Agenda 06/24/2014 Item #16A 86/24/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to award a Contract from Bid # 13 -6168 "Demolition of Commercial and
Residential Structures" to Honc Enterprises, Inc., d /b /a/ Honc Destruction, as the Primary
Contractor and Paragon Construction Unlimited, Inc., as the Secondary Contractor.
OBJECTIVE: To award a Contract from Bid 913-6168 for "Demolition of Commercial and
Residential Structures" to Honc Enterprises, Inc., d/b /a/ Honc Destruction, as the Primary
Contractor and Paragon Construction Unlimited, Inc., as the Secondary Contractor.
CONSIDERATION: The Code Enforcement Department is responsible for the enforcement of
Collier County Land Development Code and Collier County Code of Laws and Ordinances
within unincorporated Collier County. Several code provisions grant authority to the County to
abate nuisances including the demolition of non - compliant structures when the property owner
fails to comply after legal notice and due process requirements have been met.
The Collier County Purchasing Department posted Bid # 13 -6168 on April 9, 2014. Notices were
electronically transmitted to 455 contractors and four (4) bids were received. Bids were
tabulated using a table of services with unit pricing for each service. Overall tabulation of the
unit pricing from each company determined rank. This was done to provide better selection of
firms and tailor the award of each job to the company that can provide the best value to the
County.
Staff recommends award to Honc Enterprises, Inc., d /b /a/ Honc Destruction, as the Primary
Contractor with the lowest most responsive bid and Paragon Construction Unlimited, Inc., as the
Secondary Contractor. Southwest Builders Inc., the original second lowest bidder, has
withdrawn its proposal.
If the Primary Contractor is not available /capable to perform work in the timeframe requested,
the Secondary Contractor may be utilized. The bid tabulation reflecting the unit prices of each
contractor is also attached for review.
FISCAL IMPACT: During FY 2012 -13 the Code Enforcement Department contracted for 12
structural demolitions with an average cost of $3,300 per structure. Code Enforcement
anticipates twenty (20) demolitions in the current fiscal year. Costs associated with demolition
services are budgeted from the unincorporated area General Fund 111. Demolition expenses are
generally recovered through invoices sent to affected property owners. A lien is placed on the
property if invoices are not paid.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact
associated with this Executive Summary.
Packet Page -545-
6/24/2014 16.A.8.
RECOMMENDATION: That the Board of County Commissioners award Bid 413 -6168,
"Demolition of Commercial and Residential Structures" to Honc Enterprises, Inc., d/b /a/ Honc
Destruction, as Primary Contractor and Paragon Construction Unlimited, Inc., as Secondary
Contractor, and authorize the Chairman to execute the attached contracts after final review and
approval by the County Attorney's Office.
Prepared By: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachments: (1) Tabulation Sheet (2) Solicitation (3) Contracts
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6/24/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to award Bid # 13 -6168 Demolition of Commercial and
Residential Structures to Honc Enterprises, Inc. d /b /a/ Honc Destruction, as the Primary
Contractor and Paragon Construction Unlimited, Inc., as the Secondary Contractor.
Meeting Date: 6/24/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
5/14/2014 11:32:20 AM
Submitted by
Title: Manager - Code Enforcement Operations, Code Enforcement
Name: SerranoMarlene
5/14/2014 11:32:21 AM
Approved By
Name: HerreraSandra
Title: Procurement Specialist, Purchasing & General Services
Date: 5/15/2014 3:21:13 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/16/2014 3:20:26 PM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 5/18/2014 9:32:37 PM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 5/19/2014 11:19:58 AM
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6/24/2014 16.A.8.
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 5/19/2014 11:20:09 AM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 5/19/2014 11:56:44 AM
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 5/19/2014 12:55:54 PM
Name: Johnson Scott
Title: Manager - Procurement, Purchasing & General Services
Date: 5/20/2014 4:23:40 PM
Name: CummingsRhonda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/5/2014 11:40:40 AM
Name: CummingsRhonda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/5/2014 11:40:48 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/5/2014 1:37:11 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:49:26 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/11/2014 10:59:47 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 11:27:19 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 10:30:04 AM
Packet Page -548-
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6/24/2014 16.A.8.
6/24/2014 16.A.8.
7e�r Comity
Adn-tinistlafive Services Division
Purchasing
INVITATION TO BID
Date: March 14, 2014
From: Rhonda Cummings, Procurement Strategist
(239) 252 -8941 (Telephone)
(239) 252 -6700 (FAX)
RhondaCummings @colliergov.net (Email)
To: Prospective Contractors
Subject: Solicitation: 13 -6168 Demolition Commercial and Residential Structures
As requested by the Code Enforcement, Transportation, Housing and Human Services
Departments, and others, 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 contractors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Marlene Serrano, Manager, Code Enforcement Operations
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copies, including all required forms.
Purch3si ;g 6epartrrt,FA • 3327 Tamiami Lail Easi • hap #es. Florida 34112-419131 • v✓ aro.col #iergov.ne purchasing
#13 -6168 Demolition Commercial and Residential Structures
ITB Template_07012013
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Invitation to Bid
Index
PublicNotice ............................................................................................... ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4
Exhibit II: General Bid Instructions ............................................................. ............................... 9
Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................15
Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................18
Attachment 1: Contractor Submittal - Contractor's Non - Response Statement ..........................26
Attachment 2: Contractor's Check List ........................................................ .............................27
Attachment 3: Contractor Submittal - Bid Response Form .......................... .............................28
Attachment 4: Contractor Submittal — Local Contractor Preference Affidavit .............................30
Attachment 5: Contractor Submittal — Immigration Affidavit .......................... .............................32
Attachment 6: Contractor Substitute W — 9 ................................................... .............................33
Attachment 7: Contractor Submittal - Insurance and Bonding Requirements ...........................34
#13 -6168 Demolition Commercial and Residential Structures 2
ITB Template_07012013
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6/24/2014 16.A.8.
Public Notice
Sealed bid responses for Solicitation 13 -6168 Demolition Commercial and Residential
Structures, will be received electronically only at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 pm., Collier County local time
on April 9, 2014. Solicitation responses received after the stated time and date will not be
accepted.
Solicitation 13 -6168 Demolition Commercial and Residential Structures
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 contractors.
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 contractors 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
Interim Purchasing /General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the lobby of the Purchasing Building on March 14, 2014.
#13 -6168 Demolition Commercial and Residential Structures
ITB Template_07012013
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6/24/2014 16.A.8.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Code Enforcement, Transportation, Human Services
Departments, and other Departments (hereinafter, the "Division or Department'), 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 Contractor, 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
These specifications are intended to provide the information by which prospective bidders
may understand the requirements of Collier County relative to demolition of commercial
and residential buildings including mobile homes.
