Agenda 04/28/2015 Item #16C2 4/28/2015 16.C.2.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 15-6402, "Goodland Pump Station
Improvements,"in the amount of$516,130,to Quality Enterprises,USA,Inc.
OBJECTIVE: To provide reliable, compliant, potable water service to Collier County Water-Sewer
District(CCWSD)customers within Goodland and Key Marco.
CONSIDERATIONS: The proposed scope of work under Project No. 71067, "Distribution Pump
Stations Technical Support Projects," is consistent with the Capital Improvement Program (CIP)
contained in the Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study
approved by the Board of County Commissioners (Board) on June 10, 2014, as Agenda Item 11C.
Funding for Project No. 71067 is available in, and is consistent with,the FY2015 CIP Budget.
The CCWSD owns and operates the infrastructure that supplies potable water to approximately 300
customers in Goodland and in Key Marco. Potable water is stored in an on-site ground storage tank where
it is recirculated and treated to maintain compliance with potable water standards. The water is then
distributed to Goodland and Key Marco customers by an on-site pump station that is over 30 years old.
The scope of the project is to replace electrical and mechanical pump station equipment that has reached
the end of its useful life, upgrade instrumentation and controls to county standards, reconfigure the
interior space to separate a pressurized ammonia tank from an office area for on-site staff, and
waterproof/restore the exterior of the facility. The condition of this asset is defined as "Red: Level 3 —
Risked Compliance" as reported to the Board at the October 1, 2013 Asset Assessment and Management
Workshop.
Invitation to Bid No. 15-6402 was advertised on January 22, 2015, with 1,544 notices sent to vendors that
provided the described services. Ninety-six prospective bidders downloaded plans and specifications. On
February 26, 2015,the two sealed bids received were opened. The bids are summarized below.
VENDOR BID
Quality Enterprises USA, Inc. $516,130
Mitchell & Stark Construction Company, Inc. $528.300
Staff and local engineering consultant, AECOM Inc., determined the lowest bid to be fair and reasonable
and recommends awarding the project to Quality Enterprises USA, Inc., the lowest responsive and
qualified vendor. The bid is 3.8 percent above the engineer's cost opinion, including allowance. Quality
Enterprises USA, Inc., has a satisfactory performance and warranty record on previous, similar water
utility-related projects. The Procurement Services Division concluded the bid was competitive and
representative of market conditions. The bid summary, bid chart, engineer's recommendation letter, and
contract are attached (Attachments 1,2, 3 and 4,respectively).
The bid specifications informed the bidders there may be unforeseen conditions associated with the
project. The project cost includes an allowance of$45,000 for owner-directed work due to unforeseen
corrosive or geological conditions that include, but are not limited to, unknown site conditions, additional
support equipment, personnel time and/or replacement materials as determined by staff that may be
required during construction. Subject to the Purchasing Ordinance, staff will negotiate a price for any
additional work due to unforeseen conditions prior to the start of any work.
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FISCAL IMPACT: Funding is available in, and is consistent with,the FY2015 CIP Budget approved by
the Board on September 18, 2014. The source of funding is the Water User Fee Fund (412).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, award Invitation to Bid No. 15-6402 to Quality Enterprises
USA, Inc., in the amount of$516,130, and authorize the Chairman to sign the attached contract after final
review by the County Attorney's Office.
PREPARED BY: Tom Sivert,P.E., Senior Project Manager, PPMD
Attachments:
Attachment 1 Bid Tabulation
Attachment 2 PPMD Bid Analysis
Attachment 3 Engineer's Letter of Recommendation
Attachment 4 Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to award Invitation to Bid No. 15-6402, "Goodland
Pump Station Improvements," in the amount of$516,130,to Quality Enterprises, USA, Inc.
