Agenda 05/26/2015 Item #11B 5/26/2015 11.B.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 15-6442, "Concrete: Sidewalks, Curbs, Floors
and Other Applications" to Neubert Construction Services, Inc. as the primary vendor and BQ
Concrete,LLC as the secondary vendor,Quality Enterprises,Inc. as a the tertiary vendor.
OBJECTIVE: To provide for Concrete;Road Sidewalk Curb,Floor Install,Repairs and related services
for all County Departments on an as needed basis.
CONSIDERATIONS: Notices of the solicitation were sent to 636 firms, and 17 companies requested
bid packages,4 submitted bids by the deadline of May 6,2015. This bid award was based on a weighted
formula. The formula resulted in the following results:
CONTRACTOR AWARD FORMULA TOTAL
Neubert Construction Services,Inc. $8,502.13
BQ Concrete $8,690.00
Quality Enterprises USA,Inc. $11,468.75
Bonness,Inc. $12,463.45
Staff is recommending that ITB 15-6442 be awarded to Neubert Construction Services, Inc. as the
primary vendor, BQ Concrete, LLC as the secondary vendor, and Quality Enterprise USA, Inc., as the
tertiary vendor;with services to be issued on a County Purchase Order on an as needed basis.
/"1 Operating departments will issue Collier County's standard purchase order terms and conditions to
commence work with the vendor.
FISCAL IMPACT: Funds for these services shall come from each individual department's budget as
projects are identified and historically the annual amount spent on these services have been approximately
$1,400,000.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management
Plan,it is consistent with the goals of the County to streamline and expedite the procurement of services.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners award ITB 15-6442, "Concrete:
Sidewalks, Curbs, Floors and Other Applications"contract to Neubert Construction Services, Inc. as the
primary vendor, BQ Concrete, LLC as the secondary vendor, and Quality Enterprise USA, Inc. as the
tertiary vendor, and authorize the Chairman to sign the attached Agreements after final County Attorney
review. The work will be issued pursuant to a standard County Purchase Order on an as needed basis.
Prepared by: JR Gorentz, Supervisor of Road Maintenance Projects and Contracts,Road Maintenance.
GMD
Attachments: 1)Agreement for Neubert Construction;2)Agreement for BQ Concrete; 3)Agreement for
Quality Enterprises;4)Addenda 1-4;5)Bid Tab;and 6)Solicitation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.8.
Item Summary: Recommendation to award Invitation to Bid (ITB) 15-6442, "Concrete:
Sidewalks, Curbs, Floors and Other Applications" to Neubert Construction Services, Inc. as the
primary vendor and BQ Concrete, LLC as the secondary vendor, Quality Enterprises, Inc. as a
the tertiary vendor.
Meeting Date: 5/26/2015
Prepared By
Name: LynchDiane
Title: Supervisor-Operations, Growth Management Department
5/11/2015 10:33:12 AM
Approved By
Name: GossardTravis
Title: Division Director-Road Maintenance, Growth Management Department
Date: 5/11/2015 2:13:44 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 5/11/2015 2:38:11 PM
Name: LaPierreBarbara
Title: Management/Budget Analyst, Growth Management Department
Date: 5/11/2015 2:58:29 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 5/11/2015 3:58:11 PM
Name: GorentzJR
Title: Supervisor-Road Maint Cont&Projects, Growth Management Department
Date: 5/11/2015 4:34:18 PM
Name: LynchDiane
Title: Supervisor-Operations, Growth Management Department
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Date: 5/11/2015 5:06:48 PM
Name: EvelynColon
Title: Purchasing-Procurement Specialist
Date: 5/12/2015 5:05:26 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Administrative Services Department
Date: 5/12/2015 7:09:21 PM
Name: HerreraSandra
Title: Manager-Procurement, Administrative Services Department
Date: 5/13/2015 7:41:38 AM
Name:NorthrupAdam
Title: Procurement Specialist,Administrative Services Department
Date: 5/13/2015 8:01:34 AM
Name: JohnsonScott
Title: Manager-Procurement, Administrative Services Department
Date: 5/13/2015 8:04:59 AM
Name: LynchDiane
Title: Supervisor-Operations, Growth Management Department
Date: 5/13/2015 10:10:53 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/13/2015 12:53:26 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/13/2015 1:54:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2015 1:36:55 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/14/2015 2:48:41 PM
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AGREEMENTI5-6442
for
Concrete:Sidewalks,Curbs,Floors and Other Applications
THIS AGREEMENT is made and entered into this day of , 2015, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Neubert Construction Services, Inc.,
as Primary Contractor, authorized to do business in the State of Florida, whose business address is
2975 McGregor Boulevard, Fort Myers, Florida 33901 (hereinafter referred to as the "Contractor").
W ITNESSETH:
1. COMMENCEIVENT. The Contract shall be for a one (1) year period, commencing on June 11,
2015, and terminating one (1) year from that date, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed
or terminated. This contract shall have three (3) additional, one year renewals, renewable
annually.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all
of the terms and conditions contained in this Agreement for up to one hundred eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of
the Agreement term then in effect.
2. STATEIVENC OF WORK The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of
Work, hereby attached and incorporated by reference. Each awardee will enter into a Contract
to provide services for "Concrete: Sidewalks, Curbs, Floors and Other Applications" on an as-
needed basis and as may be required by the Owner in accordance with the terms and
conditions of ITB# 15-6442 and the Contractor's proposal, which is incorporated by reference
and made an integral part of this Contract.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Growth Management Department, any County
Department may use this Contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Primary Contractor. The Primary Contractor shall
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have five (5) business days to respond that they are willing and able to complete the job(s) in
the required time frame. The Buser department will then issue a Purchase Order for the work.
If the Primary Contractor cannot provide requested services within the timeframe specified by
the user department, then the Secondary Contractor will then be contacted. The Secondary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
If the Secondary Contractor cannot provide requested services within the timeframe specified
by the user department, then the Tertiary Contractor will then be contacted. The Tertiary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
In each description of work, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; and time and materials or
lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
project manager or his designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. TEE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB# 15-6442 per Exhibit B,
Price Schedule, attached herein and incorporated by reference and/or subsequent proposals.
This Contract will be Purchase Order driven.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Neubert Construction Services, Inc.
2975 McGregor Boulevard
Fort Myers,Florida 33901
Phone: 239-332-8800
Email: ncsineubertconstruction.com
Attn:Tyler M. Neubert,Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
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Collier County Government Complex
Procurement Service. Divsion
3327 East Tamiami Trail
Naples,Florida 34112
Attention: Joanne Maridewicz
Director,Procurement Services Division
Phone: 239-252-8407
Fax 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHP. Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
6. PERMITS: LICENSES: TABS. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex,
color, creed or national origin.
10. INSURANCE E The Contractor shall provide insurance as follows:
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A. Commercial General!lability: Coverage shall have minimum limits of$1,000,000 Single Limit Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. &.siness Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
12. PAYIVENTS WITHI-aD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
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inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not
remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such
claims; (c) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g)
any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
14. CHANGE IN THE WORK Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally. Any modifications to this Contract shall
be in compliance with the County Purchasing Ordinance and Procedures in effect at the time
such modifications are authorized.
15. ADDfTIONAL ITEMS/SBRVICES. Additional items and/or services may be added to this Contract
in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119,
including specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
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(c) Ensure that public records that are exempt or confidential and exempt from public
r-.
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 contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any
part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
19. ORDER OFPRECEDENCE. In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
20. Wes. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the_purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
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or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER Slh tVISOR, EMPLOYEES. The Contractor shall
employ people to work on County projects who are neat, clean, well-groomed and courteous.
Subject to the American with Disabilities Act, Contractor shall supply competent employees
who are physically capable of performing their employment duties. The County may require
the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
22. itsiS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
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25. : ".9RAGTADMINISTP.ATION. This Agreement shall be administered on behalf of the County by
the Growth Management Department.
26. CONPONENT PARTS OF THIS COIJ1RA T. This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6442 any
addenda, etc, made or issued pursuant to this Agreement.
27. PROHBRION OFGIFTSTO COUNTY EMPL OYES. No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation
of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a
specified period of time; b. Prohibition by the individual and/or firm from doing business with
the County for a specified period of time, including but not limited to: submitting bids, RFP,
and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
28. SU3ECT TO APPROPRIATION. It is further understood and agreed, by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
29. S L$TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
30. IM MIGRATION LAWCOMPLIANOE. By executing and entering into this agreement, the Contractor
is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at
8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
31. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
32. OFFER MENDED TO OTT-ER GOVERNNBMAL ENMES. Collier County encourages and agrees to
the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in
effect.
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34. 93:1RITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four (4) years.
35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full
decision-making authority and by County's staff person who would make the presentation of
any settlement reached at mediation to County's board for approval. Should either party fail
to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
36. SAFETY. All contractors and subcontractors performing service for Collier County are required
and shall comply with all Occupational Safety and Health Administration (OSHA), State and
County Safety and Occupational Health Standards and any other applicable rules and
regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as
the owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
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IN Wff1ESS WI-EFEAF, the Contractor and the County, have each, respectively, by an authorized
4 r r hands seals the date first written.
or agent, hereunder set thei, han�� and �..ais on th„ ..u..., and year .:...t above wr.....n.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Neubert Construction Services, Inc.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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Bchibit A—Scope of Work
Portland Cement Concrete — Class 1
Intent of Contract: The intent of the Contract is to provide for the construction and completion in every
detail of the work described in the Contract. Contractor is responsible to furnish all labor, materials,
equipment, tools, transportation, and supplies required to complete the work in accordance with the
Contract Documents.
Prices quoted in this FIB shall include all man hours,full restoration and Maintenance of Traffic(MOT)unless
otherwise noted. Full restoration is defined as bring the disturbed area back to original or better
conditions. Areas that are disturbed due to Contractor staging area will be restored by Contractor at
no additional cost to the Department. Contractor must supply a fist of all equipment on hand to perform
standard concrete repairs and installation.
Work not covered by Standard Specifications: Proposed construction and any contractual requirements
not covered by these Standard Specifications may be covered by Contract plan notes or by
Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland
;ement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
Measurement of concrete
Square Yards are bid at unit price for six (6) inches of thickness, for thicknesses other than six inches
a multiplier will be used to calculate the square yards. (e.g. eight inches thick would use a 1.33
multiplier so that one square yard eight inches thick would be equivalent to 1.33 square yards for
payment purpose, four inches thick would use a 0.67 multiplier which one square yard four inches
thick would be equivalent to .67 square yards for payment purposes, 12 inches thick would use a 2.0
multiplier so that one square yard 12 inches thick would be equivalent to 2.0 square yards for
payment purposes, etc.) All sidewalk slabs shall have a minimum of six(6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement Section 921
(b) Fine Aggregate Section 902
(c) Coarse Aggregate Section 901
(d) Water Section 923
fie) Chemical Admixtures Section 924
,f) Pozzolans and Slag Section 929
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Materials
Meet the requirements specified in section 520-2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
Forams
Provide forms as specified in section 520-3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
Excavation
Excavation to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for removing all roots, vegetation, unauthorized piping and
other structures and items located in the footprint of where the work is to take place at no
additional cost to the using Department; all cost should be included with the unit price of pay
item being used. Upon discovery of active piping in the footprint the contractor will be
responsible for capping off piping that may cause washouts or other damage to the location at
no additional cost to the department.
Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material
that may be required under sidewalk to be removed and/or added, to keep consistent with the
existing sidewalk elevation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used.
Bcpansion Joints
Form '/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction or most current edition approved by Project Manager, and revisions thereto current at
the time of contract letting.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open-Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete
on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint,
remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1/2
inch radius.
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 '/2
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
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• 3/16 inch Saw cut joints, 11/2 inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
• 3/16 inch Saw cut joints, 11/2 inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than 1/4 inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of 1/2 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
1/2 inch center to center.
Curing
.ure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admbcture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MDUNG AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
concrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
^requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
and other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Y.F
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Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
CONTROL OF QUALITY
Concrete Mix Design
Before producing any concrete, submit the proposed mix design to the Supervisor of Road
Maintenance Contracts and Projects on a form provided by the Department. Use only concrete mix
designs meeting the following requirements and having prior approval of the Supervisor of Road
Maintenance Contracts and Projects. Maximum water to cementitious materials ratio 0.55 lbs/lbs
[0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious
Materials Content 470 lbs/yd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be
adjusted provided that the theoretical yield requirement of the approved Mix design is met. Show all
required original approved design mix data and batch adjustments and substituted material on the
Department concrete delivery ticket. The Supervisor of Road Maintenance Contracts and Projects
may disqualify any concrete production facility for non-compliance with Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
specification requirements. Concrete acceptance by the Department will be by Certification on the
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of
concrete that do not meet specification requirements, or exceeds the allowable slump or water to .-.
cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet
the 28-day compressive strength requirements. At the sole option of the Department, the Supervisor
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of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
'..-``ieto rmined that the concrete may no t serve its intended function.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
CONC ETE GLITTER,CURB E-I.ENENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting.
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and
revisions thereto current at the time of contract letting.
Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
=cm Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forams
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for any limerock base/fill material that may be required to be
removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the
using Department; all cost should be included with the unit price of pay item being used. This item
also includes removal of roots, unauthorized piping or other structures or items that have
---intentionally/unintentionally been placed in footprint of the work to be completed that must be
removed.
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Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either
formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they
are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete.
Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them
while the forms are still in place. Saw contraction joints, for machine placed items, unless the
Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the
joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and
before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet
except where closure requires a lesser interval, but do not allow any section to be less than four (4)
feet in length.
Expansion Joints
Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or
by Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between
other expansion joints or ends of a run. Ensure that the joint is 1/2 inch in width.