Background
Historically, County departments have spent approximately $82,000 over a four year period.
Detailed Scope of Work
Work shall include furnishing all necessary materials and completing all work, including
labor, transportation, supervision, equipment and traffic control incidental to the Project,
as described during the site visit and as directed by Project Manager.
• Grade and level each described property to the grade of the surrounding area.
Clearing shall consist of, but not be limited to, any structure, pools, sheds,
improvements, shrubs, hedges, walls, fences, landscape timbers, vehicles, boats, tires
and drums, etc.
• Sites to be free and clear on, in, under or about the project site.
• Removal of mail box (if requested).
• Foundations that may extend to below grade shall also be removed.
• All material, rubbish and debris shall be removed from the property and legally
disposed of by the Contractor. A receipt from the landfill must be submitted to the
County before inspection of the site and acceptance of the work will be approved.
Reimbursement will be based on Receipt for tipping fee (required at time of invoice).
• The public Right of Way will be kept clear at all times. No materials other than dirt and
small gravel six inches (6 ") or less shall be left upon the site (this material cannot be
crushed and left on -site) nor shall any fill placed upon the site be other than dirt or
small gravel. Sidewalks are not to be removed.
#13 -6168 Demolition Commercial and Residential Structures 4
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• Fencing that restricts the entrance to a demolition site may be removed only at the
front entrance of the property abutting the street. Removal must be from corner post
to corner post and replacement of this fencing will not be required. Any remaining side
and back fencing is to remain intact unless that fence is in a dilapidated condition and
is a hazard to this property as determined by the County.
• Contractor will have a maximum of thirty (30) days from the purchase order issue date
to successfully complete the demolition of each location. Indicate on Bid Response
Form the maximum number of calendar days to mobilize after issuance of Purchase
Order_
• The Contractor shall videotape the property prior to the demolition and provide a copy
of the tape at completion. The Contractor shall also notify Animal Control, if
necessary, prior to demolition, to visit the site and remove any stray animals.
• The Contractor /Subcontractor shall obtain and pay for all required permits and
licenses and shall comply with all State and Local laws, codes and ordinances
regarding demolition and site work. The only exception will be when obtaining a
D.E.P. permit. As this permit may not be necessary for every demolition, the County,
in those instances, will reimburse the Contractor for the cost of the D.E.P. permit.
• The Contractor shall comply with County codes and ordinances to insure the proper
disconnection of utilities and shall properly cap any sewer lines or connections.
Disconnection of underground utility services is required to be on public thoroughfares.
• Contractor shall comply with all local requirements and regulations respecting
barricading of streets and removal /restoration of pavement and other pertinent
matters. A Maintenance of Traffic (MOT) Plan may be necessary when required by
the project.
• The Contractor will be responsible for obtaining asbestos survey(s) and onsite
demolition supervision and provide all asbestos written reports, when required by the
Project, to the department issuing the purchase order.
• The Contractor will be responsible to provide water on -site if applicable.
• If project time is over twenty -four (24) hours in duration, a property fence (chain link)
must be installed to secure equipment and protect the safety and welfare of the
neighboring populace.
• Collier County assumes no responsibility for the condition of the buildings, structures,
and other property in the area of the demolition or for their continuance in the condition
existing at the time of issuance of the Notice to Proceed and /or purchase order. Work
commencement must take place within ten (10) business days or as directed by
Project Manger.
#13 -6168 Demolition Commercial and Residential Structures 5
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• Upon execution of the contract, the work of demolition and site clearance on all or any
part of the demolition area, all rights, titles, and interest of Collier County in and to the
buildings, structures and other property to be demolished and removed by the
Contractor shall be deemed to be vested in the Contractor, subject to the provisions of
the contract and the following:
1. No right, title, property, or interest of any kind whatsoever in or to the land or
premises upon which such building or structures stand, is created, assigned,
conveyed, granted or transferred to the Contractor or any other person or
persons except only the license and right of entry to remove such building and
structures in strict accordance with the contract.
2. All salvage becomes the property of the Contractor but storage of such
materials and equipment on the project will not be permitted except for the
duration of the contract. Such storage shall at no time interfere with activities of
Collier County or other contractors.
3. No structure shall be removed from the premises as a whole or in a
substantially whole condition, but all such buildings shall be demolished on the
premises (any removal of buildings, materials etc. must be pre- approved by the
Project Manager).
4. Work shall be accomplished during the operating time of the County 7:30 a.m.
to 5:00 p.m., Monday through Friday, excluding recognized holidays. Any work
hours outside these times will need Project Manager /County approval.
5. Failure to complete the project within the required timeframes shall create a
right in the County to the following cumulative remedies:
• Termination of award.
• Payment of any damages to the County caused by delay, including any
increased costs associated with selecting another contractor.
• Liquidated damages will be determined on a case by case basis and will
be calculated prior to the commencement of the job and communicated
on the Purchase Order.
The County may take procession of appliances, cabinetry, windows, doors, well pumps, etc.
from the proposed site. The removal of these items will take place prior to the contractor
starting the project.
Bidders on any service related project, including construction, must be qualified and directly
responsible for 70% or more of the solicitation amount for said work. No subcontractor will
attend pre -quote meeting in lieu of the awarded Contractor. Failure of awarded contractor to
attend may lead to termination of the contract.
Contractor will have a maximum of thirty (30) days from the purchase order issue date to
successfully complete the demolition of each location.
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).
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• 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 contractor's proposal prior
to the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive contractor(s)
in accordance with the following methodology:
• Bid award will be based on base price
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select multiple awardees
• 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 is intended to be for one (1) year with three (3) one
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
March 14, 2014
Last Date for Receipt of Written Questions
March 28, 2014, 4:00
p.m., Naples Local
Time
Addendum Issued Resulting from Written Questions
TBD
Solicitation Deadline Date and Time
April 9, 2014, 2:30
p.m., Naples Local
Time
Anticipated Evaluation of Submittals
Aril 2014
Anticipated Board of County Commissioner's Contract
April /May 2014
Approval Date
Contractor Required Documents
• Attachment 2: Contractor's Check List
• Attachment 3: Contractor Bid Response Form
• Attachment 4: Local Contractor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Contractor Substitute W -9
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• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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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 contractor will
hereinafter be referred to as the "Contractor"
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. Contractor 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
Contractors 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.
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
Contractors 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 Contractors 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 Contractor'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 rip or 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 contractors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those contractors
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
For electronic submissions...
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net /bid.
For paper submissions...
All paper bids shall be submitted to the County Purchasing Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award.