Meeting Date: 4/28/2015
Prepared By
Name: SivertTom
Title: Project Manager, Senior,Public Utilities Engineering
4/1/2015 9:22:10 AM
Submitted by
Title: Project Manager, Senior,Public Utilities Engineering
Name: SivertTom
4/1/2015 9:22:12 AM
Approved By
Name: Oscar Martinez
Title:Project Manager, Senior, Public Utilities Engineering
Date: 4/1/2015 11:04:02 AM
Name: JacobsSusan
Title: Operations Analyst, Wastewater
Date: 4/1/2015 11:54:48 AM
Name: Steve Messner
Title: Division Director-Water, Water
Date: 4/1/2015 1:14:15 PM
Name: Pam Libby
Title: Manager-Distribution, Water
Date: 4/1/2015 2:27:52 PM
Name: HapkeMargie
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Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 4/2/2015 9:31:13 AM
Name: ChmelikTom
Title: Division Director-Public Utilities Eng, Public Utilities Engineering
Date: 4/2/2015 4:34:27 PM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 4/6/2015 4:14:36 PM
Name: Joseph Bellone
Title: Division Director-Operations Support, Utilities Finance Operations
Date: 4/8/2015 11:24:42 AM
Name: HerreraSandra
Title: Manager-Procurement, Purchasing&General Services
Date: 4/9/2015 8:33:03 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services
Date: 4/10/2015 6:33:04 AM
Name: HallSwainson
Title: Procurement Specialist, Purchasing&General Services
Date: 4/14/2015 8:52:35 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/14/2015 11:12:50 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Public Utilities Department
Date: 4/15/2015 9:23:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2015 1:48:39 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/17/2015 3:26:30 PM
Name: CasalanguidaNick
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Title: Deputy County Manager, County Managers Office
Date: 4/18/2015 11:20:17 AM
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Tom Sivert,Project Manager 4/28/2015 16.C.2
Public Utilities Division
Submittals:2
15-6402 GOODLAND PUMP STATION IMPROVEMENTS
BID SCHEDULE
IQuality Enterprises USA,Inc. I Mitchell&Stark Construction Company,Inc.
ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE QUANTITY PRICE
NO. Per-Unit Extended Per-Unit Extended
General Conditions/Mobilization/Demobilization.
Furnish all labor,materials,supplies and equipment for
1 complete shop drawings and sample submittals,record LS 1 $24,150.00 $24,150.00 1 $24,600.00 $24,600.00
drawings submittals,mobilization,demobilization,and final
cleaning. .
Architectural/Structural Improvements. Furnish all
2 labor,materials,supplies and equipment for complete work LS 1 $109,075.00 $109,075.00 1 $116,400.00 $116,400.00
including but not limited to interior building modifications
and roof replacement.
Civil/Mechanical Improvements. Furnish all labor,
materials,supplies and equipment for complete work
including but not limited to earthwork,grading,concrete
slabs,piping modifications for installation of three(3)new
3 LS 1 $72,525.00 $72,525.00 1 $152,900.00 $152,900.00
magnetic flow meters,new closed loop cooling system for
emergency generator,new air conditioning unit,
replacement of exhaust fans,and relocation of ammonia
eauioment and oiolno as required,
Electrical Improvements. Furnish all labor,materials,
supplies and equipment for complete electrical work
including but not limited to wire,fiber,conduit,pull boxes,
4 LS 1 $121,540.00 $121,540.00 1 $74,900.00 $74,900.00
grounding systems,lightning protection system,breakers,
electrical distribution system and Arc-flash study and
labelling
I&C Improvements. Furnish all labor,materials,supplies
5 and equipment for complete 18C work including but not LS 1 $120,240.00 $120,240.00 1 $95,300.00 $95,300.00
limited to instruments and devices,PLC programming,and
integration into CCPU existing SCADA system.
6 Startup and Testing. Furnish all labor,materials, LS 1 $23,600.00 $23,600.00 1 $19,200.00 $19,200.00
supplies and equipment for startup and testing services.
7 Allowance for Additional Work as Directed by the T+M 1 545,000.00 $45,000.00 1 $45,000.00 $45,000.00
Owner
TOTAL BID(FIGURES)= $516,130.00 TOTAL BID(FIGURES)_ $528,300.00
Five Hundred Sixteen Thousand One Five Hundred Twenty Eight
TOTAL BID(WRITTEN)= Hundred Thirty Dollars and Zero TOTAL BID(WRITTEN)=Thousand Three Hundred Dollars end
Cents Zero cents
Material Manufacturers Yes Yes
List of Major Subcontractors Yes Yes
Immigration Law Affidavit Certification Yes Yes
Statement of Experience Yes Yes
Trench Safety Act Yes Yes
Local Preference Yes Yes
Bidders Check List Yes Yes
Substitute W-9 Yes Yes
Bid Bond Yes Yes
Insurance Certificate Yes Yes
Opened By:Swainson Hall,Procurement Strategist
Witnessed By:Diana DeLeon,Purchasing Technician
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AZCOMAECOM 239-278-7996 tel
4415 Metro Parkway Ste.404 239-278-0913 fax
Fort Myers,FL 33916
www.aecom.com
March 3, 2015
Mr.Thomas Sivert, P.E.
Senior Project Manager
Public Utilities Planning and Project Management
RE: Goodland Pump Station Improvements - Collier County Solicitation#15-6402
Letter of Recommendation to Award Contract
Mr. Sivert,
Pursuant to your request, AECOM Technical Services, Inc. has reviewed the apparent
low bidder's (Quality Enterprises USA, Inc.) bid proposal for the Goodland Pump Station
Improvements. This bid was received by Collier County and opened at 3:00 PM on February
26, 2015, at the County's Purchasing Department located at 3327 Tamiami Trail East,
Naples, FL 3412. The County's Purchasing Department reviewed the bid for completeness,
bidder's responsiveness, and mathematical correctness. AECOM's review included a
comparison of Quality Enterprises USA, Inc.'s bid proposal with other submitted bids and
the Engineers estimate.