Finishing—Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub
further, using thin grout or mortar.
Curing—General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing
after completely finishing and as soon as the concrete has hardened sufficiently to permit application
of the curing material without marring the surface. Immediately replace any curing material removed
or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
Wet Burlap Method
Place burlap, as specified in section 925-1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to
ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely
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in place such that it will be in continuous contact with the concrete at all times, and do not allow any
arth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the
ourlap with water before placing it, and keep it thoroughly wet throughout the curing period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and revisions thereto current at the time of contract letting, by a hand sprayer meeting
the requirements of section 350-3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, in a single coat continuous film at a uniform coverage of at least two hundred (200) square
feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating.
Thoroughly agitate the curing compound in the drum prior to application, and during application as
necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient
extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six
(6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all
times.
,..ackfilling and Compaction
after the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible
for any limerock base/fill material that may be required to be removed and/or added, to keep
consistent with the existing elevation(s) at no additional cost to the using Department; all cost
should be included with the unit price of pay item being used). Place and thoroughly compact
the material in layers not thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the
centerline of the roadway and while the concrete is still plastic. Perform straight edging along the
edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as
directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct
irregularities in excess of inch.
Quality&Final Cleaning Up of Right-of-Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right-of-way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; and
leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
^equipment, on abutting property, with or without the consent of the property owners. Areas
determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects,
shall be removed and replaced at no additional cost to the Department. Repairs shall be completed
SY
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prior to submission of the Contractor's invoice for work accomplished during the cycle. However, the
Director of Road%Y1aintvitufl :C's judgment when evaluating completed work shall be final,
UMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require the
Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTORS SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is provided
to the awarded Contractor. Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and
with other contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and/or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is
in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who
speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has
at least one year of experience directly related to worksite traffic control in a supervisory or
responsible capacity and is certified by the American Traffic Safety Services Association Worksite
Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty-four (24) hour per day basis, and who reviews the project on a day-to-day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
equipment and materials needed to maintain traffic control and handle traffic related situations.
Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty-
four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
traffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty-five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
ri-r(D)
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traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
'',ontracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF RANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good-faith basis.
Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to the
satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of Road
Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of whatever
nature, that may arise relative to the interpretation of the plans, construction, prosecution, and
fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and
---,materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
lave the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants: The Supervisor
of Road Maintenance Contracts and Projects may appoint such assistants and representatives, as he
desires. These assistants and representatives are authorized to inspect all work done and all
materials furnished. Such inspection may extend to all or any part of the work and to the manufacture,
preparation, or fabrication of the materials to be used. Such assistants and representatives are not
authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are
authorized to call to the attention of the Contractor any failure of the work or materials to meet the
Contract Documents, and have the authority to reject materials or suspend the work until any
questions at issue can be referred to and decided by the Supervisor of Road Maintenance Contracts
and Projects. The Supervisor of Road Maintenance Contracts and Projects will immediately notify the
Contractor in writing of any such suspension of the work, stating in detail the reasons for the
suspension. The presence of the inspector or other assistant in no way lessens the responsibility of
the Contractor. The Director of Road Maintenance will have the final authority.
DEFAULT AND TERMINATION OF CONTRACT:
Determination of Default: The Supervisor of Road Maintenance Contracts and Projects will give notice,
in writing, to the Contractor for any delay, neglect, or default, if the Contractor:
(a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the Contract;
-(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as unacceptable
and unsuitable;
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(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance
Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described above,
fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor
of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld. The Contractor shall not
be entitled to any other or further recovery against the County, including, but not limited to, any
damages or any anticipated profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his assistant
will measure all work completed under the Contract in accordance with the United States Standard
Measures [International System of Units (SI) Measures].
Scope of Payments
Items included in Payment: Accept the compensation as provided in the Contract as full payment for
furnishing all materials and for performing all work contemplated and embraced under the Contract;
also for all loss or damage arising out of the nature of the work or from the action of the elements, or
from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution
of the work until its final acceptance; also for all other costs incurred under the provisions of the
Florida Department of Transportation, Standard Specifications for Road and Bridge Construction or
most current edition approved by Project Manager, and revisions thereto current at the time of
contract letting.
For any item of work contained in the proposal, except as might be specifically provided otherwise in
the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the
pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the
complete item of work, including all requirements of the Section specifying such item of work, except
as specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or material
prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any
part of the completed work prior to final acceptance, then the Department will not allow payment for
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such defective or questioned work until the Contractor has remedied the defect and removed any
ai Ione of dniuht
u uva.v
Control of Work: The Supervisor of Road Maintenance Contracts and Projects will review completed
areas for quality and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road
Maintenance Contracts and Projects, shall be removed and replaced at no additional cost to the
Department. Negligence by the Contractor that results in damage to turf, curbs, sidewalks,
pavement or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the
Contractor to the satisfaction of the Supervisor of Road Maintenance Contracts and Projects at no
additional cost to the Department. Repairs shall be completed prior to submission of the Contractor's
invoice for work accomplished.
Basis of Payment Payment shall be full compensation for furnishing all equipment, materials, labor,
disposal, and incidentals necessary to complete all specified operations.
Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than five
(5) days in advance of the planned start day of work. Upon the receipt of such notice, the Supervisor
of Road Maintenance Contracts and Projects may give the Contractor Notice to Proceed and may
designate the point or points to start the work. In the Notice to Proceed, the Supervisor of Road
Maintenance Contracts and Projects may waive the five (5) day advance notice and authorize the
Contractor to begin immediately. Notify the Supervisor of Road Maintenance Contracts and Projects
in writing at least two (2) days in advance of the starting date of important features of the work. Do not
commence work under the Contract until after the Supervisor of Road Maintenance Contracts and
Projects has issued the Notice to Proceed. The Supervisor of Road Maintenance Contracts and
'rojects will issue the Notice to Proceed within thirty (30) days after execution of the Contract.
Compliance with Time Requirements: Commence work in accordance with the approved working
schedule and provide sufficient labor, materials and equipment to complete the work within the time
limit(s) set forth in the proposal. Should the Contractor fail to furnish sufficient and suitable
equipment, forces, and materials, as necessary to prosecute the work in accordance with the required
schedule, the Supervisor of Road Maintenance Contracts and Projects may withhold all estimates
that are, or may become due, or suspend the work until the Contractor corrects such deficiencies. A
deduction of ten percent(1 O%)will be deducted from invoices for non-compliance with quoted time frames.
Pre-construction Conference: Immediately after awarding the Contract but before the Contractor begins
work; the Supervisor of Road Maintenance Contracts and Projects will call a pre-construction
conference at a place the Supervisor of Road Maintenance Contracts and Projects designates to go
over the construction aspects of the project. Attend this meeting, along with the Department and the
various utility companies that may be involved with the repair. This meeting will be mandatory.
End of Exhibit A
Exhibit B—Price Schedule
— Item 63 will be used for items other than sidewalks, to include but not limited to such items as: reinforced box
culverts, catch basins, slabs, retaining walls, headwalls, loading ramps, boat ramps, fixed water control
structures, footers, etc.
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Items 23 thru 25 & 71 thru 80 will be reported on a "Daily Activity Log" and used only when pre- authorized in
writing from the Contract Supervisor or authorized County Representative.
Category Item Description Unit of Line item
measure price
1 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE E) Linear Ft $ 7.50
(Less than or equal to 150 Linear Foot)*
2 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE E)(Less than or Linear Ft $ 15.00
equal to 150 Linear Foot)*
3 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE F) Linear Ft $ 7.50
(Less than or equal to 150 Linear Foot)*
4 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE F) (Less than or Linear Ft $ 15.00
equal to 150 Linear Foot)*
5 Curb and Gutter Items Concrete Curb (TYPE A) Removal & Disposal (Less than Linear Ft $ 7.50
or equal to 150 Linear Foot)*
6 Curb and Gutter Items Concrete Curb (TYPE A) Install (Less than or equal to 150 Linear Ft $ 15.00
Linear Foot)*
7 Curb and Gutter Items Concrete Curb (TYPE B) Removal & Disposal (Less than Linear Ft $ 7.50
or equal to 150 Linear Foot)*
8 Curb and Gutter Items Concrete Curb (TYPE B) Install (Less than or equal to 150 Linear Ft $ 15.00
Linear Foot)*
9 Curb and Gutter Items Concrete Curb (TYPE D) Removal & Disposal (Less than Linear Ft $ 7.50
or equal to 150 Linear Foot)*
10 Curb and Gutter Items Concrete Curb (TYPE D) Install (Less than or equal to 150 Linear Ft $ 15.00
Linear Foot)*
11 Curb and Gutter Items Concrete Curb (Drop Curb) Removal & Disposal (Less Linear Ft $ 7.50
than or equal to 150 Linear Foot)*
12 Curb and Gutter Items Concrete Curb (Drop Curb) Install (Less than or equal to Linear Ft $ 12.50
150 Linear Foot)*
13 Concrete Sidewalk Items Concrete Sidewalk, (New Installation)* Square Yd $ 63.00
14 Concrete Sidewalk Items Concrete Sidewalk, (Removal & Disposal of Existing)* Square Yd $ 18.90
15 Concrete Sidewalk Items Concrete Sidewalk, (Install! Replacement)* Square Yd $ 42.75
16 Concrete Sidewalk Items ADA Sidewalk Ramps, (New Installation)* Square Yd $ 63.00
17 Concrete Sidewalk Items ADA Sidewalk Ramps, (Removal & Disposal of Existing)* Square Yd $ 20.25
18 Concrete Sidewalk Items ADA Sidewalk Ramps, (Install/ Replacement)* Square Yd $ 63.00
19 Concrete Sidewalk Items I ADA Detectable Warning Mat(Install! Replacement)* Square Ft $ 35.00
20 Concrete Sidewalk Items Concrete Grinding (County Wide)* Square Ft $ 17.50
21 Concrete Drainage Items Mitered Ends (Removal & Disposal of Existing)* Square Yd $ 100.00
22 Concrete Drainage Items Mitered Ends(Install/Replacement)* Square Yd $ 250.00
23 Miscellaneous Man Hours Construction Forman# Per Hour $ 50.40
24 Miscellaneous Man Hours Equipment Operator# Per Hour $ 45.60
25 Miscellaneous Man Hours Laborer# Per Hour $ 30.00
26 N/A
27 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE E) Linear Ft $ 7.50
(Greater than or equals to 151 Linear Foot
28 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE E) (Greater than or Linear Ft $ 12.50
equals to 151 Linear Foot
29 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE F) Linear Ft $ 7.50
(Greater than or equals to 151 Linear Foot
30 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE F) (Greater than or Linear Ft $ 15.00
equals to 151 Linear Foot
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31 Curb and Gutter Items Concrete Curb& Gutter Removal & Disposal (Special—for Linear Ft $ 10.00
any odd type)
2 Curb and Gutter Items Concrete Curb&Gutter Install (Special—for any odd type) Linear Ft $ 20.00
33 Curb and Gutter Items Concrete Curb (TYPE A) Removal & Disposal (Greater Linear Ft $ 7.50
than or equals to 151 Linear Foot)
34 Curb and Gutter Items Concrete Curb (TYPE A) Install (Greater than or equals to Linear Ft $ 12.50
151 Linear Foot
35 Curb and Gutter Items Concrete Curb (TYPE B) Removal & Disposal (Greater Linear Ft $ 7.50
than or equals to 151 Linear Foot)
36 Curb and Gutter Items Concrete Curb (TYPE B) Install (Greater than or equals to Linear Ft $ 12.50
151 Linear Foot)
37 Curb and Gutter Items Concrete Curb (TYPE D) Removal & Disposal (Greater Linear Ft $ 7.50
than or equals to 151 Linear Foot)
38 Curb and Gutter Items Concrete Curb (TYPE D) Install (Greater than or equals to Linear Ft $ 12.50
151 Linear Foot)
39 Curb and Gutter Items Concrete Valley Gutter Removal & Disposal (Less than or Linear Ft $ 10.00
equal to 150 Linear Foot
40 Curb and Gutter Items Concrete Valley Gutter Install (Less than or equal to 150 Linear Ft $ 17.50
Linear Foot
41 Curb and Gutter Items Concrete Valley Gutter Removal & Disposal (Greater than Linear Ft $ 10.00
or equals to 151 Linear Foot
42 Curb and Gutter Items Concrete Valley Gutter Install (Greater than or equals to Linear Ft $ 15.00
151 Linear Foot
43 Curb and Gutter Items Concrete Gutter Removal & Disposal (Special — for any Linear Ft $ 10.00
odd type)
44 Curb and Gutter Items Concrete Gutter Install (Special—for any odd type) Linear Ft $ 20.00
45 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Less than Linear Ft $ 10.00
or equal to 150 Linear Foot)
o Curb and Gutter Items Concrete Shoulder Gutter Install (Less than or equal to Linear Ft $ 20.00
150 Linear Foot
47 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Greater Linear Ft $ 10.00
than or equals to 151 Linear Foot
48 Curb and Gutter Items Concrete Shoulder Gutter Install (Greater than or equals Linear Ft $ 17.50
to 151 Linear Foot
49 Asphalt Sidewalk Items Asphalt Sidewalk, (New Installation)* Ton $ 425.00
50 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut (Removal & Disposal of Ton $ 100.00
Existing)
51 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut(Install/ Replacement) Ton $ 325.00
52 Asphalt Sidewalk Items Asphalt Sidewalk Overlay * Ton $ 225.00
53 Misc Asphalt Miscellaneous Asphalt(Removal & Disposal)* Ton $ 100.00
54 Misc Asphalt Miscellaneous Asphalt(Install/Replacement Ton $ 225.00
55 Concrete Sidewalk Items Spauld Repair (on any type of concrete surface, County Square Ft $ 100.00
Wide)
56 Concrete Drainage Items Curb Inlets Top (Removal & Disposal of Existing)* Square Yd $ 1,000.00
57 Concrete Drainage Items Curb Inlets Top (Install/Replacement)* Square Yd $ 2,000.00
58 Concrete Drainage Items Flumes(Removal & Disposal of Existing)* Square Yd $ 20.25
59 Concrete Drainage Items Flumes(Install/ Replacement)* Square Yd $ 63.00
60 Misc Concrete Rip Rap Concrete Bag 40Ib Each $ 50.00
S1 Misc Concrete Rip Rap Concrete Bag 601b Each $ 50.00
..2 Misc Concrete i Rip Rap Concrete Bag 80lb Each $ 50.00
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63 Misc Concrete Miscellaneous Concrete installation # Square Yd $ 100.00 J-..,
64 Misc Concrete Miscellaneous Concrete (Removal & Disposal of Existing) Square Yd $ 45.00
65 Material Items Limerock (Delivered and Installed)# Ton $ 20.00
66 Material Items Limerock (Delivered and Installed)# Square Yd $ 25.00
67 Material Items Fill Dirt(Delivered and Installed)# Ton $ 20.00
68 Material Items Fill Dirt(Delivered and Installed)# Square Yd $ 25.00
69 Material Items Flowable Fill (Excavate-able) delivered # Cubic Yard $ 125.00
70 Material Items Flowable Fill (Non Excavate-able)delivered# Cubic Yard $ 125.00
71 Equipment Crane 100 tons and below# Per Hour $ 450.00
72 Equipment Track or Wheeled Excavator# Per Hour $ 200.00
73 Equipment Track or Wheeled Skid Steer# Per Hour $ 200.00
74 Equipment 15 Yard or less Dump Truck (Includes driver and removal Per Hour $ 150.00
and dumping of material
75 Equipment 16 Yard or More Dump Truck (includes driver and removal Per Hour $ 150.00
and dumping of material
76 Equipment Miscellaneous Equipment (Must be pre-approved by Per Hour $ 250.00
Project Manger to use on job site
77 Equipment Long Stick tracked Excavator(60ft or greater) Per Hour $ 500.00
78 Equipment I Tow behind Concrete Pump (with up to 1000 ft discharge Per Hour $ 250.00
Hose)
79 Equipment Concrete Pump truck(up to 200 ft boom)# Per Hour $ 500.00