Contractors must submit one (1) paper copy clearly labeled "Master," and one (1) compact
disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier
service must have the bid number and title on the outside of the courier packet.
Contractors who wish to receive copies of bids after the bid opening may view and download
same from the Collier County Purchasing Department Internet bid site.
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9. Questions
If the contractor 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.
Contractors 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 actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
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.
Contractors 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 Contractor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2008 -181 establishing and adopting the Collier County Purchasing Policy.
The Collier County Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of local businesses to receive awards of Collier County
purchases.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the contractor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical
address. In addition to the foregoing, a contractor shall not be considered a "local business"
unless it contributes to the economic development and well -being of either Collier or Lee County in
a verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
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Contractors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non -local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of
the price submitted by the non -local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local contractor) shall have the opportunity to submit an offer to match
the price(s) offered by the overall lowest, qualified and responsive contractor. In such instances,
staff shall first verify if the lowest non -local contractor and the lowest local contractor are in fact
qualified and responsive contractors.
Next, the Purchasing Department shall determine if the lowest local contractor meets the
requirements of Section 287.087 F.S.
If the lowest local contractor meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local contractor to submit a matching offer to the Purchasing Department
which shall be submitted within five (5) business days thereafter. If the lowest local contractor
submits an offer that fully matches the lowest quote from the lowest non -local contractor tendered
previously, then award shall be made to the local contractor. If the lowest local contractor
declines or is unable to match the lowest non local quote price(s), then award will be made to the
lowest overall qualified and responsive contractor. If the lowest local contractor does not meet the
requirement of Section 287.087 F.S. and the lowest non -local contractor does, award will be made
to the contractor that meets the requirements of the referenced state law.
Contractor must complete and submit with its quote response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Contractor to submit this Affidavit with their quote response will
preclude said Contractor from being considered for local preference under this solicitation.
A Contractor who misrepresents the Local Preference status of its firm in a quote 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 any of the competing
contractors 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
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Contractors / 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 contractor'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.
Contractors 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 /Contractor does not comply with providing both the
acceptable E- Verify evidence and the executed affidavit the bidder's / contractor's proposal
may be deemed non - responsive.
Additionally, contractors shall require all subcontracted contractors to use the E- Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify)
program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor 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 sea• and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
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.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
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.
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Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask contractors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all contractors provide
said certification; the County will give local contractor 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.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing 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 Purchasing Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
any goods sold hereunder shall transfer to
This offer is subject to cancellation by the
the COUNTY at the time and place of
COUNTY without notice if not accepted by
delivery; provided that risk of loss prior to
CONTRACTOR within fourteen (14) days of
actual receipt of the goods by the COUNTY
issuance.
nonetheless remain with CONTRACTOR.
b) No charges will be paid by the COUNTY for
2. Acceptance and Confirmation
packing, crating or cartage unless otherwise
This Purchase Order (including all documents
specifically stated in this Purchase Order.
attached to or referenced therein) constitutes
Unless otherwise provided in Purchase
the entire agreement between the parties, unless
Order, no invoices shall be issued nor
otherwise specifically noted by the COUNTY on
payments made prior to delivery. Unless
the face of this Purchase Order. Each delivery of
freight and other charges are itemized, any
goods and /or services received by the COUNTY
discount will be taken on the full amount of
from CONTRACTOR shall be deemed to be upon
invoice.
the terms and conditions contained in this
c) All shipments of goods scheduled on the
Purchase Order.
same day via the same route must be
consolidated. Each shipping container must
No additional terms may be added and Purchase
be consecutively numbered and marked to
Order may not be changed except by written
show this Purchase Order number. The
instrument executed by the COUNTY.
container and Purchase Order numbers must
CONTRACTOR is deemed to be on notice that
be indicated on bill of lading. Packing slips
the COUNTY objects to any additional or different
must show Purchase Order number and
terms and conditions contained in any
must be included on each package of less
acknowledgment, invoice or other communication
than container load (LCL) shipments and /or
from CONTRACTOR, notwithstanding the
with each car load of equipment. The
COUNTY'S acceptance or payment for any
COUNTY reserves the right to refuse or
delivery of goods and /or services, or any similar
return any shipment or equipment at
act by CONTRACTOR.
CONTRACTOR'S expense that is not
marked with Purchase Order numbers.
3. Inspection
CONTRACTOR agrees to declare to the
All goods and /or services delivered hereunder
carrier the value of any shipment made under
shall be received subject to the COUNTY'S
this Purchase Order and the full invoice value
inspection and approval and payment therefore
of such shipment.
shall not constitute acceptance. All payments are
d) All invoices must contain the Purchase Order
subject to adjustment for shortage or rejection.
number and any other specific information as
All defective or nonconforming goods will be
identified on the Purchase Order. Discounts
returned pursuant to CONTRACTOR'S
of prompt payment will be computed from the
instruction at CONTRACTOR'S expense.
date of receipt of goods or from date of
receipt of invoices, whichever is later.
To the extent that a purchase order requires a
Payment will be made upon receipt of a
series of performances by CONTRACTOR, the
proper invoice and in compliance with
COUNTY prospectively reserves the right to
Chapter 218, Fla. Stats., otherwise known as
cancel the entire remainder of the Purchase
the "Local Government Prompt Payment
Order if goods and /or services provided early in
Act," and, pursuant to the Board of County
the term of the Purchase Order are
Commissioners Purchasing Policy.
non - conforming or otherwise rejected by the
COUNTY.
5. Time Is Of the Essence
Time for delivery of goods or performance of
4. Shipping and Invoices
services under this Purchase Order is of the
a) All goods are FOB destination and must be
essence. Failure of CONTRACTOR to meet
suitably packed and prepared to secure the
delivery schedules or deliver within a reasonable
lowest transportation rates and to comply
time, as interpreted by the COUNTY in its sole
with all carrier regulations. Risk of loss of
judgment, shall entitle the COUNTY to seek all
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remedies available to it at law or in equity.
CONTRACTOR agrees to reimburse the
COUNTY for any expenses incurred in enforcing
its rights. CONTRACTOR further agrees that
undiscovered delivery of nonconforming goods
and /or services is not a waiver of the COUNTY'S
right to insist upon further compliance with all
specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and CONTRACTOR. Notwithstanding
the foregoing, CONTRACTOR has an affirmative
obligation to give . notice if the changes will
decrease costs. Any claims for adjustment by
CONTRACTOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may be
agreed upon by the parties.
Warranties
CONTRACTOR expressly warrants that the
goods and /or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and will
be of satisfactory material and quality production,
free from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
Advertising
No CONTRACTOR providing goods and services
to the COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
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10. Indemnification
CONTRACTOR shall indemnify and hold
harmless the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to attorneys'
fees, arising from, caused by or related to the
injury or death of any person (including but not
limited to employees and agents of
CONTRACTOR in the performance of their duties
or otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and /or
services to be provided hereunder.