Two bids were received by the County from General Contractors. The bids and the Engineer's
Opinion of Probable Construction Cost are summarized below:
Bidder Base Bid
Mitchell & Stark Construction Company, Inc. $528,300.00
Quality Enterprises USA, Inc. $516,130.00
Engineer's Estimate $497,000.00
Based upon the information provided to the County with the bid, and evaluation of the
bids, AECOM recommends the award of the contract to Quality Enterprises USA, Inc. in
the amount of$516,130.00.
We appreciate the opportunity to assist the County on this important project. If you have any
questions or if you require any additional information, please do not hesitate to contact
me directly at 239-278-7996.
Sincerely,
AECOM Technical Services, Inc.
Don Bramlett,P.E.
Project Manager
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor')
of 3894 Mannix Drive, Suite 216, Naples, Florida 34114-5406, a corporation, authorized _
to do business in the State of Florida, to perform all work ("Work") in connec on with
Goodland Pump Station Improvements, Bid No. 15-6402 ("Project"), as said Wok is set
forth in the Plans and Specifications prepared by AECOM, the Engineer and/or rchitect
of Record ("Design Professional") and other Contract Documents hereafter spec fled.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits des ribed in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and y duly
executed and issued addenda, Change Orders, Work Directive Changes, Fiel Orders
and amendments relating thereto. All of the foregoing Contract Docum nts are
incorporated by reference and made a part of this Agreement (all of said do uments
including the Agreement sometimes being referred to herein as the " ontract
Documents" and sometimes as the "Agreement" and sometimes as the "Contr ct"). A
copy of the Contract Documents shall be maintained by Contractor at the Proje t site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the ontract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, fnancin , labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind nd type
necessary to diligently, timely, and fully perform and complete in a god and
workmanlike manner the Work required by the Contract Documents.
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Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenant 1 in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees t pay, or
cause to be paid, to Contractor the following amount (herein "Contract Am unt"), in
accordance with the terms of this Agreement: Five Hundred Sixteen Thous nd One
Hundred Thirty Dollars and Zero Cents ($516,130.00).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
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underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requiremen s of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of uthority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Co panies"
circular. This circular may be accessed via the w b at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be I ss than
$500,000, the requirements of Section 287.0935, F.S. shall govern the ra ing and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, ecomes
insolvent, its right to do business is terminated in the State of Florida, or it cases to
meet the requirements imposed by the Contract Documents, the Contractor sh II, within
five (5) calendar days thereafter, substitute at its cost and expense another b nd and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proce d to be
issued by the Project Manager, as hereinafter defined. Contractor shall comm nce 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 perf rmed by
Contractor prior to the Commencement Date shall be at the sole risk of C ntractor.
Contractor shall achieve Substantial Completion within one hundred and eighty (180)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or d signated
portions thereof) for the use for which it is intended. Contractor shall achi ve Final
Completion within thirty (30) calendar days after the date of Substantial Co pletion.
Final Completion shall occur when the Agreement is completed in its a tirety, is
accepted by the Owner as complete and is so stated by the Owner as comp) ted. As
used herein and throughout the Contract Documents, the phrase "Project anager"
refers to the Owner's duly authorized representative and shall mean the I Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Ag eement,
Owner will suffer financial loss if Contractor fails to achieve Substantial C mpletion
within the time specified above, as said time may be adjusted as provided for erein. In
such event, the total amount of Owner's damages, will be difficult, if not imps sible, to
definitely ascertain and quantify. Should Contractor fail to achieve S bstantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, nine hundred and eighty
seven dollars ($987.00) for each calendar day thereafter until Substantial Completion is
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achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages inc rred by
Owner as a result of Contractor failing to timely achieve Final Completion. Th Project
shall be deemed to be substantially completed on the date the Project Mana er (or at
his/her direction, the Design Professional) issues a Certificate of Substantial C mpletion
pursuant to the terms hereof. Contractor hereby expressly waives and relinqui hes any
right which it may have to seek to characterize the above noted liquidated da ages as
a penalty, which the parties agree represents a fair and reasonable estima a of the
Owner's actual damages at the time of contracting if Contractor fails to Subst ntially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed t exclude
the first day and include the last day of such period. If the last day of any su h period
falls on a Saturday or Sunday or on a day made a legal holiday by the la of the
applicable jurisdiction, such day shall be omitted from the computation, and th last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in cafe dar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agre ment or
any other agreement between Owner and Contractor, as payment on such I quidated
damages due under this Agreement in Owner's sole discretion. Notwit standing
anything herein to the contrary, Owner retains its right to liquidated damages die under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
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G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has mpleted
in its entirety all of the Work and the Owner has accepted all of the Work an notified
the Contractor in writing that the Work is complete. Once the Owner has appr ved and
accepted the Work, Contractor shall be entitled to final payment in accordanc with the
terms of the Contract Documents.