80 Equipment 6" or less water pump Per Hour $ 100.00
81 Material Items Bahia Sod laid in Place# Square Ft $ 1.25
82 Material Items Bahia Sod laid in Place# Pallet $ 375.00
83 Material Items ( Floratan Sod Laid in Place# Square Ft $ 2.00
84 Material Items Floratan Sod Laid in Place# Pallet $ 450.00
85 Material Items Rip Rap Rubble Laid in place 6" - 12"# Ton $ 150.00
86 Material Items Silt Screen including Installation and removal per 100ft# Each $ 500.00
(100ft)
87 Material Items Turbidity Barrier including Installation and removal per Each $ 2,000.00
100ft# (100ft)
88 Misc Concrete Miscellaneous Concrete 2500 PSI with fiber mesh, Cubic Yard $ 300.00
delivered
89 Misc Concrete ' Miscellaneous Concrete 3000 PSI with fiber mesh, Cubic Yard $ 325.00
delivered
90 Misc Concrete Miscellaneous Concrete 5000 PSI with fiber mesh, Cubic Yard $ 350.00
delivered
91 Alternate Concrete Alternate concrete grinding done by hand or any FDOT Square Ft $ 50.00
Grinding approved Method by Proposals only
92 N/A
93 Material Items J Materials mark up(only for items not listed on Bid Tab)# 35%
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AGREEMENT 15-6442
for
Concrete: Sidewalks, Curbs, Floors and Other Applications
THIS AGREEMENT is made and entered into this day of , 2015, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and BQ Concrete, L.L.C., as Secondary
Contractor, authorized to do business in the State of Florida, whose business address is 6017 Pine
Ridge Road, Suite # 329, Naples, Florida 34119 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on June 11,
2015, and terminating one (1) year from that date, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed
or terminated. This contract shall have three (3) additional, one year renewals, renewable
annually.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all
of the terms and conditions contained in this Agreement for up to one hundred eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of
the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of
Work, hereby attached and incorporated by reference. Each awardee will enter into a Contract
to provide services for "Concrete: Sidewalks, Curbs, Floors and Other Applications" on an as-
needed basis and as may be required by the Owner in accordance with the terms and
conditions of ITB # 15-6442 and the Contractor's proposal, which is incorporated by reference
and made an integral part of this Contract.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Growth Management Department, any County
Department may use this Contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Primary Contractor. The Primary Contractor shall
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have five (5) business days to respond that they are willing and able to complete the job(s) in
the required time frame. The user department will then issue a Purchase Order for the work.
If the Primary Contractor cannot provide requested services within the timeframe specified by
the user department, then the Secondary Contractor will then be contacted. The Secondary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
If the Secondary Contractor cannot provide requested services within the timeframe specified
by the user department, then the Tertiary Contractor will then be contacted. The Tertiary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
In each description of work, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; and time and materials or
lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
project manager or his designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB # 15-6442 per Exhibit B,
Price Schedule, attached herein and incorporated by reference and/or subsequent proposals.
This Contract will be Purchase Order driven.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
BQ Concrete, L.L.C.
6017 Pine Ridge Road, Suite # 329
Naples, Florida 34119
Phone: 239-262-7320
Email: beconcrete(cr�earthlink.net
Attn: Buddy J. Quarles, Owner
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
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Collier County Government Complex
Procurement Services Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance.
^9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
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10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single
Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
S
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^12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not
remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such
claims; (c) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g)
any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally. Any modifications to this Contract shall
be in compliance with the County Purchasing Ordinance and Procedures in effect at the time
such modifications are authorized.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119,
including specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the (TB, the Contractor's Proposal, and/or the
County's Board approved Executive Summary, the Contract Documents shall take
precedence.
20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances,
rules or regulations of any public authority having jurisdiction over the Project requires any
portion of the Work to be specifically inspected, tested or approved, Contractor shall assume
full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
---23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the ^
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6442 any
addenda, etc, made or issued pursuant to this Agreement.
27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a.
Prohibition by the individual, firm, and/or any employee of the firm from contact with County
staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
31. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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332. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four (4) years.
35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full
decision-making authority and by County's staff person who would make the presentation of
any settlement reached at mediation to County's board for approval. Should either party fail
to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
36. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as
the owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
BQ Concrete, L.L.C.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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.-. Exhibit A— Scope of Work
Portland Cement Concrete — Class 1
Intent of Contract: The intent of the Contract is to provide for the construction and completion in
every detail of the work described in the Contract. Contractor is responsible to furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work in accordance
with the Contract Documents.
Prices quoted in this ITB shall include all man hours, full restoration and Maintenance of
Traffic (MOT) unless otherwise noted. Full restoration is defined as bring the disturbed area back
to original or better conditions. Areas that are disturbed due to Contractor staging area will be
restored by Contractor at no additional cost to the Department.
Contractor must supply a list of all equipment on hand to perform standard concrete repairs
and installation.
Work not covered by Standard Specifications: Proposed construction and any contractual
requirements not covered by these Standard Specifications may be covered by Contract plan notes
or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
Measurement of concrete
Square Yards are bid at unit price for six (6) inches of thickness, for thicknesses other than six inches
a multiplier will be used to calculate the square yards. (e.g. eight inches thick would use a 1.33
multiplier so that one square yard eight inches thick would be equivalent to 1.33 square yards for
payment purpose, four inches thick would use a 0.67 multiplier which one square yard four inches
thick would be equivalent to .67 square yards for payment purposes, 12 inches thick would use a 2.0
multiplier so that one square yard 12 inches thick would be equivalent to 2.0 square yards for
payment purposes, etc.) All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement Section 921
(b) Fine Aggregate Section 902
' '(c) Coarse Aggregate Section 901
,d) Water Section 923
(e) Chemical Admixtures Section 924
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(f) Pozzolans and Slag Section 929
Materials
Meet the requirements specified in section 520-2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
Forms
Provide forms as specified in section 520-3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
Excavation
Excavation to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for removing all roots, vegetation, unauthorized piping and
other structures and items located in the footprint of where the work is to take place at no
additional cost to the using Department; all cost should be included with the unit price of pay
item being used. Upon discovery of active piping in the footprint the contractor will be
responsible for capping off piping that may cause washouts or other damage to the location at
no additional cost to the department
Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material
that may be required under sidewalk to be removed and/or added, to keep consistent with the
existing sidewalk elevation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used.
Expansion Joints
Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction or most current edition approved by Project Manager, and revisions thereto current at
the time of contract letting.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open-Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete
on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint,
remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1/2
inch radius.
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Sawed Joints
F electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/2
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
• 3/16 inch Saw cut joints, 1% inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
• 3/16 inch Saw cut joints, 11/2 inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than 1/4 inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of 1 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
—grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
4 inch center to center.
Curing
Cure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
^-:oncrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
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requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
and other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
CONTROL OF QUALITY
Concrete Mix Design
Before producing any concrete, submit the proposed mix design to the Supervisor of Road
Maintenance Contracts and Projects on a form provided by the Department. Use only concrete mix
designs meeting the following requirements and having prior approval of the Supervisor of Road
Maintenance Contracts and Projects. Maximum water to cementitious materials ratio 0.55 lbs/lbs
[0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious
Materials Content 470 lbslyd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be
adjusted provided that the theoretical yield requirement of the approved Mix design is met. Show all
required original approved design mix data and batch adjustments and substituted material on the
Department concrete delivery ticket. The Supervisor of Road Maintenance Contracts and Projects
may disqualify any concrete production facility for non-compliance with Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
specification requirements. Concrete acceptance by the Department will be by Certification on the .'
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of
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concrete that do not meet specification requirements, or exceeds the allowable slump or water to
:ementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet
the 28-day compressive strength requirements. At the sole option of the Department, the Supervisor
of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
determined that the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting.
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and
revisions thereto current at the time of contract letting.
Joint Materials
-.Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for any limerock base/fill material that may be required to be
--removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the
asing Department; all cost should be included with the unit price of pay item being used. This item
also includes removal of roots, unauthorized piping or other structures or items that have
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intentionally/unintentionally been placed in footprint of the work to be completed that must be
removed.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either
formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they
are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete.
Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them
while the forms are still in place. Saw contraction joints, for machine placed items, unless the
Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the
joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and
before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet
except where closure requires a lesser interval, but do not allow any section to be less than four (4)
feet in length.
Expansion Joints
Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or
by Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between
other expansion joints or ends of a run. Ensure that the joint is 1/2 inch in width.
Finishing — Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub
further, using thin grout or mortar.
Curing — General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing
after completely finishing and as soon as the concrete has hardened sufficiently to permit application
of the curing material without marring the surface. Immediately replace any curing material removed
or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
CD
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Wet Burlap Method
'lace burlap, as specified in section 925-1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to
ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely
in place such that it will be in continuous contact with the concrete at all times, and do not allow any
earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the
burlap with water before placing it, and keep it thoroughly wet throughout the curing period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and revisions thereto current at the time of contract letting, by a hand sprayer meeting
the requirements of section 350-3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, in a single coat continuous film at a uniform coverage of at least two hundred (200) square
feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating.
Thoroughly agitate the curing compound in the drum prior to application, and during application as
necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
^current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient
;xtension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six
(6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all
times.
Backfilling and Compaction
After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible
for any limerock base/fill material that may be required to be removed and/or added, to keep
consistent with the existing elevation(s) at no additional cost to the using Department; all cost
should be included with the unit price of pay item being used). Place and thoroughly compact
the material in layers not thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the
centerline of the roadway and while the concrete is still plastic. Perform straight edging along the
edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as
directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct
irregularities in excess of inch.
Quality & Final Cleaning Up of Right-of-Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right-of-way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; a
Wil
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leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
equipment, on abutting property, with or without the consent of the property owners. Areas
determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects,
shall be removed and replaced at no additional cost to the Department. Repairs shall be completed
prior to submission of the Contractor's invoice for work accomplished during the cycle. However, the
Director of Road Maintenance's judgment when evaluating completed work shall be final.
LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require
the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is
provided to the awarded Contractor. Give the work the constant attention necessary to ensure the
scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and
Projects and with other contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and/or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while
work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who
speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has
at least one year of experience directly related to worksite traffic control in a supervisory or
responsible capacity and is certified by the American Traffic Safety Services Association Worksite
Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty four (24) hour per day basis, and who reviews the project on a day-to-day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
equipment and materials needed to maintain traffic control and handle traffic related situations.
Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty
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four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
raffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good-faith basis.
,Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to
he satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of
Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of
whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution,
and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done,
and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants:
The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and
representatives, as he desires. These assistants and representatives are authorized to inspect all
work done and all materials furnished. Such inspection may extend to all or any part of the work and
to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and
representatives are not authorized to revoke, alter, or waive any requirement of these Specifications.
Rather, they are authorized to call to the attention of the Contractor any failure of the work or
materials to meet the Contract Documents, and have the authority to reject materials or suspend the
work until any questions at issue can be referred to and decided by the Supervisor of Road
Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects
will immediately notify the Contractor in writing of any such suspension of the work, stating in detail
the reasons for the suspension. The presence of the inspector or other assistant in no way lessens
the responsibility of the Contractor. The Director of Road Maintenance will have the final
authority.