11. Warranty of Non - Infringement
CONTRACTOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any patent,
trademark, copyright or trade secret; and c) do
not constitute unfair competition.
CONTRACTOR shall indemnify and hold
harmless the COUNTY from and against any and
all claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim, suit
or proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with
CONTRACTOR'S representations and warranties
in section 11 (a).
If any claim which arises from CONTRACTOR'S
breach of section 11 (a) has occurred, or is likely
to occur, CONTRACTOR may, at the COUNTY'S
option, procure for the COUNTY the right to
continue using the goods or services, or replace
or modify the goods or services so that they
become non - infringing, (without any material
degradation in performance, quality, functionality
or additional cost to the COUNTY).
12. Insurance Requirements
The CONTRACTOR, at its sole expense, shall
provide commercial insurance of such type and
with such terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the CONTRACTOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
CONTRACTOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
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ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, CONTRACTOR acknowledges
and without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor CONTRACTOR shall
be responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When CONTRACTOR has knowledge of any
actual or potential force majeure or other
conditions which will delay or threatens to delay
timely performance of this Purchase Order,
CONTRACTOR shall immediately give notice
thereof, including all relevant information with
respects to what steps CONTRACTOR is taking
to complete delivery of the goods and /or services
to the COUNTY.
15. Assignment
CONTRACTOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the COUNTY.
Any assignment made without such consent shall
be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
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This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the CONTRACTOR. This Purchase
Order may be terminated immediately by the
COUNTY for breach by CONTRACTOR of the
terms and conditions of this Purchase Order,
provided that COUNTY has provided
CONTRACTOR with notice of such breach and
CONTRACTOR has failed to cure within 10 days
of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by CONTRACTOR shall not constitute a
waiver of breach. Waiver of the COUNTY by
any default by CONTRACTOR hereunder
shall not be deemed a waiver of any
subsequent default by CONTRACTOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Contractor agrees to reimbursement of
any travel expenses that may be associated
with this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional 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 Contractor.
2. Conflict of Interest
Contractor 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. Contractor Performance Evaluation
Collier County has implemented a Contractor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, contractors will be evaluated on their performance
upon completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 70% or more of the solicitation amount for said work.
6. 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 Contractor the costs necessary to correct the
deficiencies directly related to the Contractor's non - performance.
7. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful contractor extending the pricing, terms
and conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful contractor.
8. Environmental Health and Safety
All Contractors and Sub contractors 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. Contractors
and Sub contractors 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 Contractor's work
operations. This provision is non - negotiable by any department and /or Contractor.
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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.
9. Florida Wood Products
The Contractor /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.
10. Public Records Compliance
The Contractor /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.
11. Standards of Conduct
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.
12. Licenses
The Contractor 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
contractor to supply this documentation with their bid response may be grounds for
deeming contractor non - responsive. A Contractor 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.
13. Protection of Property
The Contractor 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 Contractor or their
Sub contractor in the performance of the required service, the Contractor shall- repair /replace, to
the County's satisfaction, damaged property at no additional cost to the County. If the damage
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caused by the Contractor or their Sub contractor has to be repaired /replaced by the County, the
cost of such work will be deducted from the monies due the Contractor.
14. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and /or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the
individual and /or firm for cause.
15. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Contractor'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(o-)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 month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
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Payments will be made for articles and /or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off -set the amount owed to the County by applying
the amount owed to the contractor 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.
16. Survivability
Bids (ITBs /RFPs): The Contractor agrees that any Work Order /Purchase Order that extends
beyond the expiration date of Solicitation 13 -6168 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.
17. Insurance Requirements
The Contractor 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 Contractor 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 Contractor waive against each other and the County's separate Contractors,
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 Contractor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Contractors, 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 Contractor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Contractor
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
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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 Contractor has any self- insured
retentions or deductibles under any of the below listed minimum required coverage, Contractor
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 Contractor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Contractor 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 Contractor. The
Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of
this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to
be provided by Contractor hereunder, Contractor shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor 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 Contractor for such coverage(s) purchased. If Contractor 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 Contractor under this Agreement or any other
agreement between the County and Contractor. 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 Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
18. Security and Background Checks
If required, Contractor / 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 Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed
in the Florida Department of 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 Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT ") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
20. Debris
Contractor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Contractor 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
Contractor shall leave all affected areas as they were prior to beginning work.
21. Direct Material Purchase
The County reserves the right to require Contractor 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 Contractor
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 Contractor:
• 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 Contractor's agreements with
material suppliers
22. Equipment
Contractor shall have available and in good working condition, the necessary equipment to
perform the required service. If required, the Contractor 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
service site. The County reserves the right to request and obtain documentation of the
Contractor's cost, and to withhold payments until documentation is provided.
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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 Contractor 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. Contractor must service
all equipment prior to delivery and /or acceptance by the County.
23. Storage Tank Installation and Closure Requirements
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C.
regulated tank requires notification to the 'Count, prior to installation or closure of the tank. The
Pollution Control Department (239- 252 -2502) via contract GC -690 with the Florida Department of
Environmental Protection (FDEP) is the County (local program) for the purposes of these rules.
Regulated tanks require notification to the 'County' local program 30 days prior to installation and
again 48 hours prior to commencement of the installation. Closure activities require a 10 day
notification and then a 48 hour notification prior to commencement. The notification is to allow for
scheduling of the inspections pertaining to the installation / closure activities. A series of
inspections will be scheduled based upon system design after discussing the project with the
Contractor / Project Manager. Specifics on applicability, exemptions and requirements for
regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or
contact the Pollution Control Department with your questions. Please note that equipment must
be listed on the FDEP approved equipment list and will be verified at inspection along with
installation and testing procedures. The approved equipment list is constantly updated and can
be found at the FDEP Storage Tank Regulation website along with rules, forms and other
applicable information.
24. 62- 761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of UST
systems with individual storage tank capacities greater than110 gallons that contain or
contained:
i) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984
ii) Pollutants or hazardous substances after December 10, 1990; or
iii) Regulated substances in unmaintained storage tank systems.
b) This rule is applicable to non - residential facilities. Under 40 C.F.R. 280, residential tanks
greater than 1100 gallons containing motor fuels are subject to Federal UST rules
(advisory information only -not required by this Chapter).