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H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages fro a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this A reement
through the liquidated damages does not preclude Owner from recover ng from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
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Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be in rporated
by reference and made a part of this Agreement for Solicitation 15-6402 oodland
Pump Station Improvements. ; .
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions �
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details (if applicable)
Exhibit M: Plans and Specifications prepared by AECOM
as shown on Plan Sheets
Exhibit N: Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Tom Sivert
Engineering, Collier County Public Utilities Division
3339 Tamiami Trail E, Naples, Florida 34112
Telephone: (239) 252-5376 Fax: (239) 252-5378
TomSivert(c colliergov.net
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B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S Mail, E-
mail or Facsimile, addressed to the following:
Louis J. Gaudio
Vice President, Quality Enterprises UA, Inc.
3894 Mannix Drive, Suite 216, Naples, Florida 34114-5406
Telephone: (239) 435-7200 Fax: (239) 435-7202
Igaudioegeusa.com
change its above noted address by giving written noti to the
C. Either party may g y g g no‘
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledg s that it
has been informed by Owner of the terms of Section 287.133(2)(a) of th Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon 00 parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
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Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time an' one or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce ach and
every such provision. i
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprise the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or p yments
made prior to the execution hereof shall be deemed merged in, integra ed and
superseded by the Agreement.
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Section 14. Severability.
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Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the bene it of one
of the parties shall be construed against the benefited party) shall not be appliTd to the
construction of this Agreement.
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Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the ontract
Documents, the terms of the Construction Agreement and the General Te ms and
Conditions shall take precedence over the terms of all other Contract Do uments
including the Owner's Board approved Executive Summary, except the term of any
Supplemental Conditions shall take precedence over the Construction Agree ent and
the General Terms and Conditions. To the extent any conflict in the term of the
Contract Documents cannot be resolved by application of the Supplemental Co ditions,
if any, or the Construction Agreement and the General Terms and Conditi ns, the
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conflict shall be resolved by imposing the more strict or costly obligation udder the
Contract Documents upon the Contractor at Owner's discretion.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES: Quality Enterprises USAI Inc.
By:
FIRST WITNESS
Print Name and Title Date
Print Name
SECOND WITNESS
Print Name
Date: OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
BY: BY:
Tim Nance Date
Chairman
Approved as to Form and Legality:
Assistant County Attorney
Print Name
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EXHIBIT A: PUBLIC PAYMENT BOND
Goodland Pump Station Improvements
Bond No.
Contract No. 15-6402
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal,
and , as
Surety, located at
(Business Address) are held and firmly bound to
as Obligee 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
2015, with Obligee for
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred • herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1); Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or ihdirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance With any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than tie 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 2015, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
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OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
CA
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EXHIBIT A: PUBLIC PERFORMANCE BOND
Goodland Pump Station Improvements
Bond No.
Contract No. 15-6462
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located I at
I
(Business Address) are held and firmly bound' to
, as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the ! day of
, 2015, with Obligee I for
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
I
1. Performs the Contract at the times and in the manner prescribed in the dontract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, inciucing, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligei e; 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 remain in full
force. Any changes in or under the Contract and compliance or noncomplia ce with
any formalities connected with the Contract or the changes do not affect ureties
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 otheriwork to
be performed hereunder, or the specifications referred to therein shall in anywi0e affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bons. It is
expressly understood that the time provisions and statute of limitations under lSection
255.05, Florida Statutes, shall not apply to this bond.
CA
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In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may 1:4 filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 2015, 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
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged , before me this day of
, 2015, 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
cA
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by , as
of , a Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
44
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EXHIBIT B: INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from
responsible companies duly authorized to do business in the State of Florid as set
forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain Property
insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate
Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of
each and all of them, all damages covered by property insurance provided' herein,
except such rights as they may have to the proceeds of such insurance. The jVendor
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 requirementsi 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 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 "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 EXHIBIT B with the use of Insurance Services Offide (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.