—DEFAULT AND TERMINATION OF CONTRACT:
Jetermination of Default: The Supervisor of Road Maintenance Contracts and Projects will give
notice, in writing, to the Contractor for any delay, neglect, or default, if the Contractor:
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(a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the Contract;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as unacceptable
and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance
Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described above,
fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor
of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld. The Contractor shall not
be entitled to any other or further recovery against the County, including, but not limited to, any
damages or any anticipated profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his
assistant will measure all work completed under the Contract in accordance with the United States
Standard Measures [International System of Units (SI) Measures].
Scope of Payments
Items included in Payment: Accept the compensation as provided in the Contract as full payment
for furnishing all materials and for performing all work contemplated and embraced under the
Contract; also for all loss or damage arising out of the nature of the work or from the action of the
elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in
the prosecution of the work until its final acceptance; also for all other costs incurred under the
provisions of the Florida Department of Transportation, Standard Specifications for Road and Bridge
Construction or most current edition approved by Project Manager, and revisions thereto current at
the time of contract letting.
For any item of work contained in the proposal, except as might be specifically provided otherwise in
the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the
pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the
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complete item of work, including all requirements of the Section specifying such item of work, except
.s specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity
of any part of the completed work prior to final acceptance, then the Department will not allow
payment for such defective or questioned work until the Contractor has remedied the defect and
removed any causes of doubt.
Control of Work: The Supervisor of Road Maintenance Contracts and Projects will review completed
areas for quality and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road
Maintenance Contracts and Projects, shall be removed and replaced at no additional cost to the
Department. Negligence by the Contractor that results in damage to turf, curbs, sidewalks,
pavement or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the
Contractor to the satisfaction of the Supervisor of Road Maintenance Contracts and Projects at no
additional cost to the Department. Repairs shall be completed prior to submission of the Contractor's
invoice for work accomplished.
Basis of Payment: Payment shall be full compensation for furnishing all equipment, materials, labor,
disposal, and incidentals necessary to complete all specified operations.
Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than
five (5) days in advance of the planned start day of work. Upon the receipt of such notice, the
,Supervisor of Road Maintenance Contracts and Projects may give the Contractor Notice to Proceed
and may designate the point or points to start the work. In the Notice to Proceed, the Supervisor of
Road Maintenance Contracts and Projects may waive the five (5) day advance notice and authorize
the Contractor to begin immediately. Notify the Supervisor of Road Maintenance Contracts and
Projects in writing at least two (2) days in advance of the starting date of important features of the
work. Do not commence work under the Contract until after the Supervisor of Road Maintenance
Contracts and Projects has issued the Notice to Proceed. The Supervisor of Road Maintenance
Contracts and Projects will issue the Notice to Proceed within thirty (30) days after execution of the
Contract.
Compliance with Time Requirements: Commence work in accordance with the approved working
schedule and provide sufficient labor, materials and equipment to complete the work within the time
limit(s) set forth in the proposal. Should the Contractor fail to furnish sufficient and suitable
equipment, forces, and materials, as necessary to prosecute the work in accordance with the required
schedule, the Supervisor of Road Maintenance Contracts and Projects may withhold all estimates
that are, or may become due, or suspend the work until the Contractor corrects such deficiencies. A
deduction of ten percent (10%) will be deducted from invoices for non-compliance with quoted
time frames.
Pre-construction Conference: Immediately after awarding the Contract but before the contractor
begins work; the Supervisor of Road Maintenance Contracts and Projects will call a pre-construction
conference at a place the Supervisor of Road Maintenance Contracts and Projects designates to go
over the construction aspects of the project. Attend this meeting, along with the Department and the
'various utility companies that may be involved with the repair. This meeting will be mandatory.
End of Exhibit A
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Exhibit B — Price Schedule
Item 63 will be used for items other than sidewalks, to include but not limited to such items as: reinforced box
culverts, catch basins, slabs, retaining walls, headwalls, loading ramps, boat ramps, fixed water control
structures, footers, etc.
Items 23 thru 25 & 71 thru 80 will be reported on a "Daily Activity Log" and used only when pre- authorized in
writing from the Contract Supervisor or authorized County Representative.
Category Item Description Unit of Line item
measure price
1 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE E) Linear Ft $ 6.00
(Less than or equal to 150 Linear Foot)*
2 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE E)(Less than or equal Linear Ft $ 12.00
to 150 Linear Foot)*
3 Curb and Gutter Items Concrete Curb &Gutter Removal & Disposal (TYPE F) Linear Ft $ 6.00
(Less than or equal to 150 Linear Foot)*
4 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE F) (Less than or equal Linear Ft $ 12.00
to 150 Linear Foot)*
5 Curb and Gutter Items Concrete Curb (TYPE A) Removal & Disposal (Less than or Linear Ft $ 6.00
equal to 150 Linear Foot)*
6 Curb and Gutter Items Concrete Curb (TYPE A) Install (Less than or equal to 150 Linear Ft $ 12.00
Linear Foot)*
7 Curb and Gutter Items Concrete Curb(TYPE B) Removal & Disposal (Less than or Linear Ft $ 6.00
equal to 150 Linear Foot)*
8 Curb and Gutter Items Concrete Curb(TYPE B) Install (Less than or equal to 150 Linear Ft $ 12.00
Linear Foot)*
9 Curb and Gutter Items Concrete Curb (TYPE D) Removal & Disposal (Less than or Linear Ft $ 6.00
equal to 150 Linear Foot)*
10 Curb and Gutter Items Concrete Curb (TYPE D) Install (Less than or equal to 150 Linear Ft $ 12.00
Linear Foot)*
11 Curb and Gutter Items Concrete Curb (Drop Curb) Removal & Disposal (Less than Linear Ft $ 6.00
or equal to 150 Linear Foot)*
12 Curb and Gutter Items Concrete Curb (Drop Curb) Install (Less than or equal to Linear Ft $ 12.00
150 Linear Foot)*
13 Concrete Sidewalk Items Concrete Sidewalk, (New Installation)* Square $ 70.00
Yd
14 Concrete Sidewalk Items Concrete Sidewalk, (Removal & Disposal of Existing)* Square $ 25.00
Yd
15 Concrete Sidewalk Items Concrete Sidewalk, (Install/ Replacement)* Square $ 80.00
Yd
16 Concrete Sidewalk Items ADA Sidewalk Ramps, (New Installation)* Square $ 25.00
Yd
17 Concrete Sidewalk Items ADA Sidewalk Ramps, (Removal & Disposal of Existing)* Square $ 10.00
Yd
18 Concrete Sidewalk Items ADA Sidewalk Ramps, (Install! Replacement)* Square $ 25.00
Yd
19 Concrete Sidewalk Items ADA Detectable Warning Mat(Install/ Replacement)* Square Ft $ 25.00
20 Concrete Sidewalk Items Concrete Grinding (County Wide)* Square Ft $ 12.00
21 Concrete Drainage Items Mitered Ends(Removal & Disposal of Existing)* Square $ 10.00
Yd
22 Concrete Drainage Items Mitered Ends(Install! Replacement)* Square $ 30.00
Yd
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23 Miscellaneous Man Hours Construction Forman# Per Hour $ 30.00
24 Miscellaneous Man Hours Equipment Operator# Per Hour $ 25.00
25 Miscellaneous Man Hours Laborer# Per Hour $ 20.00
26 N/A
27 Curb and Gutter Items Concrete Curb &Gutter Removal & Disposal (TYPE E) Linear Ft $ 12.00
(Greater than or equals to 151 Linear Foot
28 Curb and Gutter Items Concrete Curb &Gutter Install (TYPE E) (Greater than or Linear Ft $ 35.00
equals to 151 Linear Foot
29 Curb and Gutter Items Concrete Curb &Gutter Removal& Disposal (TYPE F) Linear Ft $ 12.00
(Greater than or equals to 151 Linear Foot
30 Curb and Gutter Items Concrete Curb &Gutter Install (TYPE F) (Greater than or Linear Ft $ 35.00
equals to 151 Linear Foot
31 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (Special—for Linear Ft $ 12.00
any odd type)
32 Curb and Gutter Items Concrete Curb &Gutter Install (Special—for any odd type) Linear Ft $ 35.00
33 Curb and Gutter Items Concrete Curb (TYPE A) Removal& Disposal(Greater than Linear Ft $ 12.00
or equals to 151 Linear Foot)
34 Curb and Gutter Items Concrete Curb (TYPE A) Install (Greater than or equals to Linear Ft $ 35.00
151 Linear Foot
35 Curb and Gutter Items Concrete Curb (TYPE B) Removal& Disposal (Greater than Linear Ft $ 12.00
or equals to 151 Linear Foot)
36 Curb and Gutter Items Concrete Curb (TYPE B) Install (Greater than or equals to Linear Ft $ 35.00
151 Linear Foot)
37 Curb and Gutter Items Concrete Curb (TYPE D) Removal& Disposal (Greater than Linear Ft $ 12.00
or equals to 151 Linear Foot)
38 Curb and Gutter Items Concrete Curb (TYPE D) Install (Greater than or equals to Linear Ft $ 35.00
151 Linear Foot)
39 Curb and Gutter Items Concrete Valley Gutter Removal &Disposal (Less than or Linear Ft $ 25.00
equal to 150 Linear Foot
40 Curb and Gutter Items Concrete Valley Gutter Install (Less than or equal to 150 Linear Ft $ 45.00
Linear Foot
41 Curb and Gutter Items Concrete Valley Gutter Removal & Disposal (Greater than Linear Ft $ 25.00
or equals to 151 Linear Foot
42 Curb and Gutter Items Concrete Valley Gutter Install (Greater than or equals to 151 Linear Ft $ 45.00
Linear Foot
43 Curb and Gutter Items Concrete Gutter Removal & Disposal (Special—for any odd Linear Ft $ 25.00
type)
44 Curb and Gutter Items Concrete Gutter Install (Special—for any odd type) Linear Ft $ 55.00
45 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Less than Linear Ft $ 25.00
or equal to 150 Linear Foot)
46 Curb and Gutter Items Concrete Shoulder Gutter Install (Less than or equal to 150 Linear Ft $ 45.00
Linear Foot
47 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Greater Linear Ft $ 25.00
than or equals to 151 Linear Foot
48 Curb and Gutter Items Concrete Shoulder Gutter Install (Greater than or equals to Linear Ft $ 45.00
151 Linear Foot
49 Asphalt Sidewalk Items Asphalt Sidewalk, (New Installation)` Ton $ 220.00
50 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut(Removal & Disposal of Ton $ 100.00
Existing)
51 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut(Install/Replacement) Ton $ 220.00
52 Asphalt Sidewalk Items Asphalt Sidewalk Overlay* Ton $ 175.00
C
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53 Misc Asphalt Miscellaneous Asphalt(Removal & Disposal)* Ton $ 100.00
54 Misc Asphalt Miscellaneous Asphalt(Install/Replacement) Ton $ 220.00
55 Concrete Sidewalk Items Spauld Repair(on any type of concrete surface, County Square Ft $ 55.00
Wide)
56 Concrete Drainage Items Curb Inlets Top (Removal & Disposal of Existing)* Square $ 45.00
Yd
57 Concrete Drainage Items Curb Inlets Top (Install/Replacement)* Square $ 300.00
Yd
58 Concrete Drainage Items Flumes (Removal & Disposal of Existing)* Square $ 25.00
Yd
59 Concrete Drainage Items Flumes(Install/ Replacement)* Square $ 50.00
Yd
60 Misc Concrete Rip Rap Concrete Bag 401b Each $ 200.00
61 Misc Concrete Rip Rap Concrete Bag 601b Each $ 300.00
62 M• isc Concrete Rip Rap Concrete Bag 80Ib Each $ 500.00
63 Misc Concrete Miscellaneous Concrete installation# Square $ 145.00
Yd
64 Misc Concrete Miscellaneous Concrete (Removal& Disposal of Existing) Square $ 50.00
Yd
65 Material Items L• imerock (Delivered and Installed)# Ton $ 45.00
66 Material Items L• imerock (Delivered and Installed)# Square $ 5.50
Yd
67 Material Items Fill Dirt(Delivered and Installed)# Ton $ 40.00
68 Material Items Fill Dirt(Delivered and Installed)# Square $ 7.50
Yd
69 Material Items F• lowable Fill (Excavate-able) delivered# Cubic $ 120.00
Yard
70 Material Items Flowable Fill (Non Excavate-able) delivered# Cubic $ 165.00
Yard
71 Equipment Crane 100 tons and below# Per Hour $ 275.00
72 Equipment Track or Wheeled Excavator# Per Hour $ 125.00
73 Equipment Track or Wheeled Skid Steer# Per Hour $ 125.00
74 Equipment 15 Yard or less Dump Truck (Includes driver and removal Per Hour $ 95.00
and dumping of material
75 Equipment 16 Yard or More Dump Truck (includes driver and removal Per Hour $ 110.00
and dumping of material
76 Equipment Miscellaneous Equipment(Must be pre-approved by Project Per Hour $ 55.00
Manager to use on job site
77 Equipment Long Stick tracked Excavator(60ft or greater) Per Hour $ 250.00
78 Equipment Tow behind Concrete Pump(with up to 1000 ft discharge Per Hour $ 175.00
Hose)
79 Equipment Concrete Pump truck(up to 200 ft boom)# Per Hour $ 225.00
80 E• quipment 6"or less water pump Per Hour $ 50.00
81 Material Items Bahia Sod laid in Place# Square Ft $ 65.00
82 M• aterial Items B• ahia Sod laid in Place# Pallet $ 250.00
83 Material Items Floratan Sod Laid in Place# i Square Ft $ 85.00
84 Material Items Floratan Sod Laid in Place# Pallet $ 325.00
85 Material Items Rip Rap Rubble Laid in place 6"- 12"# Ton $ 100.00
86 Material Items Silt Screen including Installation and removal per 100ft# Each $ 150.00
(100ft)
87 Material Items Turbidity Barrier including Installation and removal per 100ft Each $ 300.00
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# (100ft)
38 Misc Concrete Miscellaneous Concrete 2500 PSI with fiber mesh, delivered Cubic $ 165.00
Yard
89 Misc Concrete Miscellaneous Concrete 3000 PSI with fiber mesh, delivered Cubic $ 195.00
Yard
90 Misc Concrete Miscellaneous Concrete 5000 PSI with fiber mesh, delivered Cubic $ 230.00
Yard
91 Alternate Concrete Alternate concrete grinding done by hand or any FDOT Square Ft $ 25.00
Grinding approved Method by Proposals only
92 N/A
93 Material Items Materials mark up(only for items not listed on Bid Tab)# 35%
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AGREEMENT15-6442
for
Concrete: Sidewalks, Curbs, Floors and Other Applications
THIS AGREEMENT is made and entered into this day of , 2015, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Quality Enterprises USA, Inc., as
Tertiary Contractor authorized to do business in the State of Florida, whose business address is 3894
Mannix Drive, Suite # 216, Naples, Florida 34114 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on June 11,
2015, and terminating one (1) year from that date, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed
or terminated. This contract shall have three (3) additional, one year renewals, renewable
annually.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all
of the terms and conditions contained in this Agreement for up to one hundred eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of
the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be
qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of
Work, hereby attached and incorporated by reference. Each awardee will enter into a Contract
to provide services for "Concrete: Sidewalks, Curbs, Floors and Other Applications" on an as-
needed basis and as may be required by the Owner in accordance with the terms and
conditions of ITB # 15-6442 and the Contractor's proposal, which is incorporated by reference
and made an integral part of this Contract.