25.62-762.301, F.A.C. Applicability
1) General Requirements:
a) Aboveground storage tank systems: The requirements of this chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of
aboveground stationary storage tank systems with individual storage tank capacities
greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-
61, F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
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b) Aboveground compression vessels and hazardous substance storage tank systems:
Owners and operators of compression vessels and hazardous substance storage tanks
with capacities of greater than 110 gallons containing hazardous substances are only
required to comply with subsections 62- 762.401(1) -(2), F.A.C.
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or
owners and operators of aboveground mineral acid storage tank systems with capacities of
greater than 110 gallons containing mineral acids are only required to comply with Rule 62-
762.891, F.A.C.
26. Definitions
62- 761.200(11) and 62- 762.201(16), F.A.C.: "Count' means a locally administered program
under contract with the Department to perform compliance verification activities at facilities with
storage tank systems.
62- 761.200(48) and 62- 762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in
Section 377.19(l 1), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding
liquefied petroleum gas.
62- 761.200(51) and 62- 762.201(65), F.A.C.: "Product' as defined in Section 377.19(l 1), F.S.,
means any commodity made from oil or gas and includes refined crude oil, crude tops, topped
crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel
oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline,
naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended
gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts
derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts
derived from oil or gas, whether hereinabove enumerated or not.
62- 761(73) and 62- 762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel
motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.
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co Zr Cox ty
AdniiniVxafive Services Division
Purchasing
Attachment 1: Contractor Submittal - Contractor'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
Contractors 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: 13 -6168 Demolition Commercial and Residential Structures
❑ 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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coftr county
Adrrinishati++a tic l: Msion
Purchasing
Attachment 2: Contractor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY CONTRACTOR. Please read carefully, sign
in the spaces indicated and return with bid.
Contractor 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:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 13 -6168 Demolition Commercial and Residential Structures
• Opening Date: April 9, 2014
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.)
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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cor-je'�r County
Adry it istafiwe Serum C>tvision
Purchasing
Attachment 3: Contractor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 13 -6168 Demolition Commercial and Residential Structures
Dear Commissioners:
The undersigned, as Contractor, hereby declares that the specifications have been fully examined
and the Contractor is fully informed in regard to all conditions pertaining to the work to be performed
for as per the scope of work. The Contractor 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 Contractor 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:
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 Purchasing Director for approval
within fifteen (15) days after being notified of an award.
#13 -6168 Demolition Commercial and Residential Structures 28
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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
#13 -6168 Demolition Commercial and Residential Structures 29
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CON'r- County
AdrrvnishaM Semoes Dmslon
Purchasing
Attachment 4: Contractor Submittal — Local Contractor Preference Affidavit
Solicitation: 13 -6168 Demolition Commercial and Residential Structures (Check Appropriate Boxes
Below)
State of Florida (Select County if Contractor is described as a Local Business
❑ Collier County
❑ Lee County
Contractor 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;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located
within the limits of Collier or Lee Counties from which the contractor operates or performs business. Post Office
Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition
to the foregoing, a contractor shall not be considered a "local business" unless it contributes to the economic
development and well -being of either Collier or Lee County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and principals of the business
within Collier or Lee County. Contractors 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.
Contractor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, contractor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in contractor's submission being deemed not applicable.
Contractor 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
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My Commission Expires:
(AFFIX OFFICIAL SEAL)
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Coler County AdmnisUat ve Servioes Division
Pumhasing
Attachment 5: Contractor Submittal — Immigration Affidavit
Solicitation: 13 -6168 Demolition Commercial and Residential Structures
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, Contractors / 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 contractor'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
Contractor / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any contractor 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 contractor 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.
Contractor 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
Contractor's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
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.
#13 -6168 Demolition Commercial and Residential Structures 32
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+Cr��er County
Adirrinistira6ve seM«e Division
Purchasing
Attachment 6: Contractor 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
State
Telephone FAX
Order Information
Address
City State Zip
FAX
Email
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City _
FAX
Email
State Zip
_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)
(Contractors 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, l certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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coT er c. our y
Adnninistrative Services Division
Purchasing
Attachment 7: Contractor 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 /Contractor /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 /Contractor /Consultant or
anyone employed or utilized by the Contractor /Contractor /Consultant in the
performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole
negligence of Collier County.
4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
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❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
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. ® Contractor shall ensure 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.
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.
Contractor'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
Contractor
Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
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A G R E E M E N T 13-6168
for
Demolition Commercial and Residential Structures
THIS AGREEMENT is made and entered into this day of , 2014, 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 Honc Enterprises, Inc., d /b /a Honc
Destruction, as the Primary Contractor, authorized to do business in the State of Florida, whose
business address is 1130 -1 Pondella Road, Cape Coral, FL 33909 (hereinafter referred to as the
"Contractor ").
WITNESSETH:
COMMENCEMENT: The Contractor shall commence the Work upon issuance of a Notice to
Proceed, providing a Purchase Order has been established for the Work. The contract shall
be for a one (1) year period, commencing on Date of Board award 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. This contract shall have three (3)
additional, one (1) 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 two (2) Contractors
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 Contractor will provide
complete services for Demolition of Commercial and Residential Structures on an as- needed
basis as may be required by the Owner in accordance with the terms and conditions of ITB
#13 -6168 and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement.
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 and that procedure during the term and any
extension of the term of this Agreement.
Although the primary user of this Contract is the Code Enforcement 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
have five (5) business days to respond that they are willing and able to complete the job(s) in
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the required time frame(s). The user department will then issue a Notice to Proceed, provided
that there has been a Purchase Order established 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 procedure for
obtaining services is the same.
In each description of Work, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
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 Owner shall pay the Contractor for the performance of the Work
as per attached Exhibit B Price Schedule. Any County agency may utilize the services offered
under this contract, provided sufficient funds are included in its budget(s).
Any County Agency may utilize the services offered under this contract, provided sufficient
funds are included in the budget(s). 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:
Honc Enterprises, Inc.
d /b /a Honc Destruction
1130 -1 Pondella Road
Cape Coral, FL 33909
David Mulicka, President
Telephone: 239 - 772 -2378
Facsimile: 239 - 772 -4414
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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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.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
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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.
D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
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. PAYMENTS WITHHELD. 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) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
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. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. The "Commencement Date" of all Work to be performed under this Agreement shall be
established in the Notice to Proceed to be issued by the Owner. Contractor shall commence
the work within ten (10) calendar days from the Commencement Date, or as directed by the
Project Manager in the Notice to Proceed. No Work shall be performed at the Work site prior
to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
C. Any delay caused by availability or capability of the Primary Contractor in the commencement
of the Work described herein shall constitute the County's right to utilize the Secondary
Contractor without penalty or shall not give rise to damages or additional compensation from
County. Primary Contractor expressly acknowledges and agrees that it shall receive no
damages or additional compensation for work issued to the Secondary Contractor for any
reason.