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Coverage shall be maintained without interruption from the date of commenqement of
the Work until the date of completion and acceptance of the scope of work by the
County or as specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to
the County of policy cancellation or non-renewal on the part of the insurance (carrier or
the Vendor. The Vendor shall also notify the County, in a like manner, with twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-r newal or
material change in coverage or limits received by Vendor from its insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event
of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,
Vendor shall immediately take steps to have the aggregate limit reinstated t the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage require herein,
the County may terminate the Agreement or at its sole discretion shall be aut orized to
purchase such coverages and charge the Vendor for such coveragets purr ased. 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 u der this
Agreement or any other agreement between the County and Vendor. The Co my shall
be under no obligation to purchase such insurance, nor shall it be responsib for the
coverage purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prig 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.
,
48
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Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
Insurance l Bofld.Type "T equIretl >m1t {.
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Compensation Government Statutory Limits and Requirements
2. ®Employer's Liability $500.000 single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence
Form)patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate fbr Bodily
current ISO form Injury Liability and Property Damage Liability. This shall includa
Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees
and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized b'the
ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate,abridge
or reduce any other rights or remedies which otherwise may be available
to an indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ®Automobile Liability $1 000.000 Each Occurrence; Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall
be maintained where applicable to the completion of the work.
$ Per occurrence
❑ Maritime Coverage(Jones Act) shall be maintained where applicable
to the completion of the work.
$ Per Occurrence
ii
❑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
$ 1.000.000 Per Occurrence
❑ Professional Liability $ per claim and in the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
47
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❑Valuable Papers Insurance $ Per Occurrence
6. ® Bid bond Shall be submitted with proposal response in the form of certifi d funds,
cashiers'check or an irrevocable letter of credit, a cash bond ted with
the County Clerk,or proposal bond in a sum equal to 5%of th cost
proposal.All checks shall be made payable to the Collier Cou Board of
County Commissioners on a bank or trust company located in he State
of Florida and insured by the Federal Deposit Insurance Corpo ation.
7. ® Performance and For-projects in excess of$200,000, bonds shall be submitted v'ith the
Payment Bonds executed contract by Proposers receiving award, and written f r 100% of
the Contract award amount,the cost borne by the Proposer re eiving an
award.The Performance and Payment Bonds shall be unde itten by a
surety authorized to do business in the State of Florida and of erwise
acceptable to Owner; provided, however, the surety shall be r ed as"A-"
or better as to general policy holders rating and Class V or hig er rating
as to financial size category and the amount required shall not exceed
5%of the reported policy holders'surplus, all as reported in th most
current Best Key Rating Guide, published by A.M. Best Comp ny, 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 Commission rs, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County.
10. ® Thirty(30) Days Cancellation Notice required.
LJB 1/5/2015
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
48
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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 's subcontractors,
material-men, successors and assigns, all claims demands, damages,-costs and expenses, whether i contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the erformance of the
Agreement between Contractor and Owner dated , 2015 for a period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or fair which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Applicatign for Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2015,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.l
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
49
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EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT •
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners(the OWNER)or Purchase Order No.
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 Price: $
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 Retainage $
Total Earned Less Retainage ! $
Percent Work completed to Date: % Less previous payment(s) $
Percent Contract Time completed to Date % AMOUNT DUE THIS
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 appli d 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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: .(Contractor's Name)
(Signature) DATE:
(Type Name&Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
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)
•
50
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Packet Page -1196-
4/28/2015 16.C.2.
EXHIBIT E: CHANGE ORDER
TO: FROM: Collier County Government
Project Name: Construction Agreement Dated:
Bid No. :
Change Order No.: Date:
Change Order Description
Original Agreement Amount $
Sum of previous Change Orders Amount $
This Change Order Amount $
Revised Agreement Amount $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contactor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Authorized by: Date:
Division Administrator
(For use by Owner: Fund Cost Center: Object Code: Project
Number: )
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EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or d ignated
portion) is sufficiently complete in accordance with the Contract Documents so that a Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND! DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be'completed
or corrected by CONTRACTOR within days of the above date of Substantial Complletion.
The responsibilities between OWNER and CONTRACTOR for security,operation,safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
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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
55
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EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:_ 2015
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to th s form).
3. Effective date of General one year warranty from Contractors:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted(list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operatioh.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Nam &Title)
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By Design
Professional: (Firm Name
(Signature)
(Typed Name&Title)
By Owner. (Department Name)
(Signature)
(Name&Tithe)
•
•
57
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result 1 shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction lover the
Project, whether such reference be specific or by implication, shall mean tjhe latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers 2 conflict,
error or discrepancy in the Contract Documents, Contractor immediately shill report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings, Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other;Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
58
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availability and quality of labor; water and electric ower availability and condition of
Y 9 tY P tY
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during perforM ante of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, lrainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly jshoring,
supporting and protecting all Utilities at all times during the course of the Wbrk. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inl erent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its Scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first obser(rance of
such conditions. Owner and Design Professional shall promptly investigajte such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice ofIIAward,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedile shall
relate to all Work required by the Contract Documents, and shall utilize the CritiOal Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and -
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance With the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., ■Aonday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contrac or shall
submit to Project Manager, for their review and approval, a schedule of value based
upon the Contract Price, listing the major elements of the Work and the dollar alue for
each element. After its approval by the Project Manager, this schedule of val es shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed;copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount lof each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written epproval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Contractor shall submit all Applications for Payment to the County's Project
Manager and/or his designee.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is regtested on
the basis of materials and equipment not incorporated into the Project, but 'delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that tine Owner
has received the materials and equipment free and clear of all liens, charges security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D-3.