The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of
the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement during the term and any extension of the
term of this Agreement.
Although the primary user of this Contract is the Growth Management Department, any County
Department may use this Contract provided sufficient funds are included in its budget. The
process for obtaining services under this Contract is as follows:
Prior to the start of each individual job or group of jobs, the user department shall provide a
description of Work to be performed to the Primary Contractor. The Primary Contractor shall
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have five (5) business days to respond that they are willing and able to complete the job(s) in
the required time frame. The user department will then issue a Purchase Order for the work.
If the Primary Contractor cannot provide requested services within the timeframe specified by
the user department, then the Secondary Contractor will then be contacted. The Secondary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
If the Secondary Contractor cannot provide requested services within the timeframe specified
by the user department, then the Tertiary Contractor will then be contacted. The Tertiary
Contractor shall have five (5) business days to respond that they are willing and able to
complete the job in the required time frame. The user department will then issue a Purchase
Order for the work.
In each description of work, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; and time and materials or
lump sum.
This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
project manager or his designee, in compliance with the County Purchasing Ordinance and
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB # 15-6442 per Exhibit B,
Price Schedule, attached herein and incorporated by reference and/or subsequent proposals.
This Contract will be Purchase Order driven.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Quality Enterprises USA, Inc.
3894 Mannix Drive
Suite # 216
Naples, Florida 34114
Phone: 239-435-7200; Fax: 239-435-7202
Email: Igaudio(c�geusa.com
Attn: Louis J. Gaudio, Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
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Collier County Government Complex
Procurement Services Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, --
sex, color, creed or national origin.
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_10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single
Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
0
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12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not
remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such
claims; (c) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g)
any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such modification. No officer, employee or agent of Owner is
authorized to direct any extra or changed work orally. Any modifications to this Contract shall
be in compliance with the County Purchasing Ordinance and Procedures in effect at the time
such modifications are authorized.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119,
including specifically those contractual requirements in F.S. § 11 9.0701(2) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency contract
for services must include a provision that requires the contractor to comply with public records
laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the
County's Board approved Executive Summary, the Contract Documents shall take
precedence.
20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
— Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances,
rules or regulations of any public authority having jurisdiction over the Project requires any
portion of the Work to be specifically inspected, tested or approved, Contractor shall assume
full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to
the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor
is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6442 any
addenda, etc, made or issued pursuant to this Agreement.
27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a.
Prohibition by the individual, firm, and/or any employee of the firm from contact with County
staff for a specified period of time; b. Prohibition by the individual and/or firm from doing
business with the County for a specified period of time, including but not limited to: submitting
bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual
and/or firm for cause.
28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of
the Work. No markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
31. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
34. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four (4) years.
35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full
decision-making authority and by County's staff person who would make the presentation of
any settlement reached at mediation to County's board for approval. Should either party fail
to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
36. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as
the owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
*************************'""****** Remainder of page intentionally left blank ********************************
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
>erson or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Quality Enterprises USA, Inc.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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Exhibit A— Scope of Work
Portland Cement Concrete — Class 1
Intent of Contract: The intent of the Contract is to provide for the construction and completion in
every detail of the work described in the Contract. Contractor is responsible to furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work in accordance
with the Contract Documents.
Prices quoted in this ITB shall include all man hours, full restoration and Maintenance of
Traffic (MOT) unless otherwise noted. Full restoration is defined as bring the disturbed area back
to original or better conditions. Areas that are disturbed due to Contractor staging area will be
restored by Contractor at no additional cost to the Department.
Contractor must supply a list of all equipment on hand to perform standard concrete repairs
and installation.
Work not covered by Standard Specifications: Proposed construction and any contractual
requirements not covered by these Standard Specifications may be covered by Contract plan notes
or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
Measurement of concrete
Square Yards are bid at unit price for six (6) inches of thickness, for thicknesses other than six inches
a multiplier will be used to calculate the square yards. (e.g. eight inches thick would use a 1.33
multiplier so that one square yard eight inches thick would be equivalent to 1.33 square yards for
payment purpose, four inches thick would use a 0.67 multiplier which one square yard four inches
thick would be equivalent to .67 square yards for payment purposes, 12 inches thick would use a 2.0
multiplier so that one square yard 12 inches thick would be equivalent to 2.0 square yards for
payment purposes, etc.) All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement Section 921
(b) Fine Aggregate Section 902
(c) Coarse Aggregate Section 901
(d) Water Section 923
(e) Chemical Admixtures Section 924
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^(f) Pozzolans and Slag Section 929
Materials
Meet the requirements specified in section 520-2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
Forms
Provide forms as specified in section 520-3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
Excavation
Excavation to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for removing all roots, vegetation, unauthorized piping and
other structures and items located in the footprint of where the work is to take place at no
additional cost to the using Department; all cost should be included with the unit price of pay
item being used. Upon discovery of active piping in the footprint the contractor will be
responsible for capping off piping that may cause washouts or other damage to the location at
no additional cost to the department.
.---,Foundation
compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material
that may be required under sidewalk to be removed and/or added, to keep consistent with the
existing sidewalk elevation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used.
Expansion Joints
Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction or most current edition approved by Project Manager, and revisions thereto current at
the time of contract letting.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open-Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete
on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint,
remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1/2
winch radius.
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Sawed Joints
If electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/2
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
• 3/16 inch Saw cut joints, 11/2 inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
• 3/16 inch Saw cut joints, 11/2 inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than '/4 inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of 1/2 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
1/2 inch center to center.
Curing
Cure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
concrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
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requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
.nd other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
CONTROL OF QUALITY
Concrete Mix Design
,..... Before producing any concrete, submit the proposed mix design to the Supervisor of Road
Aaintenance Contracts and Projects on a form provided by the Department. Use only concrete mix
designs meeting the following requirements and having prior approval of the Supervisor of Road
Maintenance Contracts and Projects. Maximum water to cementitious materials ratio 0.55 lbs/lbs
[0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious
Materials Content 470 lbs/yd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be
adjusted provided that the theoretical yield requirement of the approved Mix design is met. Show all
required original approved design mix data and batch adjustments and substituted material on the
Department concrete delivery ticket. The Supervisor of Road Maintenance Contracts and Projects
may disqualify any concrete production facility for non-compliance with Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
.specification requirements. Concrete acceptance by the Department will be by Certification on the
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of
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concrete that do not meet specification requirements, or exceeds the allowable slump or water to
cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet
the 28-day compressive strength requirements. At the sole option of the Department, the Supervisor
of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
determined that the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting.
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and
revisions thereto current at the time of contract letting.
Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120-9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting. Contractor is responsible for any limerock base/fill material that may be required to be
removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the
using Department; all cost should be included with the unit price of pay item being used. This item
also includes removal of roots, unauthorized piping or other structures or items that have
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intentionally/unintentionally been placed in footprint of the work to be completed that must be
'moved.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either
formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they
are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete.
Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them
while the forms are still in place. Saw contraction joints, for machine placed items, unless the
Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the
joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and
before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet
except where closure requires a lesser interval, but do not allow any section to be less than four (4)
feet in length.
Expansion Joints
Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or
by Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between
other expansion joints or ends of a run. Ensure that the joint is % inch in width.
'inishing — Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub
further, using thin grout or mortar.
Curing — General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing
after completely finishing and as soon as the concrete has hardened sufficiently to permit application
of the curing material without marring the surface. Immediately replace any curing material removed
or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
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Wet Burlap Method
Place burlap, as specified in section 925-1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to
ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely
in place such that it will be in continuous contact with the concrete at all times, and do not allow any
earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the
burlap with water before placing it, and keep it thoroughly wet throughout the curing period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and revisions thereto current at the time of contract letting, by a hand sprayer meeting
the requirements of section 350-3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract
letting, in a single coat continuous film at a uniform coverage of at least two hundred (200) square
feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating.
Thoroughly agitate the curing compound in the drum prior to application, and during application as
necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient
extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six
(6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all
times.
Backfilling and Compaction
After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible
for any limerock base/fill material that may be required to be removed and/or added, to keep
consistent with the existing elevation(s) at no additional cost to the using Department; all cost
should be included with the unit price of pay item being used). Place and thoroughly compact
the material in layers not thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the
centerline of the roadway and while the concrete is still plastic. Perform straight edging along the
edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as
directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct
irregularities in excess of 1/4 inch.
Quality & Final Cleaning Up of Right-of-Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right-of-way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; and
f
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leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
`ie entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
equipment, on abutting property, with or without the consent of the property owners. Areas
determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects,
shall be removed and replaced at no additional cost to the Department. Repairs shall be completed
prior to submission of the Contractor's invoice for work accomplished during the cycle. However, the
Director of Road Maintenance's judgment when evaluating completed work shall be final.
LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require
the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is
provided to the awarded Contractor. Give the work the constant attention necessary to ensure the
scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and
Projects and with other contractors at work in the vicinity.
:ontractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and/or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while
work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who
speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has
at least one year of experience directly related to worksite traffic control in a supervisory or
responsible capacity and is certified by the American Traffic Safety Services Association Worksite
Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty four (24) hour per day basis, and who reviews the project on a day-to-day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
"equipment and materials needed to maintain traffic control and handle traffic related situations.
.insure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty
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four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
traffic control plan and any chat to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good-faith basis.
Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to _
the satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of
Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of
whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution,
and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done,
and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants:
The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and
representatives, as he desires. These assistants and representatives are authorized to inspect all
work done and all materials furnished. Such inspection may extend to all or any part of the work and
to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and
representatives are not authorized to revoke, alter, or waive any requirement of these Specifications.
Rather, they are authorized to call to the attention of the Contractor any failure of the work or
materials to meet the Contract Documents, and have the authority to reject materials or suspend the
work until any questions at issue can be referred to and decided by the Supervisor of Road
Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects
will immediately notify the Contractor in writing of any such suspension of the work, stating in detail
the reasons for the suspension. The presence of the inspector or other assistant in no way lessens
the responsibility of the Contractor. The Director of Road Maintenance will have the final
authority.
DEFAULT AND TERMINATION OF CONTRACT:
Determination of Default: The Supervisor of Road Maintenance Contracts and Projects will give
notice, in writing, to the Contractor for any delay, neglect, or default, if the Contractor:
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�(a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed;
3) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the Contract;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as unacceptable
and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance
Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described above,
fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
—The Director of Road Maintenance will have the final authority. In the event that the Supervisor
,f Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld. The Contractor shall not
be entitled to any other or further recovery against the County, including, but not limited to, any
damages or any anticipated profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his
assistant will measure all work completed under the Contract in accordance with the United States
Standard Measures [International System of Units (SI) Measures].
Scope of Payments
Items included in Payment: Accept the compensation as provided in the Contract as full payment
for furnishing all materials and for performing all work contemplated and embraced under the
Contract; also for all loss or damage arising out of the nature of the work or from the action of the
elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in
the prosecution of the work until its final acceptance; also for all other costs incurred under the
provisions of the Florida Department of Transportation, Standard Specifications for Road and Bridge
Construction or most current edition approved by Project Manager, and revisions thereto current at
the time of contract letting.
For any item of work contained in the proposal, except as might be specifically provided otherwise in
- he basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the
,gay item or items the cost of all labor, equipment, materials, tools and incidentals required for the
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complete item of work, including all requirements of the Section specifying such item of work, except
as specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity
of any part of the completed work prior to final acceptance, then the Department will not allow
payment for such defective or questioned work until the Contractor has remedied the defect and
removed any causes of doubt.
Control of Work: The Supervisor of Road Maintenance Contracts and Projects will review completed
areas for quality and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road
Maintenance Contracts and Projects, shall be removed and replaced at no additional cost to the
Department. Negligence by the Contractor that results in damage to turf, curbs, sidewalks,
pavement or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the
Contractor to the satisfaction of the Supervisor of Road Maintenance Contracts and Projects at no
additional cost to the Department. Repairs shall be completed prior to submission of the Contractor's
invoice for work accomplished.