D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty -eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
E. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Work Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly
apply to claims for early completion, as well as to claims based on late completion.
15. 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.
16. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
17. COMPLIANCE WITH LAWS. 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 at F.S. § 119.0701(2)(a) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. 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.
19. 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.
20. WARRANTY. Vendor 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.
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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.
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 Code Enforcement Department.
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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: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's
Proposal, Insurance Certificate(s), ITB #13 -6168 any, Purchase Order made or issued
pursuant to this Agreement, and any related specifications for any such Purchase Orders.
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.
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.
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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
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
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written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
6/24/2014 16.A.8.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Hone Enterprises, Inc. d /b /a Hone Destruction
Primary Contractor
0
Signature
Typed Signature
Title
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Exhibit A — Scope of Services
13 -6168 Demolition of Commercial and Residential Structures
These specifications are intended to provide the information by which the Contractor may
understand the requirements of Collier County relative to demolition of commercial and residential
buildings including mobile homes.
Work shall include furnishing all necessary materials and completing all work, including labor,
transportation, supervision, equipment and traffic control incidental to the Project, as described
during the site visit and as directed by Project Manager.
• Grade and level each described property to the grade of the surrounding area. Clearing shall
consist of, but not be limited to, any structure, pools, sheds, improvements, shrubs, hedges,
walls, fences, landscape timbers, vehicles, boats, tires and drums, etc.
• Sites to be free and clear on, in, under or about the project site.
• Removal of mail box (if requested).
Foundations that may extend to below grade shall also be removed.
• All material, rubbish and debris shall be removed from the property and legally disposed of by
the Contractor. A receipt from the landfill must be submitted to the County before inspection
of the site and acceptance of the work will be approved. Reimbursement will be based on
Receipt for tipping fee (required at time of invoice).
• The public Right of Way will be kept clear at all times. No materials other than dirt and small
gravel six inches (6 ") or less shall be left upon the site (this material cannot be crushed and
left on -site) nor shall any fill placed upon the site be other than dirt or small gravel. Sidewalks
are not to be removed.
• Fencing that restricts the entrance to a demolition site may be removed only at the front
entrance of the property abutting the street. Removal must be from corner post to corner post
and replacement of this fencing will not be required. Any remaining side and back fencing is
to remain intact unless that fence is in a dilapidated condition and is a hazard to this property
as determined by the County.
• Contractor will have a maximum of thirty (30) days from the issuance of the Notice to Proceed
date to successfully complete the demolition of each location, unless otherwise authorized in
writing by the County.
• The Contractor shall videotape the property prior to the demolition and provide a copy of the
tape at completion. The Contractor shall also notify Animal Control, if necessary, prior to
demolition, to visit the site and remove any stray animals.
• The Contractor /Subcontractor shall obtain and pay for all required permits and licenses and
shall comply with all State and Local laws, codes and ordinances regarding demolition and site
work. The only exception will be when obtaining a D.E.P. permit. As this permit may not be
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necessary for every demolition, the County, in those instances, will reimburse the Contractor
for the cost of the D.E.P. permit.
• The Contractor shall comply with County codes and ordinances to ensure the proper
disconnection of utilities and shall properly cap any sewer lines or connections.
Disconnection of underground utility services is required to be on public thoroughfares.
• Contractor shall comply with all local requirements and regulations respecting barricading of
streets and removal /restoration of pavement and other pertinent matters. A Maintenance of
Traffic (MOT) Plan may be necessary when required by the project.
• The Contractor will be responsible for obtaining asbestos survey(s) and onsite demolition
supervision and provide all asbestos written reports, when required by the Project, to the
department issuing the purchase order.
• The Contractor will be responsible to provide water on -site if applicable.
• If project time is over twenty -four (24) hours in duration, a property fence (chain link) must be
installed to secure equipment and protect the safety and welfare of the neighboring populace.
• Collier County assumes no responsibility for the condition of the buildings, structures, and
other property in the area of the demolition or for their continuance in the condition existing at
the time of issuance of the Notice to Proceed and /or purchase order. Work commencement
must take place within ten (10) business days or as directed by Project Manager in the Notice
to Proceed.
• The work of demolition and site clearance on all or any part of the demolition area, all rights,
titles, and interest of Collier County in and to the buildings, structures and other property to be
demolished and removed by the Contractor shall be deemed to be vested in the Contractor,
subject to the provisions of the contract and the following:
1. No right, title, property, or interest of any kind whatsoever in or to the land or premises
upon which such building or structures stand, is created, assigned, conveyed, granted
or transferred to the Contractor or any other person or persons except only the license
and right of entry to remove such building and structures in strict accordance with the
contract.
2. All salvage becomes the property of the Contractor but storage of such materials and
equipment on the project will not be permitted except for the duration of the contract.
Such storage shall at no time interfere with activities of Collier County or other
contractors.
3. No structure shall be removed from the premises as a whole or in a substantially whole
condition, but all such buildings shall be demolished on the premises (any removal of
buildings, materials etc. must be pre- approved by the Project Manager).
4. Work shall be accomplished during the operating time of the County 7:30 a.m. to 5:00
p.m., Monday through Friday, excluding recognized holidays. Any work hours outside
these times will need Project Manager /County approval.
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5. Failure to complete the project within the required timeframes shall create a right in the
County to the following cumulative remedies:
Termination of award.
Payment of any damages to the County caused by delay, including any
increased costs associated with selecting another Contractor.
Liquidated damages will be determined on a case by case basis and will be
calculated prior to the commencement of the job and communicated on the
Notice to Proceed.
The County may take procession of appliances, cabinetry, windows, doors, well pumps, etc. from the
proposed site. The removal of these items will take place prior to the contractor starting the project.
GDv
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13 -6168 Demolition of Commercial and Residential Structures
Exhibit B - Price Schedule - Honc
No.