4.5 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for P*ment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested ayment,
stating in writing its reasons therefore; or (3) return the Application for Paym nt to the
Contractor indicating, in writing, the reason for refusing to approve payment. ayments
of proper invoices in the amounts approved shall be processed and paid in ac ordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days ' fter the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each' monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed tb by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the perce, tape of
cumulative retainage held throughout the course of the Project schedule. Owlier shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
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4.6 Monthly payments to Contractor shall in no way imply approval or accebtance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as xhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has ben paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Co tractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which) shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute) are due
and payable.
4.10 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or withih six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of"laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4.11 The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.j
5, PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. Th4 Project
Manager may nullify the whole or any part of any approval for payment previously
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issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonablO doubt
that the Work can be completed for the unpaid balance of the Contract Amqunt; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other Material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to 'provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including,' but not
limited to taxes or other fees) to Collier County and the contractor has not satiOfied 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 and/or for materials delivered in association with a contract.
6. FINAL. PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the bounty's
Purchasing Department and the Clerk of Court's Finance Department after the'Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well a , a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of ny and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance With the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
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Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all req irements
for approval of materials to be submitted such as shop drawings, data, te4t results,
schedules and samples. Contractor shall submit all such materials at its owns,expense
and in such form as required by the Contract Documents in sufficient time tO prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the`Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the! material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor tb Project
Manager within thirty (30) calendar days after Notice of Award is rec,ived by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance; thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service ;shall be
indicated. The application also shall contain an itemized estimate of all costsi that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or;utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
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the Project Manager to determine that the substitute proposed is equivalent!to that
indicated or required by the Contract Documents. The procedures for submi sion to
and review by the Project Manager shall be the same as those provided heein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contr ctor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by thel Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Profe$sional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and ssibmit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
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8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance. ,
The daily log shall not constitute nor take the place of any notice required to b4 given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throu hout the
prosecution of the Work to accurately reflect all field changes that are made to dapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to dept and in
relationship to not less than two (2) permanent features (e.g. interior or ext�rior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The "As-
Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment,these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owrper.
8.3 Contractor shall keep all records and supporting documentation, which concern
or relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later, pursuant to Florida Public Records Law
Chapter 119, including specifically those contractual requirements in F.S. §
119.0701(2(a) (d) and (3) as follows:
(2) in addition to other contract requirements provided by law, each public
agency contract for services must include a provision that requires the
contractor to comply with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessaril would
be required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a post that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to the public agency all public records in possession of the
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contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclos+ce requirements. All records stored electron icallyf must
be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public
agency shall enforce the contract provisions in accordance with the contract.
9. CONTRACT TIME AND TIME EXTENSIONS. ,
9.1 Contractor shall diligently pursue the completion of the Work and coordipate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Woek or the
work of others shall not be delayed or impaired by any act or omission by Co tractor.
Contractor shall be solely responsible for all construction means, methods, tec niques,
sequences, and procedures, as well as coordination of all portions of the Wok under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature br of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no darhages 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 stich time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to I continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
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10.1 Owner shall have the right at any time during the progress of the! Work to
increase or decrease the Work. Promptly after being notified of a change, C);ontractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or propekty, 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 Contract r for any
increased compensation without such written order. No officer, employee oil agent of
Owner is authorized to direct any extra or changed work orally. Any alleged!changes
must be approved by Owner in writing prior to starting such items. Owner Will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an adrrlission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement; shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make] a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of th change
(including allowance for labor burden costs) plus a maximum ten percent (10% markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and prdfit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). AU compensation due Contractor and any Subcontractor! or sub-
subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any char a order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
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10.5 Owner shall have the right to conduct an audit of Contractor's books and !records
to verify the accuracy of the Contractor's claim with respect to Contractor'is costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Vork not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes'may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the 1 County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative prdceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
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Contractor will be deemed to have waived any rights it otherwise may have hald to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional rhork with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make itS several
parts come together properly and integrate with such other work. Contractor)shall not
endanger any work of others by cutting, excavating or otherwise altering their Work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contragtor under
this paragraph are for the benefit of such utility owners and other Contract rs to the
extent that there are comparable provisions for the benefit of Contractor in sid direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results!upon the
work of any other contractor or utility owner (or Owner), Contractor shall ins ect and
promptly report to Project Manager in writing any delays, defects or deficiencie in such
work that render it unavailable or unsuitable for such proper execution an results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilitie , claims,
damages, penalties, demands, judgments, actions, proceedings, losses qr costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees,1whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic lost, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises imrjiediately
upon presentation of a claim by any party and written notice of such clai(n being
provided to Contractor. Contractor's obligation to indemnify and defend urider this
Article 13 wilt 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 applicabl4 statute
of limitations.
