/1995 Registered Agent Name & Address OLIVER LAWRENCE J. 824 LAFAYETTE ST. CAPE CORAL, FL 33904 Name Changed: 03/03/1993 Address Changed: 03/03/1993 Officer/Director Detail Name & Address Title DST OLSEN, PETER 824 LAFAYETTE ST CAPE CORAL, FL DIVISION OF CORPORATIONSFlorida Department of State Page 1 of 3Detail by Entity Name 5/31/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... Title CEO, Director OLIVER, LAWRENCE J. 824 LAFAYETTE ST CAPE CORAL, FL Title President Oliver, Douglas R 824 LAFAYETTE STREET CAPE CORAL, FL 33904 Annual Reports Report Year Filed Date 2015 02/04/2015 2016 02/17/2016 2017 01/11/2017 Document Images 01/11/2017 -- ANNUAL REPORT View image in PDF format 02/17/2016 -- ANNUAL REPORT View image in PDF format 02/04/2015 -- ANNUAL REPORT View image in PDF format 01/29/2014 -- ANNUAL REPORT View image in PDF format 01/23/2013 -- ANNUAL REPORT View image in PDF format 01/12/2012 -- ANNUAL REPORT View image in PDF format 06/06/2011 -- ANNUAL REPORT View image in PDF format 04/20/2011 -- ANNUAL REPORT View image in PDF format 02/26/2010 -- ANNUAL REPORT View image in PDF format 03/04/2009 -- ANNUAL REPORT View image in PDF format 11/25/2008 -- Amendment View image in PDF format 01/04/2008 -- ANNUAL REPORT View image in PDF format 02/28/2007 -- ANNUAL REPORT View image in PDF format 01/25/2006 -- ANNUAL REPORT View image in PDF format 12/27/2005 -- Amendment View image in PDF format 04/08/2005 -- ANNUAL REPORT View image in PDF format 04/15/2004 -- Off/Dir Resignation View image in PDF format 02/17/2004 -- ANNUAL REPORT View image in PDF format 04/18/2003 -- ANNUAL REPORT View image in PDF format 04/23/2002 -- ANNUAL REPORT View image in PDF format 04/27/2001 -- ANNUAL REPORT View image in PDF format 04/20/2000 -- ANNUAL REPORT View image in PDF format 03/06/1999 -- ANNUAL REPORT View image in PDF format 04/28/1998 -- ANNUAL REPORT View image in PDF format 05/02/1997 -- ANNUAL REPORT View image in PDF format 05/01/1996 -- ANNUAL REPORT View image in PDF format 07/06/1995 -- ANNUAL REPORT View image in PDF format Page 2 of 3Detail by Entity Name 5/31/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 13 Construction Services Agreement: Revised 02132017 BID SCHEDULE Clam Pass Parking Renovations Bid No. 17-7142 "Also attached, hereto, following this page" PELICAN BAY Pelican Bay Foundation,Inc. April 7,2017 Felicia Kirby Associate Project Manager Facilities Management Division feliciakirby(5)colliergov.net Good Morning Felicia, Re:CLAM PASS PARKING AREA,Insubstantial Change to SIP 2000-14 LOCATION:465 Seagate Drive FOLIO:66277840008 &00239520005 Concrete Wall Replacement For the above-referenced Site,the Foundation has reviewed your request to replace the existing damaged wall with Stonetree Concrete Wall "Smooth Wall Look". The Foundation does not object to the proposed location or materials used in construction of wall,therefore your request is APPROVED. Ifyou need further assistance,please feel free to contact me. Pelican Bay Foundation,Inc.•6251 Pelican Bay Boulevard •Naples,Florida 34108 (239)597-8081 •(239)597-6802 FAX •E-Mail:memberservices@pelicanbay.org Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS LAND SURVEYORS PLANNERS LANDSCAPE ARCHITECTS CLAM PASS PARK - PARKING LOT MODIFICATION ENGINEER'S OPINION OF PROBABLE COST February 27, 2017 SCHEDULE DESCRIPTION TOTAL PRICE A Paving $111,061.00 B Storm Drainage $59,400.00 C Landscape and Irrigation $83,379.00 D Wall $90,000.00 TOTAL $343,840.00 Michael J. Delate, P.E. Florida Regestration No. 49442 ngineering\PR0J-ENGICICCU193108Cbocs101Bidding-Addenda-COs-Corr10PC_2017.02.27.xls 1 of 5 CLAM PASS PARK - PARKING LOT MODIFICATION ENGINEER'S OPINION OF PROBABLE COST 2/27/2017 SCHEDULE "A" PAVING Parking lot construction complete per the plans and County specifications including stabilized subgrade, stabilized shoulder, limerock base, asphalt base, tack coat, asphaltic concrete, pavement removal and repair, required testing by an independent laboratory, fill material per plans and as required, finish grading, seeding and mulch. ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL PRICE A-1 Clearing/Tree Removal LS $2,500.00 1 $2,500.00 A-2 Erosion Control -Silt Fence LF $2.00 915 $1,830.00 A-3 Double Row Erosion Control -Silt Fence LF $3.00 190 $570.00 A-4 I Lake Bank Regrading LF $8.00 420 $3,360.00 A-5 New Pavement, Base & Subgrade SY $20.00 690 $13,800.00 A-6 Pavement Overlay SY $8.00 6,451 $51,608.00 A-7 Type "D" Curb LF $14.00 1,960 $27,440.00 A-8 Signing & Pavement Markings LS $5,000.00 l $5,000.00 A-9 Remove Existing Pavement & Base SY $6.00 733 $4,398.00 A-10 Remove and Reuse Existing Wheel Stops EA $5.00 111 $555.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $111,061.00 Q. Grady Minor & Associates G:\Engineering\PROJ-ENG\C\CCU193\08CUocs\07Bidding-Addenda-COs-Corr\OPC_2017.02.27.xls 2 of 5 CLAM PASS PARK - PARKING LOT MODIFICATION ENGINEER'S OPINION OF PROBABLE COST 2/27/2017 SCHEDULE "B" STORM DRAINAGE Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in pavement areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the Owner, County and/or FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to the center of the structures. ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL PRICE B-1 15" RCP LF $35.00 163 $5,705.00 B-2 18" RCP LF $55.00 90 $4,950.00 B-3 15" HDPE, Perforated with Sock LF $40.00 243 $9,720.00 B-4 Type C Inlet with Frame & Grate EA $3,200.00 5 $16,000.00 B-5 Type C Inlet - Bubble -Up Including Rip -Rap EA $3,500.00 2 $7,000.00 B-6 Type C Inlet - Control Structure EA $4,200.00 1 $4,200.00 B-7 t8" FES EA $1,500.00 1 $1,500.00 B-8 6" PVC LF $15.00 335 $5,025.00 B-9 8" Inline Drain with Domed Grate EA $350.00 8 $2,800.00 B-10 Remove Existing CB, 15" Pipe and MES LS $2,500.00 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 TOTAL $59,400.00 Q. Grady Minor & Associates GAEngineering\PR0J-ENG\C\CC11193\08CDocs\01Bidding-Addenda-COs-Corr\OPC_2017.02.27.xis 3 of 5 CLAM PASS PARK - PARKING LOT MODIFICATION LANDSCAPE ARCHITECT'S OPINION OF PROBABLE COST 2/27/2017 SCHEDULE "C" LANDSCAPE AND IRRIGATION CLAM PASS PLANTING COST ESTIMATE 30 -Aug -16 KEY QTY COMMON NAI BOTANICAL NA SPECIFICATIOl' UNIT TOTAL TREES BS 11 Gumbo Limbo Bursea Simambc 25 Gal., 10' ht. n $ 225.00 $ 2,475.00 MC 3 Wax Myrtle Myrica cerifera 30 Gallon, 6'-8', $ 225.00 $ 675.00 PP 3 Pigeon Plum Coccoloba diver: 25 Gal., 10' hl. n $ 220.00 $ 660.00 QV 11 Live Oak Quercus virginiai Cathedral Field c $ 900.00 $ 9,900.00 BE 7 Seagrape Coccoloba uvifer 10' o.a., 4'-5' spr $ 320.00 $ 2,240.00 SB 3 Silver Buttonw\ Conocarpus erec 10' o.a., 4'-5' spr $ 300.00 $ 900.00 SL 5 Satin Leaf Chrysophyllum o 10' o.a., 4'-5' spr $ 400.00 $ 2,000.00 PALMS RO 8 Royal Palm Roystonia elata 8' - 14' grey woo $ 800.00 $ 6,400.00 SP 18 Sabal Palm Sabal palmetto Transplant existi $ 125.00 $ 2,250.00 SHRUBS/ACCENTS ACR 91 Leather Fern Acrostichum spp 3 G., 24" Ht. min $ 24.00 $ 2,184.00 EL 183 Golden Creepe Ernodia Iittoralis 3 G., 18" Ht. x S $ 9.00 $ 1,647.00 FAK 51 Fakahatchee C Tripsacum dacty 3G., 24" Ht. $ 8.00 $ 408.00 FIR 17 Firebush Hamelia patens 3 G., 24" x 24", f $ 8.00 $ 136.00 MUH 366 Muhly Grass Muhlenbergia ca 3 G., 24" x 24", f $ 8.00 $ 2,928.00 SER 98 Saw Palmetto Serenoa repens 3 G., 12" Ht. min $ 8.00 $ 784.00 SPA 415 Cordgmss Spartina bakerii 3 G., 48" O.C., n $ 8.00 $ 3,320.00 TRI 880 Dwarf Fakahat Tripsacum florid( 3 G., 30" O.C., n $ 8.00 $ 73040.00 THR 45 Thryallis Galphimia glaucl3 G., 18" Ht. x 11 $ 10.00 $ 450.00 GROUNDCOVERS/OTHERS ELO 112 Great Spikems Eleocharis palus Bare root, 24" o. $ 2.00 $ 224.00 CA 111 Swamp Lily Crinum americar 1 Gallon, 12'k12 $ 6.00 $ 666.00 PTD 196 Blue Pickerel V Pontederia cords Bare root, 18" o. $ 2.00 $ 392.00 SOD 2000 Bahia sod Paspalum notatu Set on raked, su $ 0.35 $ 700.00 2,500 Mulch 10.,000 SF Florimuch, 3" thi $ 4.00 $ 10,000.00 IRRIGATION $ 25,000.00 TOTAL= $ 83,379.00 Q. Grady Minor & Associates G:\Engineering\PROJ-ENG\C\CCU193\08CDocs\Utaidding-Addenda-COsCon\OPC_2017.02.27.yis 4 of 5 CLAM PASS PARK - PARKING LOT MODIFICATION ENGINEER'S OPINION OF PROBABLE COST 2/27/2017 SCHEDULE "B" BUFFER WALL ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL PRICE B-1 Wall LF $75.00 1,200 $90,000.00 TOTAL $90,000.00 Q. Grady Minor & Associates G:\Engineering\PROJ-ENG\C\CCU193\08CDocs\01 Bidding-Addenda-COs-Corr\OPC_2017.02.27.xls 5 of 5