Description
Unit
Unit Price
Oty
Total
1
Single Story Frame Structure 1500SF or less
SF
$ 2.25
1500
$ 3,375.00
2
Single Story Frame Structure 1501 SF or more
SF
$ 2.25
1501
$ 3,377.25
3
Multiple tory Frame Structure 2500SF or less
SF
$ 2.15
2500
$ 5,375.00
4
Mutliple Story Frame Structure 2501 SF or
more
SF
1 $ 2.15
2501
$ 5,377.15
5
Single Story Block Structure 1500 SF or less
SF
$ 2.10
1500
$ 3,150.00
6
Single Story Block Stucture 1501 SF or more
SF
$ 2.10
1501
$ 3,152.10
7
Multiple Story Block Structure 2500SF or less
SF
$ 2.10
2500
$ 5,250.00
8
Multiple Story Block Structure 2501 SF or
more
SF
$ 2.10
2501
$ 5,252.10
9
Mobile Home
SF
$ 2.45
760
$ 1,862.00
10
Charge in the Event Structure has Friable
Asbestos
SF
$ 2.50
1500
$ 3,750.00
11
Charge in the Event Structure has Non - Friable
Asbestos
SF
$ 1.25
1500
$ 1,875.00
12
Removal of Debris Materials Litter other than
Tires
CY
$ 9.00
50
$ 450.00
13
Removal of Hazardous Materials
CY
$ 15.00
20
$ 300.00
14
Removal of Tires
EA
$ 2.00
50
$ 100.00
15
Removal of Septic Tank
EA
$ 300.00
1
$ 300.00
16
Removal of Swimming Pool
SF
$ 2.50
500
$ 1,250.00
17
Removal of Fencing All Types
LF
$ 1.00
1
$ 1.00
18
Concrete Block Structural Cuts and
Restoration
LF
$ 3.00
1
$ 3.00
19
1 Slab Cuts less than 6" in Depth
EA
$ 3.00
1
$ 3.00
20
Slab Cuts Greater Than 6" in Depth
EA
$ 4.00
1
$ 4.00
21
Electrician
HR
$ 50.00
1
$ 50.00
22
Fumi ation
EA
$ 200.00
1
$ 200.00
23
Rodent Control
EA
$ 200.00
1
$ 200.00
24
Bee Hive Removal
EA
$ 200.00
1
$ 200.00
25
Chain Link Seccurity Fence
LF
$ 3.50
1
$ 3.50
26
Removal of Driveway /Apron
SF
$ 1.50
1
$ 1.50
27
Removal of Mail Box
EA
$ 1.00
1
$ 1.00
28
Well Capped
EA
$ 25.00
1
$ 25.00
29
Cap Sewer Line
EA
$ 15.00
1
$ 15.00
30
Well Capped and Plugged with Concrete
EA
$ 750.00
1
$ 750.00
TO
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AG R E E M E N T 13-6168
for
Demolition Commercial and Residential Structures
THIS AGREEMENT is made and entered into this day of , 2014, 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 Paragon Construction Unlimited, Inc.,
as the Secondary Contractor, authorized to do business in the State of Florida, whose business
address is 11497 NW 153`d Avenue, Pembroke Pines, FL 33028, (hereinafter referred to as the
"Contractor ").
WITNESSETH:
COMMENCEMENT: The Contractor shall commence the Work upon issuance of a Notice to
Proceed, providing a Purchase Order has been established for the Work. The contract shall
be for a one (1) year period, commencing on Date of Board award 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. This contract shall have three (3)
additional, one (1) 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 two (2) Contractors
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 Contractor will provide
complete services for Demolition of Commercial and Residential Structures on an as- needed
basis as may be required by the Owner in accordance with the terms and conditions of ITB
#13 -6168 and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement.
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 and that procedure during the term and any
extension of the term of this Agreement.
Although the primary user of this Contract is the Code Enforcement 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
have five (5) business days to respond that they are willing and able to complete the job(s) in
0
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the required time frame(s). The user department will then issue a Notice to Proceed, provided
that there has been a Purchase Order established 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 procedure for
obtaining services is the same.
In each description of Work, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
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 Owner shall pay the Contractor for the performance of the Work
as per attached Exhibit B Price Schedule. Any County agency may utilize the services offered
under this contract, provided sufficient funds are included in its budget(s).
Any County Agency may utilize the services offered under this contract, provided sufficient
funds are included in the budget(s). 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:
Paragon Construction Unlimited, Inc.
1497 NW 153rd Avenue
Pembroke Pines, FL 33028
Jeffrey Strump, Director
Telephone: 954 - 430 -4309
Facsimile: 954 - 206 -7927
Paragon@bellsouth.net
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
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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.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
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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.
D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence.
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. PAYMENTS WITHHELD. 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) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
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. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. The "Commencement Date" of all Work to be performed under this Agreement shall be
established in the Notice to Proceed to be issued by the Owner. Contractor shall commence
the work within ten (10) calendar days from the Commencement Date, or as directed by the
Project Manager in the Notice to Proceed. No Work shall be performed at the Work site prior
to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
C. Any delay caused by availability or capability of the Primary Contractor in the commencement
of the Work described herein shall constitute the County's right to utilize the Secondary
Contractor without penalty or shall not give rise to damages or additional compensation from
County. Primary Contractor expressly acknowledges and agrees that it shall receive no
damages or additional compensation for work issued to the Secondary Contractor for any
reason.
D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty -eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
E. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Work Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly
apply to claims for early completion, as well as to claims based on late completion.
15. 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.
16. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
17. COMPLIANCE WITH LAWS. 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 at F.S. § 119.0701(2)(a) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. 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.
19. 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.
20. WARRANTY. Vendor 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.
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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.
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 Code Enforcement Department.
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6/24/2014 16.A.8.
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: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's
Proposal, Insurance Certificate(s), ITB #13 -6168 any, Purchase Order made or issued
pursuant to this Agreement, and any related specifications for any such Purchase Orders.
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.
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.
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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 person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
Type /Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Paragon Construction Unlimited, Inc.
Secondary Contractor
in
Signature
Typed Signature
Second Witness Title
Type /Print Witness Name
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
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Exhibit A — Scope of Services
13 -6168 Demolition of Commercial and Residential Structures
These specifications are intended to provide the information by which the Contractor may
understand the requirements of Collier County relative to demolition of commercial and residential
buildings including mobile homes.
Work shall include furnishing all necessary materials and completing all work, including labor,
transportation, supervision, equipment and traffic control incidental to the Project, as described
during the site visit and as directed by Project Manager.
• Grade and level each described property to the grade of the surrounding area. Clearing shall
consist of, but not be limited to, any structure, pools, sheds, improvements, shrubs, hedges,
walls, fences, landscape timbers, vehicles, boats, tires and drums, etc.
• Sites to be free and clear on, in, under or about the project site.
• Removal of mail box (if requested).
• Foundations that may extend to below grade shall also be removed.
• All material, rubbish and debris shall be removed from the property and legally disposed of by
the Contractor. A receipt from the landfill must be submitted to the County before inspection
of the site and acceptance of the work will be approved. Reimbursement will be based on
Receipt for tipping fee (required at time of invoice).
• The public Right of Way will be kept clear at all times. No materials other than dirt and small
gravel six inches (6 ") or less shall be left upon the site (this material cannot be crushed and
left on -site) nor shall any fill placed upon the site be other than dirt or small gravel. Sidewalks
are not to be removed.