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13.3 Contractor shall obtain and carry, at all times during its performance u der the
Contract Documents, insurance of the types and in the amounts set forth in Exh bit B to
the Agreement. Further, the Contractor shall at all times comply with all of th terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
I
14.1 Contractor agrees to comply, at its own expense, with all federal, state atd local
laws, codes, statutes, ordinances, rules, regulations and requirements applicabl to the
Project, including but not limited to those dealing with taxation, worker's compe sation,
equal employment and safety (including, but not limited to, the Trench Saf ty Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To th extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion o certain
terms in this Agreement in order for this Agreement to be enforceable, such ter s shall
be deemed included in this Agreement. Notwithstanding anything in the ontract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for co plying
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 anhended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laves of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), rovides
an Internet-based means of verifying employment eligibility of workers in the United St tes; it is
not a substitute for any other employment eligibility verification requirements. The pro ram will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposal (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 acOeptable
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
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page or a copy of the fully executed E-Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the
solicitation documents. If the BidderNendor doss not comply with providinci both the
acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's Oroposal
may be deemed non-responsive. r
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: htto:/Iwww.dhs.gov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this pro ram.
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Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an avard 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 sea. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris,11 rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agrieement,
or any part herein, without the Owner's consent, shall be void. If Contractor dries, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
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17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier Coun y permits
and fees, including license fees, permit fees, impact fees or inspection fees pplicable
to the Work through an internal budget transfer(s). Contractor is not respo, sibie for
paying for permits issued by Collier County, but Contractor is responsible forlacquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is !acquiring
permits. Owner will not be obligated to pay for any permits obtained by Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the W*rk which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performanlce of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement nd such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or ne lects or
refuses to remove materials or to correct or replace such Work as may be re ected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commit any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (0) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within Seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
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completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' (fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full arinount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. Tha amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-letting the Wolk, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenilence and
Contractor's remedies against Owner shall be the same as and limited to thosa afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreer>w4ent, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance 4rnder this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. j if Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
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19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such teritnination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together With any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and Occlusive
remedy shall be to seek an extension of time to its schedule in accordance With the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. if Owner, after conferring with the i Design
Professional, considers the Work (or designated portion) substantially complete,'Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Cortipletion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Cohtractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials,
supplies, and equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly approve payment, recommending that, on the basis of their observations and
inspections, and the Contractor's certification that the Work has been completed in
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accordance with the terms and conditions of the Contract Documents, that the entire
balance found to be due Contractor is due and payable. Neither the final paynjient nor
the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C. i
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of •
the Contract Documents, to the extent and in such form as May be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither lthe final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen slupplying
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 quility, 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, cleaied and
conditioned in accordance with the instructions of the applicable manu cturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or WOrk which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warra ted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedi l actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
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22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project s all have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor sha l provide
proper, safe conditions for such access. Contractor shall provide Project Mar>lager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested 1:1 Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Co tractors
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary tb written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
i
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the ,contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Document or any
warranties made or assigned by Contractor to Owner shall be deemed defecti a Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective V1iork has
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been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is Defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorheys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply'sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Document , Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein, shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's bet interest
to accept defective Work, the Owner may do so. Contractor shall bear all diredt, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such 'defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice frorjn Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
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not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude C ntractor
from any or all of the Project site, take possession of all or any part of the ork, and
suspend Contractor's services related thereto, take possession of Contracto s tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rithts and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and al Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of efgineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be alldwed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance!with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right Ito direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, Sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
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25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall'bear the
cost of any such loss or damage until final payment has been made. If Contractor or
any one for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner of Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project 1Manager
written notice within forty-eight (48) hours after Contractor knew or should haire known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents iS required
because of the action taken in response to an emergency, a Change Ordet 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.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land dr area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
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28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated±therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including g trees,
shrubs, walks, pavements, roadways, structures, utilities and any undrground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maiintain all
necessary safeguards for such safety and protection. Contractor shall notify ov,ners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with ther{i in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.'