Basis of Payment: Payment shall be full compensation for furnishing all equipment, materials, labor,
disposal, and incidentals necessary to complete all specified operations.
Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than
five (5) days in advance of the planned start day of work. Upon the receipt of such notice, the
Supervisor of Road Maintenance Contracts and Projects may give the Contractor Notice to Proceed
and may designate the point or points to start the work. In the Notice to Proceed, the Supervisor of
Road Maintenance Contracts and Projects may waive the five (5) day advance notice and authorize
the Contractor to begin immediately. Notify the Supervisor of Road Maintenance Contracts and
Projects in writing at least two (2) days in advance of the starting date of important features of the
work. Do not commence work under the Contract until after the Supervisor of Road Maintenance
Contracts and Projects has issued the Notice to Proceed. The Supervisor of Road Maintenance
Contracts and Projects will issue the Notice to Proceed within thirty (30) days after execution of the
Contract.
Compliance with Time Requirements: Commence work in accordance with the approved working
schedule and provide sufficient labor, materials and equipment to complete the work within the time
limit(s) set forth in the proposal. Should the Contractor fail to furnish sufficient and suitable
equipment, forces, and materials, as necessary to prosecute the work in accordance with the required
schedule, the Supervisor of Road Maintenance Contracts and Projects may withhold all estimates
that are, or may become due, or suspend the work until the Contractor corrects such deficiencies. A
deduction of ten percent (10%) will be deducted from invoices for non-compliance with quoted
time frames.
Pre-construction Conference: Immediately after awarding the Contract but before the contractor
begins work; the Supervisor of Road Maintenance Contracts and Projects will call a pre-construction
conference at a place the Supervisor of Road Maintenance Contracts and Projects designates to go
over the construction aspects of the project. Attend this meeting, along with the Department and the
various utility companies that may be involved with the repair. This meeting will be mandatory.
End of Exhibit A
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Exhibit B — Price Schedule
Item 63 will be used for items other than sidewalks, to include but not limited to such items as: reinforced box
culverts, catch basins, slabs, retaining walls, headwalls, loading ramps, boat ramps, fixed water control
structures, footers, etc.
Items 23 thru 25 & 71 thru 80 will be reported on a "Daily Activity Log" and used only when pre- authorized in
writing from the Contract Supervisor or authorized County Representative.
Category Item Description Unit of Line item
measure price
1 Curb and Gutter Concrete Curb & Gutter Removal & Disposal (TYPE E) (Less than Linear Ft $ 15.00
Items or equal to 150 Linear Foot)*
2 Curb and Gutter Concrete Curb& Gutter Install (TYPE E)(Less than or equal to 150 Linear Ft $ 20.00
Items Linear Foot)*
3 Curb and Gutter Concrete Curb &Gutter Removal & Disposal (TYPE F) (Less than Linear Ft $ 15.00
Items or equal to 150 Linear Foot)*
4 Curb and Gutter Concrete Curb&Gutter Install (TYPE F) (Less than or equal to Linear Ft $ 20.00
Items 150 Linear Foot)*
5 Curb and Gutter Concrete Curb (TYPE A) Removal & Disposal (Less than or equal Linear Ft $ 15.00
Items to 150 Linear Foot)*
6 Curb and Gutter Concrete Curb(TYPE A) Install (Less than or equal to 150 Linear Linear Ft $ 20.00
Items Foot)*
7 Curb and Gutter Concrete Curb (TYPE B) Removal & Disposal (Less than or equal Linear Ft $ 15.00
Items to 150 Linear Foot)*
^8 Curb and Gutter Concrete Curb(TYPE B) Install (Less than or equal to 150 Linear Linear Ft $ 20.00
Items Foot)*
9 Curb and Gutter Concrete Curb(TYPE D) Removal & Disposal (Less than or equal Linear Ft $ 15.00
Items to 150 Linear Foot)*
10 Curb and Gutter Concrete Curb (TYPE D) Install (Less than or equal to 150 Linear Linear Ft $ 20.00
Items Foot)*
11 Curb and Gutter Concrete Curb (Drop Curb) Removal & Disposal (Less than or Linear Ft $ 15.00
Items equal to 150 Linear Foot)*
12 Curb and Gutter Concrete Curb(Drop Curb) Install (Less than or equal to 150 Linear Ft $ 20.00
Items Linear Foot)*
13 Concrete Sidewalk Concrete Sidewalk, (New Installation)* Square Yd $ 70.00
Items
14 Concrete Sidewalk Concrete Sidewalk, (Removal & Disposal of Existing)* Square Yd $ 35.00
Items
15 Concrete Sidewalk Concrete Sidewalk, (Install/Replacement)* Square Yd $ 70.00
Items
16 Concrete Sidewalk ADA Sidewalk Ramps, (New Installation)* Square Yd $ 70.00
Items
17 Concrete Sidewalk ADA Sidewalk Ramps, (Removal & Disposal of Existing)* Square Yd $ 35.00
Items
18 Concrete Sidewalk ADA Sidewalk Ramps, (Install/Replacement)* Square Yd $ 70.00
Items
19 Concrete Sidewalk ADA Detectable Warning Mat(Install! Replacement)* Square Ft $ 40.00
Items
20 Concrete Sidewalk Concrete Grinding (County Wide)* Square Ft $ 20.00
Items
21 Concrete Drainage Mitered Ends (Removal & Disposal of Existing)* Square Yd $ 35.00
Items
22 Concrete Drainage Mitered Ends (Install/ Replacement)* Square Yd $ 70.00
Items
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23 Miscellaneous Man Construction Forman# Per Hour $ 50.00 l
Hours �-.
24 Miscellaneous Man Equipment Operator# Per Hour $ 40.00
Hours
25 Miscellaneous Man Laborer# Per Hour $ 30.00
Hours
26 N/A
27 Curb and Gutter Concrete Curb & Gutter Removal & Disposal (TYPE E) (Greater Linear Ft $ 15.00
Items than or equals to 151 Linear Foot)*
28 Curb and Gutter Concrete Curb & Gutter Install(TYPE E) (Greater than or equals Linear Ft $ 20.00 I
Items to 151 Linear Foot)*
29 Curb and Gutter Concrete Curb & Gutter Removal & Disposal(TYPE F) (Greater Linear Ft $ 15.00
Items than or equals to 151 Linear Foot)*
30 Curb and Gutter Concrete Curb & Gutter Install (TYPE F) (Greater than or equals Linear Ft $ 20.00
Items to 151 Linear Foot)*
31 Curb and Gutter Concrete Curb & Gutter Removal & Disposal (Special-for any Linear Ft $ 25.00
Items odd type)*
32 Curb and Gutter Concrete Curb&Gutter Install (Special-for any odd type)* Linear Ft $ 30.00
Items
33 Curb and Gutter Concrete Curb (TYPE A) Removal & Disposal (Greater than or Linear Ft $ 15.00
Items equals to 151 Linear Foot)*
34 Curb and Gutter Concrete Curb (TYPE A) Install (Greater than or equals to 151 Linear Ft $ 20.00
Items Linear Foot)*
35 Curb and Gutter Concrete Curb (TYPE B) Removal & Disposal (Greater than or Linear Ft $ 15.00
Items equals to 151 Linear Foot)*
36 Curb and Gutter Concrete Curb(TYPE B) Install (Greater than or equals to 151 Linear Ft $ 20.00
Items Linear Foot)*
37 Curb and Gutter Concrete Curb(TYPE D) Removal & Disposal (Greater than or Linear Ft $ 15.00
Items equals to 151 Linear Foot)*
38 Curb and Gutter Concrete Curb (TYPE D) Install (Greater than or equals to 151 Linear Ft $ 20.00
Items Linear Foot)*
39 Curb and Gutter Concrete Valley Gutter Removal & Disposal (Less than or equal to Linear Ft $ 15.00
Items 150 Linear Foot)*
40 Curb and Gutter Concrete Valley Gutter Install (Less than or equal to 150 Linear Linear Ft $ 20.00
Items Foot)*
41 Curb and Gutter Concrete Valley Gutter Removal & Disposal (Greater than or Linear Ft $ 15.00
Items equals to 151 Linear Foot)*
42 Curb and Gutter Concrete Valley Gutter Install (Greater than or equals to 151 Linear Ft $ 20.00
Items Linear Foot)*
43 Curb and Gutter Concrete Gutter Removal & Disposal (Special-for any odd type)* Linear Ft $ 25.00
Items
44 Curb and Gutter Concrete Gutter Install (Special-for any odd type)* Linear Ft $ 30.00
Items
45 Curb and Gutter Concrete Shoulder Gutter Removal & Disposal (Less than or equal Linear Ft $ 15.00
Items to 150 Linear Foot)*
46 Curb and Gutter Concrete Shoulder Gutter Install (Less than or equal to 150 Linear Linear Ft $ 20.00
Items Foot)*
47 Curb and Gutter Concrete Shoulder Gutter Removal & Disposal (Greater than or Linear Ft $ 15.00
Items equals to 151 Linear Foot)*
48 Curb and Gutter Concrete Shoulder Gutter Install (Greater than or equals to 151 Linear Ft $ 20.00
Items Linear Foot)*
49 Asphalt Sidewalk Asphalt Sidewalk, (New Installation)* Ton $ 250.00
Items
50 Asphalt Sidewalk Asphalt Sidewalk, Open Cut(Removal & Disposal of Existing)* Ton $ 100.00
Items
51 Asphalt Sidewalk Asphalt Sidewalk, Open Cut(Install/Replacement)* Ton $ 250.00
Items i
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/152 Asphalt Sidewalk Asphalt Sidewalk Overlay * Ton $ 250.00
Items
J3 Misc Asphalt Miscellaneous Asphalt(Removal & Disposal)* Ton $ 100.00
54 Misc Asphalt Miscellaneous Asphalt(Install/Replacment) Ton $ 250.00
55 Concrete Sidewalk Spauld Repair(on any type of concrete surface, County Wide)* Square Ft $ 75.00
Items
56 Concrete Drainage Curb Inlets Top (Removal &Disposal of Existing)* Square Yd $ 100.00
Items
57 Concrete Drainage Curb Inlets Top (Install/Replacement)* Square Yd $ 200.00
Items
58 Concrete Drainage Flumes(Removal & Disposal of Existing)* Square Yd $ 100.00
Items
59 Concrete Drainage Flumes(Install/ Replacement)* Square Yd $ 200.00
Items
60 Misc Concrete Rip Rap Concrete Bag 40lb Each $ 20.00
61 Misc Concrete Rip Rap Concrete Bag 601b Each $ 23.00
62 Misc Concrete Rip Rap Concrete Bag 801b Each $ 26.00
63 Misc Concrete Miscellaneous Concrete installation# Square Yd $ 200.00
64 Misc Concrete Miscellaneous Concrete (Removal & Disposal of Existing)# Square Yd $ 100.00
65 Material Items Limerock(Delivered and Installed)# Ton $ 50.00
66 Material Items Limerock(Delivered and Installed)# Square Yd $ 25.00
67 Material Items F• ill Dirt(Delivered and Installed)# Ton $ 40.00
68 Material Items F• ill Dirt(Delivered and Installed)# Square Yd $ 20.00
^69 Material Items Flowable Fill (Excavate-able)delivered # Cubic Yard $ 175.00
0 Material Items Flowable Fill(Non Excavate-able)delivered# Cubic Yard $ 195.00
71 Equipment Crane 100 tons and below# Per Hour $ 300.00
72 Equipment Track or Wheeled Excavator# Per Hour $ 100.00
73 Equipment Track or Wheeled Skid Steer# Per Hour $ 75.00
74 Equipment 15 Yard or less Dump Truck (Includes driver and removal and Per Hour $ 80.00
dumping of material)
75 Equipment 16 Yard or More Dump Truck (includes driver and removal and Per Hour $ 90.00
dumping of material)
76 Equipment Miscellaneous Equipment(Must be pre-approved by Project Per Hour $ 125.00
Manger to use on job site)
77 Equipment Long Stick tracked Excavator(60ft or greater)# Per Hour $ 150.00
78 Equipment T• ow behind Concrete Pump (with up to 1000 ft discharge Hose)# Per Hour $ 200.00
79 Equipment Concrete Pump truck (up to 200 ft boom)# Per Hour $ 350.00
80 Equipment 6"or less water pump Per Hour $ 50.00
81 Material Items Bahia Sod laid in Place# Square Ft $ 1.00
82 Material Items B• ahia Sod laid in Place# Pallet $ 300.00
83 Material Items Floratan Sod Laid in Place# Square Ft $ 1.50
84 Material Items Floratan Sod Laid in Place# I Pallet $ 450.00
85 Material Items Rip Rap Rubble Laid in place 6" - 12"# I Ton $ 125.00
86 Material Items Silt Screen including Installation and removal per 10Oft# Each $ 300.00
(100ft)
^437 Material Items Turbidity Barrier including Installation and removal per 100ft# Each $ 800.00
(100ft)
88 Misc Concrete Miscellaneous Concrete 2500 PSI with fiber mesh, delivered # Cubic Yard $ 150.00
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89 Misc Concrete Miscellaneous Concrete 3000 PSI with fiber mesh, delivered# Cubic Yard ( $ 170.00
90 Misc Concrete Miscellaneous Concrete 5000 PSI with fiber mesh, delivered# Cubic Yard $ 190.00
91 Alternate Concrete Alternate concrete grinding done by hand or any FDOT approved Square Ft $ 75.00
Grinding Method by Proposals only#
92 N/A
93 Material Items Materials mark up(only for items not listed on Bid Tab)# 20%
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Co.tler County Email: evelyncolon @colliergov.net
Administrative Services Division
Telephone: (239) 252-2667
Procurement Services FAX: (239) 252-2810
ADDENDUM 1
Memorandum
Date: April 20, 2015
From: Evelyn Colon, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 1
Solicitation # and Title 15-6442, Concrete: Sidewalks, Curbs, Floors and Other
Applications
The following information is issued as an addendum identifying the following change (s)for
the referenced solicitation:
• This Addendum is solely to provide the previous bid prices for 12-5974R
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
(Name of Firm)
Addendum 1
1
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5/26/2015 11.B.