• Fencing that restricts the entrance to a demolition site may be removed only at the front
entrance of the property abutting the street. Removal must be from corner post to corner post
and replacement of this fencing will not be required. Any remaining side and back fencing is
to remain intact unless that fence is in a dilapidated condition and is a hazard to this property
as determined by the County.
• Contractor will have a maximum of thirty (30) days from the issuance of the Notice to Proceed
date to successfully complete the demolition of each location, unless otherwise authorized in
writing by the County.
• The Contractor shall videotape the property prior to the demolition and provide a copy of the
tape at completion. The Contractor shall also notify Animal Control, if necessary, prior to
demolition, to visit the site and remove any stray animals.
• The Contractor /Subcontractor shall obtain and pay for all required permits and licenses and
shall comply with all State and Local laws, codes and ordinances regarding demolition and site
work. The only exception will be when obtaining a D.E.P. permit. As this permit may not be
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necessary for every demolition, the County, in those instances, will reimburse the Contractor
for the cost of the D.E.P. permit.
• The Contractor shall comply with County codes and ordinances to ensure the proper
disconnection of utilities and shall properly cap any sewer lines or connections.
Disconnection of underground utility services is required to be on public thoroughfares.
• Contractor shall comply with all local requirements and regulations respecting barricading of
streets and removal /restoration of pavement and other pertinent matters. A Maintenance of
Traffic (MOT) Plan may be necessary when required by the project.
• The Contractor will be responsible for obtaining asbestos survey(s) and onsite demolition
supervision and provide all asbestos written reports, when required by the Project, to the
department issuing the purchase order.
• The Contractor will be responsible to provide water on -site if applicable.
• If project time is over twenty -four (24) hours in duration, a property fence (chain link) must be
installed to secure equipment and protect the safety and welfare of the neighboring populace.
• Collier County assumes no responsibility for the condition of the buildings, structures, and
other property in the area of the demolition or for their continuance in the condition existing at
the time of issuance of the Notice to Proceed and /or purchase order. Work commencement
must take place within ten (10) business days or as directed by Project Manager in the Notice
to Proceed.
• The work of demolition and site clearance on all or any part of the demolition area, all rights,
titles, and interest of Collier County in and to the buildings, structures and other property to be
demolished and removed by the Contractor shall be deemed to be vested in the Contractor,
subject to the provisions of the contract and the following:
1. No right, title, property, or interest of any kind whatsoever in or to the land or premises
upon which such building or structures stand, is created, assigned, conveyed, granted
or transferred to the Contractor or any other person or persons except only the license
and right of entry to remove such building and structures in strict accordance with the
contract.
2. All salvage becomes the property of the Contractor but storage of such materials and
equipment on the project will not be permitted except for the duration of the contract.
Such storage shall at no time interfere with activities of Collier County or other
contractors.
3. No structure shall be removed from the premises as a whole or in a substantially whole
condition, but all such buildings shall be demolished on the premises (any removal of
buildings, materials etc. must be pre- approved by the Project Manager).
4. Work shall be accomplished during the operating time of the County 7:30 a.m. to 5:00
p.m., Monday through Friday, excluding recognized holidays. Any work hours outside
these times will need Project Manager /County approval.
GP
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5. Failure to complete the project within the required timeframes shall create a right in the
County to the following cumulative remedies:
Termination of award.
Payment of any damages to the County caused by delay, including any
increased costs associated with selecting another Contractor.
Liquidated damages will be determined on a case by case basis and will be
calculated prior to the commencement of the job and communicated on the
Notice to Proceed.
The County may take procession of appliances, cabinetry, windows, doors, well pumps, etc. from the
proposed site. The removal of these items will take place prior to the contractor starting the project.
CA
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13 -6168 Demolition of Commercial and Residential Structures
Exhibit B - Price Schedule - Paragon
No.
Description
Unit
Unit Price
Oty
Total
1
Single Story Frame Structure 1500SF or less
SF
$ 2.99
1500
$ 4,485.00
2
Single Story Frame Structure 1501 SF or
more
SF
$ 3.47
1501
$ 5,208.47
3
Multiple Story Frame Structure 2500SF or
1 less
SF
$ 2.98
2500
$ 7,450.00
4
Mutliple Story Frame Structure 2501 SF or
more
SF
$ 3.58
2501
$ 8,953.58
5
Single Story Block Structure 1500 SF or less
SF
$ 3.24
1500
$ 4,860.00
6
Single Story Block Stucture 1501SF or more
SF
$ 3.73
1501
$ 5,598.73
7
Multiple Story Block Structure 2500SF or
less
SF
$ 3.14
2500
$ 7,850.00
8
Multiple Story Block Structure 2501 SF or
more
SF
$ 3.66
2501
$ 9,153.66
9
Mobile Home
SF
$ 3.14
760
$ 2,386.40
10
Charge in the Event Structure has Friable
Asbestos
SF
$ 3.20
1500
$ 4,800.00
11
Charge in the Event Structure has Non-
Friable Asbestos
SF
$ 2.00
1500
$ 3,000.00
12
Removal of Debris Materials Litter other than
Tires
CY
$ 28.00
50
$ 1,400.00
13
Removal of Hazardous Materials
Cy
$ 80.00
20
$ 1,600.00
14
Removal of Tires
EA
$ 20.00
50
$ 1,000.00
15
Removal of Septic Tank
EA
$ 450.00
1
$ 450.00
16
Removal of Swimming Pool
SF
$ 3.12
500
$ 1,560.00
17
Removal of Fencing All Types
LF
$ 3.00
1
$ 3.00
18
Concrete Block Structural Cuts and
Restoration
LF
$ 20.00
1
$ 20.00
19
Slab Cuts less than 6" in Depth
EA
$ 3.20
1
$ 3.20
20
Slab Cuts Greater Than 6" in Depth
EA
$ 4.52
1
$ 4.52
21
Electrician
HR
$ 65.00
1
$ 65.00
22
1 Fumigation
EA
$ 723.00
1
$ 723.00
23
Rodent Control
EA
$ 378.00
1
$ 378.00
24
Bee Hive Removal
EA
$ 250.00
1
$ 250.00
25
Chain Link Seccurity Fence
LF
$ 3.48
1
$ 3.48
26
Removal of Driveway /Apron
SF
$ 3.95
1
$ 3.95
27
Removal of Mail Box
EA
$ 20.00
1
$ 20.00
28
Well Ca pped
EA
$ 300.00
1
$ 300.00
29
Cap Sewer Line
EA
$ 375.00
1
$ 375.00
30
Well Capped and Plugged with Concrete
EA
$ 530.00
1
$ 530.00
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