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined I by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels. j
28.3. Contractor shall designate a responsible representative located on a fill time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any' Owner
property. All employees of Contractor, as well as those of all subcontractors an those
of any other person or entity for whom Contractor is legally liable (collectively ref rred to
herein as "Employees"), shall not possess or be under the influence of a y such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
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28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited.
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project sitelmust log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of; Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of, Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employes shall
comply with the dress, conduct and facility regulations issued by Owner' officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with anyll ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety a0 security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-coistruction
conference with the Project Manager, Design Professional and others as apprropriate to
discuss the Progress Schedule, procedures for handling shop drawings end other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
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the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager of Design
Professional. The Contractor shall have its subcontractors and suppliers attenc all such
meetings (including the pre-construction conference) as may be directed by thje Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all Contracts
awarded in excess of $25,000. To this end, vendors will be evaluated; on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requireme is of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of'Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
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Contractor represents and warrants that it will use its best efforts to cooperate with -
Owner in implementing this sales tax savings program in order to maxirrfize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase,j plus the
saved sales taxes. A Change Order shall be processed promptly after ea4h Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise 'mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality contr I for all
Direct Purchases. Notwithstanding anything herein to the contrary, C ntractor
expressly acknowledges and agrees that all Direct Purchases shall be includ d within
and covered by Contractor's warranty to Owner to the same extent as fall other
warranties provided by Contractor pursuant to the terms of the Contract Docu 'ents. In
the event Owner makes a demand against Contractor with respect to ary Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Cpntractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such f ctors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pOrtinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, Supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and bequests
for Proposal, with all affected Subcontractors and shall review the costs !of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of they Work on
this Project must be "qualified" as defined in Collier County Ordinance 12013-69,
meaning a person or entity that has the capability in all respects to perform$ fully the
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Agreement requirements with respect to its portion of the Work and has the inteigrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid tlifat were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifyiig each
Subcontractor cannot be modified, changed, or amended without prior written japproval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that iti remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shalli keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be lbound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Wurk to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Govern ent, will
be an additional insured on all liability insurance policies required to be providd by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g,, general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the SubOontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superijntendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
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33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays j in the
performance of the subcontract or purchase order caused by events beyond its;control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of cortract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and a clusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing SubmittaVApproval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
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34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
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34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a bri f update
on the Project to the Collier County Board of County Commissioners, "Board", ip to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his desigr'nee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriatje County
staff to discuss the presentation requirements and format. Presentations ma* include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned sinOe Notice
to Proceed was issued.
35. SECURITY
p
If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all
employees that shall provide services to the County under this Agreement. This may
include, but not be limited to, checking federal, state and local law enforcement records,
including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be reuired to
maintain records on each employee and make them available to the County f r at least
four(4) years.
36. VENUE
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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 ederal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
38.1 The contractor shall ensure compliance with all NFPA regulations:
specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and
780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NISTI& API
referenced standards pertaining to the storage of hazardous materials and petroleum
products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management
Department (SHWMD) prior to the installation, removal, or maintenance of any storage
tank, including day tanks for generators, storing / will be storing petroleum proOcts or
hazardous materials. The contractor shall provide a 10 day and 48 hour notice to
SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems cgntaining
hazardous materials !petroleum products to the SHWMD prior to plans submittal to a
permitting entity and then SHWMD must approve the plans prior to contractor's
submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
40. DISPUTE RESOLUTION
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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 represen atives of
CONSULTANT with full decision-making authority and by OWNER'S staff pe son who
would make the presentation of any settlement reached during negotiations toiOWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court !Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff pe son who
would make the presentation of any settlement reached at mediation to OWNER'S
board for approval. Should either party fail to submit to mediation as i required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
1. The Notice to Proceed will be issued only after the following documentation has
been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance certificate;
b. Progress schedule, which shall utilize the Critical Path mlethod of
scheduling and Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submitted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
3. All engineering site plans and drawings referencing a specific geographic area
must be submitted in an AutoCad 14 or later format drawn in the Florida State
Plane East (US Feet) Coordinate System. The drawings should either
reference specific established Survey documentation, such as Certified
Section Corners (Half or Quarter Sections are also acceptable), or be derived
from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier
County Transportation Division.
4. Other supporting documents may found at: http://bid.colliergov.net/bid/'
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EXHIBIT J:TECHNICAL SPECIFICATIONS
Supporting documents found at: http:llbid.colliergov.net/b(id/
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EXHIBIT K: PERMITS
Supporting documents found at: http:/lbid.colliergov.net/Oidl
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EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http://bid.collieroov.net/bid/
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EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.netlbidl,
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EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Kevin Smith Construction Superintendent
Lou Gaudio Project Manager
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