Co ier County Email: adamnorthrup @colliergov.net
Administrative Services Division Telephone: (239) 252-2667
Procurement Services FAX: (239) 252-2810
ADDENDUM #2
Memorandum
Date: 04/27/2015
From: Evelyn Colon, Procurement Strategist
To: Interested Bidders
Subject: Addendum #2 (Correction)
Solicitation #and Title 15-6442 —Concrete: Sidewalks, Curbs, Floors and Other
Applications.
The following language is added to the solicitation as an addendum identifying the
following change (s)for the referenced solicitation:
Measurement of concrete
Square Yards are bid at unit price for six (6) inches of thickness, for thicknesses other than six
inches a multiplier will be used to calculate the square yards. (e.g. eight inches thick would use a
1.33 multiplier so that one square yard eight inches thick would be equivalent to 1.33 square
yards for payment purpose, four inches thick would use a 0.67 multiplier which one square yard
four inches thick would be equivalent to .67 square yards for payment purposes, 12 inches thick
would use a 2.0 multiplier so that one square yard 12 inches thick would be equivalent to 2.0
square yards for payment purposes, etc.)
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
As a result of this addition, the due date for this solicitation is also being extended until
04/30/2015, 3:00PM.
This addendum replaces an identical addendum issued on 4/27/2015 at 9:56am,
incorrectly labeled addendum #1.
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
(Name of Firm)
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5/26/2015 11 .B.
Colter County Email: evelyncolon @colliergov.net
Administrative Services Division Telephone: (239) 252-2667
Procurement Services FAX: (239) 252-2810
ADDENDUM #3
Memorandum
Date: 04/27/2015
From: Evelyn Colon, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 3
Solicitation #and Title 15-6442 —Concrete: Sidewalks, Curbs, Floors and Other
Applications.
The following language is added to the solicitation as an addendum identifying the
following change (s) for the referenced solicitation:
Item 63 will be used for items other than sidewalks, to include but not limited to such
items as: reinforced box culverts, catch basins, slabs, retaining walls, headwalls, loading
ramps, boat ramps, fixed water control structures, footers, etc.
Items 23 thru 25 & 71 thru 80 will be reported on the Attachment 8: Daily Activity Log and
used only when pre- authorized in writing from the Contract Supervisor or authorized
County Representative.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
As a result of this addition, the due date for this solicitation is also being extended until
05/06/2015, 3:00PM.
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
(Name of Firm)
Packet Page-276-
5/26/2015 11.B.
Colter County Email: evelyncolon @colliergov.net
Administrative Sernces Division Telephone: (239) 252-2667
Procurement services FAX: (239) 252-2810
ADDENDUM 4
Memorandum
Date:
From: Evelyn Colon, Procurement Strategist
To: Interested Bidders
Subject: Addendum 4
Solicitation #and Title 15-6442 —Concrete: Sidewalks, Curbs, Floors and Other
Applications.
The following language is added to the solicitation as an addendum identifying the
following change (s) for the referenced solicitation:
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
(Signature) Date
(Name of Firm)
Packet Page-277-
Project Manager:JR Gorentz 5/26/2015 11 .B.
Downloaded Specs:1/
Submittals:4
Bid Tabulation:15-6442 Concrete: Sidewalks,Curbs,Floors and Other
Related Applications
Neubert Construction BQ Concrete Quality Enterprises Bonness
Services,Inc.
$ 8,502.13 $ 8,690.00 $ 11,468.75 $ 12,463.45
Neubert Construction BQ Concrete Quality Enterprises Bonness
Services,Inc.
Vendors Check List Yes Yes Yes Yes
Bid Response Form Yes Yes Yes Yes
Local Vendor Preference Affidavit Yes Yes Yes Yes
Immigration Affidavit Yes Yes Yes Yes
Solicitations Substitute W-9 Yes Yes Yes Yes
E-Verify Yes Yes Yes Yes
Opened by.Evelyn Colon,Procurement Strategist
Witnessed by Adam Northrup,Procurement Strategist
Packet Page -278-
5/26/2015 11.B.
Colter County
Administrative Services Division
Procurement Services
INVITATION TO BID
Date: April 7, 2015
From: Evelyn Colon, Procurement Strategist
(239) 252-2667 (Telephone)
(239) 252-2810 (FAX)
evelyncolon @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other
Applications
As requested by the Growth Management Division, the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the purpose of obtaining
fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and .--„,
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: JR Gorentz, Road Maintenance Supervisor
Note: AU ITB responses must be submitted at Collier County's online purchasing
system at www.colliergov.net/bid.
0
Proaaam:f Scre cs Dcputneft•3327 Tamiam Tra4 Ear•Naples.Fioriaa 34H2-4907•www ceikeTe,netpurchasi^gp
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 6
Exhibit III: Standard Purchase Order Terms and Conditions 12
Exhibit IV: Additional ITB Terms and Conditions 15
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 22
Attachment 2: Vendor's Check List 23
Attachment 3: Vendor Submittal - Bid Response Form 24
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 26
Attachment 5: Vendor Submittal — Immigration Affidavit 27
Attachment 6: Vendor Substitute W—9 28
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 29
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Cofer County
Administrative Seniices Division
Procurement Services
Public Notice
i responses for Solicitation 15-6442, Concrete: Sidewalks, Curbs, Floors and
Sealed bid espo ,
Other Applications, will be received electronically only at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County
local time on April 28, 2015. Solicitation responses received after the stated time and date will
not be accepted.
Solicitation 15-6442, Concrete: Sidewalks, Curbs, Floors and Other Applications
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on April 7, 2015.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Division (hereinafter, the "Division"), the Collier County
Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this
Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms
in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a
minimum, must achieve the requirements of the Scope of Work and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
To setup contracted pricing for various concrete work, repairs and maintenance including, but not
limited to: roads, sidewalks, parking lots, curbs and building floors. Historically, the County has
spent approximately $1,000,000 annually on the current contract.
Detailed Scope of Work
See Exhibit V
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology:
The responsive bidder with the lowest line 26, BASE BID TOTAL will be awarded
primary vendor.
The line items will be weighted according to their usage on our previous contract. The
top used line items will be weighted at a higher quantity(the quantities on this bid are
solely for the purpose of scoring and Collier County makes no guarantees as to
quantities that will be purchased under this contract).
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a primary and a secondary vendor for all work ordered under this contract.
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Secondary vendor will be used in the event the primary vendor cannot comply with the County
project manager's time requirements.
• The contract will be in the form of a Collier County standard contract.
Term of Contract
The contract term, if an award(s) is/are made will begin upon Board Approval and is intended to
be for one (1) year term, with three (3) additional one (1) year renewal options.
Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon
the consumer price index (CPI) over the past twelve (12) months, budget availability and program
manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice April 7, 2015
Last Date for Receipt of Written Questions April 15, 2015 @ 3:00PM
Addendum Issued Resulting from Questions April 17, 2015
Solicitation Deadline Date and Time April 28, 2015 @ 3:00PM
Anticipated Evaluation of Submittals May 2015
Anticipated Board of County Commissioner's Contract Approval Date June 2015
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
• E-Verify
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
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^ 11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
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requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If
the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
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For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
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Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen(14)days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of
will conform to the specifications, drawings, the goods and/or services provided under this
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a).
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation
8. Statutory Conformity in performance, quality, functionality or additional
Goods and services provided pursuant to this cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable 12. Insurance Requirements
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 55% or more of the solicitation amount for said work.
5. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. Florida Wood Products
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The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
�-. fitness and quality are equal.
9. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
12. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
The County's project manager, shall coordinate with the Vendor/ Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
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with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
14. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk @collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each work order, payment requests may be
submitted to the Project Manager upon completion of the project by the Contractor for services
rendered for that project . Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of"'aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
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the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
15. Survivability
Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase
Order that extends beyond the expiration date of Solicitation 15-6442, Concrete: Sidewalks,
Curbs, Floors and Other Applications resultant of this solicitation will survive and remain subject to
the terms and conditions of that Agreement until the completion or termination of any Work
Order/Purchase Order.
16. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
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Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
17. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty-four(24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non-responsive.
18. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for
all employees that shall provide services to the County under this Agreement. This may include,
but not be limited to, checking federal, state and local law enforcement records, including a state
and FBI fingerprint check, credit reports, education, residence and employment verifications and
other related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four(4) years.
19. Maintenance of Traffic Policy
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For all projects that are conducted within a Collier County Right-of-Way, the Vendor 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 Transportation's Design Standards (DS) 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 the Risk Management and/or Purchasing Departments
and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
20. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
21. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
22. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
23. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
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service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and/or acceptance by the County.
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Colter County
Administrative Services Division
Procurement Services
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other Applications
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
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Cotter County
Administrative Services Division
Procurement Services
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other
Applications
• Opening Date: April 28, 2015 @ 3:00PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
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Corder County
Administrative Services Division
Procurement Services
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other Applications
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
* ** SEE FOLLOWING PAGES * **
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
❑ Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows: Line 26, BASE BID TOTAL $
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information .-,,
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
15-6442,Concrete:Sidewalks,Curbs,Floors and Other Packet Page -303- 25
5/26/2015 11.B.
Cofer Cou. tty
Administrative Services Division
Procurement Services
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other Applications (Check Appropriate
Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ECollier County or ❑ Lee County:
Number of Employees(Including Owner(s) or Corporate Officers):
Number of Employees Living in El Collier County or❑ Lee(Including Owner(s)or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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cotter County
Administrative Services Division
Procurement Services
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 15-6442, Concrete: Sidewalks, Curbs, Floors and Other Applications
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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coder county
Administrative Services Division
Procurement Services
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D =Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Colter County
Administrative Services Division
Procurement Services
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $500,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement.
4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
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6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100%of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5%of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
Ijb 3/31/2015
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 Number
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Exhibit V: Scope of Work
Portland Cement Concrete—Class 1
Intent of Contract: The intent of the Contract is to provide for the construction and completion in every
detail of the work described in the Contract. Contractor is responsible to furnish all labor, materials,
equipment, tools, transportation, and supplies required to complete the work in accordance with the
Contract Documents.
Prices quoted in this ITB shall include all man hours, full restoration and Maintenance of Traffic
(MOT) unless otherwise noted. Full restoration is defined as bring the disturbed area back to original or
better conditions. Areas that are disturbed due to Contractor staging area will be restored by Contractor at
no additional cost to the Department.
Contractor must supply a list of all equipment on hand to perform standard concrete repairs and
installation.
Work not covered by Standard Specifications: Proposed construction and any contractual requirements
not covered by these Standard Specifications may be covered by Contract plan notes or by Supplemental
Specifications or Special Provisions for the Contract, and all requirements of such Supplemental
Specifications or Special Provisions shall be considered as a part of these Specifications. Contractor will
follow FDOT's Road and Bridge Specifications for Section 522 Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials. Deliver
concrete to the placement site in a freshly mixed, unhardened state.
All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from detrimental
matter. Meet the following requirements of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and
revisions thereto current at the time of contract letting:
(a) Portland Cement Section 921
(b) Fine Aggregate Section 902
(c) Coarse Aggregate Section 901
(d)Water Section 923
(e) Chemical Admixtures Section 924
(f) Pozzolans and Slag Section 929
Materials
Meet the requirements specified in section 520-2 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and
revisions thereto current at the time of contract letting.
Forms
Provide forms as specified in section 520-3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition, approved by Project Manager, and
revisions thereto current at the time of contract letting. .-.
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Excavation
Excavation to the required depth, and compact the foundation material upon which these items are to be
placed as specified in section 120-9 of the Florida Department of Transportation Standard Specifications for
Road and Bridge Construction, and revisions thereto current at the time of contract letting. Contractor is
responsible for removing all roots, vegetation, unauthorized piping and other structures and items
located in the footprint of where the work is to take place at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used. Upon discovery
of active piping in the footprint the contractor will be responsible for capping off piping that may
cause washouts or other damage to the location at no additional cost to the department.
Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six (6)
inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to be
compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the sidewalk
when right-of-way allows. Contractor is responsible for any limerock base/fill material that may be
required under sidewalk to be removed and/or added, to keep consistent with the existing sidewalk
elevation(s) at no additional cost to the using Department; all cost should be included with the unit
price of pay item being used.
Expansion Joints
Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-1.1 of
the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most
current edition approved by Project Manager, and revisions thereto current at the time of contract letting.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open-Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both
sides. After the concrete has set sufficiently to preserve the width and shape of the joint, remove the
bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1/2 inch radius.
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/2
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
• 3/16 inch Saw cut joints, 11/2 inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
• 3/16 inch Saw cut joints, 1% inch deep within (96 hours) after finishing, maximum 5 foot centers.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and
revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the forms, to
obtain the required grade and remove surplus water and laitance.
Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than 1/4 inch under
a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of the sidewalk
with an edging tool having a radius of 1/2 inch. Apply a tine finish by an approved hand method to curb cut
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ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse grooves which are 0.03 to
0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately 1/2 inch center to center.
Curing
Cure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and
revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally approved mix
design. Use originally approved mix components and proportions, when unsatisfactory test results are
obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved plant
list. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to
ensure a consistent product. Within two hours prior to each day's batching, ensure that the concrete
production facility determines the free moisture for the coarse and fine aggregates. On concrete placements
expected to exceed three hours, perform an additional moisture test approximately half way through the
batching operations and adjust batch Proportions accordingly. Ensure that the calibration of the measuring
devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes.
At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for
accuracy by a qualified representative of a scale company registered with the Bureau of Weights and
Measures of the Florida Department of Agriculture. Have the accuracy of admixture measuring dispensers
certified annually by the admixture supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete
uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the
manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to the
mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to be
exceeded.
CONTROL OF QUALITY
Concrete Mix Design
Before producing any concrete, submit the proposed mix design to the Supervisor of Road Maintenance
Contracts and Projects on a form provided by the Department. Use only concrete mix designs meeting the
following requirements and having prior approval of the Supervisor of Road Maintenance Contracts and
Projects. Maximum water to cementitious materials ratio 0.55 lbs/lbs [0.55 kg/kg] Minimum 28-Day
Compressive Strength 2,500 psi [17 MPa] Minimum cementitious Materials Content 470 lbs/yd3 [280
kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be adjusted provided that the theoretical yield
requirement of the approved Mix design is met. Show all required original approved design mix data and
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batch adjustments and substituted material on the Department concrete delivery ticket. The Supervisor of
Road Maintenance Contracts and Projects may disqualify any concrete production facility for non-
^ compliance with Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The concrete
producer may use an alternate form provided that it contains the required information. Record material
quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher responsible for
production of the concrete, certifying that the batch was produced in accordance with specification
requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the maximum specified water
to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch, and that the
batch was delivered and placed in accordance with specification requirements. Concrete acceptance by the
Department will be by Certification on the Delivery Ticket, as described herein, by the Batcher and the
Contractor. The Supervisor of Road Maintenance Contracts and Projects will hold the contractor
responsible for rejecting loads of concrete that do not meet specification requirements, or exceeds the
allowable slump or water to cementitious materials ratio. Replace, at no cost to the Department, all concrete
that does not meet the 28-day compressive strength requirements. At the sole option of the Department, the
Supervisor of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
determined that the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of
contract letting.
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions
thereto current at the time of contract letting.
Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp or
bends, and of sufficient strength, when staked, to resist the pressure of the concrete without deviation from
line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being deposited
against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of Road
Maintenance Contracts and Projects provided that the Contractor consistently produces an acceptable
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finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to be
placed as specified in section 120-9 of the Florida Department of Transportation Standard Specifications for
Road and Bridge Construction, and revisions thereto current at the time of contract letting. Contractor is
responsible for any limerock base/fill material that may be required to be removed and/or added, to keep
consistent with the existing elevation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used. This item also includes removal of roots,
unauthorized piping or other structures or items that have intentionally/unintentionally been placed
in footprint of the work to be completed that must be removed.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either formed or
sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they are of the
dimensions, and set to the lines shown. Hold templates firmly while placing the concrete. Leave templates
in place until the concrete has set sufficiently to hold its shape, but remove them while the forms are still in
place. Saw contraction joints, for machine placed items, unless the Supervisor of Road Maintenance
Contracts and Projects approves an alternate method. Saw the joints as soon as the concrete has hardened
to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins.
Space contraction joints at intervals of ten (10) feet except where closure requires a lesser interval, but do
not allow any section to be less than four(4)feet in length.
Expansion Joints
Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or by
Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between other
expansion joints or ends of a run. Ensure that the joint is 1/2 inch in width.
Finishing— Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects with
mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of Road
Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove and replace
any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road Maintenance
Contracts and Projects will only require a brush finish. For any surface areas, which are too rough or where
other surface defects make additional finishing necessary, the Supervisor of Road Maintenance Contracts
and Projects may require the Contractor to rub the curb to a smooth surface with a soft brick or wood block,
using water liberally. Also, if necessary to provide a suitable surface, the Supervisor of Road Maintenance
Contracts and Projects may require the Contractor to rub further, using thin grout or mortar.
Curing—General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing after
completely finishing and as soon as the concrete has hardened sufficiently to permit application of the
curing material without marring the surface. Immediately replace any curing material removed or damaged
during the seventy two (72) hour period. After removing the forms, cure the surfaces exposed by placing a
berm of moist earth against them or by any of the methods described below, for the remainder of the
seventy two (72) hour curing period. .-.
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Wet Burlap Method
Place burlap, as specified in section 925-1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting,
over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure
complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely in place such
that it will be in continuous contact with the concrete at all times, and do not allow any earth between the
burlap surfaces at laps or between the burlap and the concrete. Saturate the burlap with water before
placing it, and keep it thoroughly wet throughout the curing period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section 925-
2 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
and revisions thereto current at the time of contract letting, by a hand sprayer meeting the requirements of
section 350-3.10 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and revisions thereto current at the time of contract letting, in a single coat continuous film at
a uniform coverage of at least two hundred (200) square feet per gallon. Immediately recoat any cracks,
checks, or other defects appearing in the coating. Thoroughly agitate the curing compound in the drum prior
to application, and during application as necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of
contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side
to ensure complete coverage. Overlap adjacent strips a minimum of six (6) inches. Hold the sheeting
securely in place and in continuous contact with the concrete at all times.
Backfilling and Compaction
^ After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces in front
and back of the curb to required elevation with suitable material (Contractor is responsible for any
limerock base/fill material that may be required to be removed and/or added, to keep consistent with
the existing elevation(s) at no additional cost to the using Department; all cost should be included
with the unit price of pay item being used). Place and thoroughly compact the material in layers not
thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the centerline of
the roadway and while the concrete is still plastic. Perform straight edging along the edge of the gutter
adjacent to the pavement or along other lines on the gutter cross-section, as directed by the Supervisor of
Road Maintenance Contracts and Projects. Immediately correct irregularities in excess of inch.
Quality& Final Cleaning Up of Right-of-Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality and
acceptance. Upon completion of the work, and before the Department accepts the work and makes final
payment, remove from the right-of-way and adjacent property all falsework, equipment, surplus and
discarded materials, rubbish and temporary structures: Restore in an acceptable manner all property, both
public and private, that has been damaged during the prosecution of the work; and leave the waterways
unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work
under Contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property,
with or without the consent of the property owners. Areas determined to be unsatisfactory, by the
Supervisor of Road Maintenance Contracts and Projects, shall be removed and replaced at no additional
cost to the Department. Repairs shall be completed prior to submission of the Contractor's invoice for work
accomplished during the cycle. However, the Director of Road Maintenance's judgment when
evaluating completed work shall be final.
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LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require the ^
Contractor to finish a section on which work is in progress before starting work on any additional section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to ensure
the least practicable interference with traffic. Operate all vehicles and other equipment safely and without
hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored
along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is provided to
the awarded Contractor. Give the work the constant attention necessary to ensure the scheduled progress,
and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and with other
contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and/or his
appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in
progress to act as the Contractor's agent. Provide a superintendent who is a competent superintendent
capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of work
being performed. Provide a superintendent with the full authority to receive instructions from the Supervisor
of Road Maintenance Contracts and Projects, including promptly supplying any materials, tools, equipment,
labor, and incidentals that may be required. Furnish such superintendence regardless of the amount of work
sublet. Provide a superintendent who speaks and understands English, and maintain at least one other
responsible person who speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has at least
one year of experience directly related to worksite traffic control in a supervisory or responsible capacity and
is certified by the American Traffic Safety Services Association Worksite Traffic Supervisor Certification
Program or an equal approved by the CCBC. Use approved alternate Worksite Traffic Supervisors when
necessary. Provide a Worksite Traffic Supervisor who is available on a twenty four (24) hour per day basis,
and who reviews the project on a day-to-day basis and participates in all changes to traffic control. Provide
the Worksite Traffic Supervisor with access to all equipment and materials needed to maintain traffic control
and handle traffic related situations. Ensure that the Worksite Traffic Supervisor immediately corrects all
safety deficiencies Do not allow minor deficiencies that are not immediate safety hazards to remain
uncorrected for more than twenty four (24) hours. Ensure that the Worksite Traffic Supervisor is present to
direct the initial setup of the traffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone traffic
control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance Contracts and
Projects may remove from the project a Worksite Traffic Supervisor that fails to comply with the provisions
of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at any
time prior to or during the progress of the work, such increases or decreases in quantities, whether a
significant change or not, and such alterations in the details of construction, whether a substantial change or
not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may
be found necessary or desirable by the Supervisor of Road Maintenance Contracts and Projects. Such
increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the
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Contract. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the
original Contract. In the instance above, the determination by the Supervisor of Road Maintenance
^ Contracts and Projects shall be conclusive and shall not subject to challenge by the Contractor in any
forum, except upon the Contractor establishing by clear and convincing proof that the determination by the
Supervisor of Road Maintenance Contracts and Projects was without any reasonable and good-faith basis.
Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to the
satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of Road
Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of whatever nature,
that may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the
Contract, and as to the character, quality, amount, and value of any work done, and materials furnished,
under or by reason of the Contract. The Director of Road Maintenance will have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants: The
Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and representatives,
as he desires. These assistants and representatives are authorized to inspect all work done and all
materials furnished. Such inspection may extend to all or any part of the work and to the manufacture,
preparation, or fabrication of the materials to be used. Such assistants and representatives are not
authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to
call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents,
and have the authority to reject materials or suspend the work until any questions at issue can be referred
to and decided by the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of Road
Maintenance Contracts and Projects will immediately notify the Contractor in writing of any such suspension
of the work, stating in detail the reasons for the suspension. The presence of the inspector or other
assistant in no way lessens the responsibility of the Contractor. The Director of Road Maintenance will
have the final authority.
DEFAULT AND TERMINATION OF CONTRACT:
Determination of Default: The Supervisor of Road Maintenance Contracts and Projects will give notice, in
writing, to the Contractor for any delay, neglect, or default, if the Contractor:
(a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the Contract;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew such
work that the Supervisor of Road Maintenance Contracts and Projects rejects as unacceptable and
unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a reasonable
time after the Supervisor of Road Maintenance Contracts and Projects notifies the Contractor to do
so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance Contracts
and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described above,
fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road Maintenance
Contracts and Projects will have full power and authority, without violating the Contract, to take the
prosecution of the work out of the hands of the Contractor and to declare the Contractor in default. In the
event the Contractor fails to perform any required service within the time schedule under the contract, the
County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct
the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt
from this provision if such exemption is granted by the Supervisor of Road Maintenance Contracts and
Projects or his designee, in writing, prior to any delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor of
Road Maintenance Contracts and Projects or his designee, finds the Contractor in default, Contractor's
recovery against the County shall be limited to that portion of the Contract Amount earned through the date
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of termination, together with any retainage withheld. The Contractor shall not be entitled to any other or
further recovery against the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his assistant will
measure all work completed under the Contract in accordance with the United States Standard Measures
[International System of Units (SI) Measures].
Scope of Payments
Items included in Payment: Accept the compensation as provided in the Contract as full payment for
furnishing all materials and for performing all work contemplated and embraced under the Contract; also for
all loss or damage arising out of the nature of the work or from the action of the elements, or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work
until its final acceptance; also for all other costs incurred under the provisions of the Florida Department of
Transportation, Standard Specifications for Road and Bridge Construction or most current edition approved
by Project Manager, and revisions thereto current at the time of contract letting.
For any item of work contained in the proposal, except as might be specifically provided otherwise in the
basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the pay item
or items the cost of all labor, equipment, materials, tools and incidentals required for the complete item of
work, including all requirements of the Section specifying such item of work, except as specifically excluded
from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or material
prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of
the completed work prior to final acceptance, then the Department will not allow payment for such defective
or questioned work until the Contractor has remedied the defect and removed any causes of doubt.
Control of Work: The Supervisor of Road Maintenance Contracts and Projects will review completed areas
for quality and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance
Contracts and Projects, shall be removed and replaced at no additional cost to the Department.
Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures, mail
boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of the
Supervisor of Road Maintenance Contracts and Projects at no additional cost to the Department. Repairs
shall be completed prior to submission of the Contractor's invoice for work accomplished.
Basis of Payment: Payment shall be full compensation for furnishing all equipment, materials, labor,
disposal, and incidentals necessary to complete all specified operations.
Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than five (5)
days in advance of the planned start day of work. Upon the receipt of such notice, the Supervisor of Road
Maintenance Contracts and Projects may give the Contractor Notice to Proceed and may designate the
point or points to start the work. In the Notice to Proceed, the Supervisor of Road Maintenance Contracts
and Projects may waive the five (5) day advance notice and authorize the Contractor to begin immediately.
Notify the Supervisor of Road Maintenance Contracts and Projects in writing at least two (2) days in
advance of the starting date of important features of the work. Do not commence work under the Contract
until after the Supervisor of Road Maintenance Contracts and Projects has issued the Notice to Proceed.
The Supervisor of Road Maintenance Contracts and Projects will issue the Notice to Proceed within thirty
(30) days after execution of the Contract.
Compliance with Time Requirements: Commence work in accordance with the approved working
schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s)
set forth in the proposal. Should the Contractor fail to furnish sufficient and suitable equipment, forces, and
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materials, as necessary to prosecute the work in accordance with the required schedule, the Supervisor of
Road Maintenance Contracts and Projects may withhold all estimates that are, or may become due, or
suspend the work until the Contractor corrects such deficiencies. A deduction of ten percent (10%) will
be deducted from invoices for non-compliance with quoted time frames.
Pre-construction Conference: Immediately after awarding the Contract but before the contractor begins
work; the Supervisor of Road Maintenance Contracts and Projects will call a pre-construction conference at
a place the Supervisor of Road Maintenance Contracts and Projects designates to go over the construction
aspects of the project. Attend this meeting, along with the Department and the various utility companies that
may be involved with the repair. This meeting will be mandatory.
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